Ethics, Crime, & Justice: Final Exam

“Rotten Apple” Argument

Officer was deviant before hiring. They passed through various stages of rationalization to more serious misdeeds in a systematic way. Once an officer experiences their first moral crisis, it becomes easier.

Cynicism

An attitude of contemptuous distrust of human nature and motives. This officer expects the worst. Antithesis of idealism, truth, and justice.

Minnesota Multiphasic Personality Inventory (MMPI)

The most common pre-employment screening tool.

“Big Five”

Extroversion, neuroticism, agreeableness, conscientiousness, and openness.

Which personality trait is most relevant to job performance?

Conscientiousness— it’s related to being organized, reliable, hard working, self-governing, and persevering.

Gideon v. Wainwright

Gideon was charged with breaking and entering with intent to commit a misdemeanor. After being denied a court appointed attorney, the Supreme Court ruled that it was unconstitutional.

Lawyer vs. Attorney

A lawyer has studied or trained in the law. An attorney has passed the bar exam and is licensed to practice in a specific jurisdiction.

Legal Agent Model vs. Moral Agent Model

The legal agent model claims that lawyers are neither moral or immoral, they’re only a tool. The moral agent model claims that lawyers must adhere to their own moral code.

Responsibility to the Client

Attorneys cannot abandon their clients, unless:

• The legal action is for harassment or malicious purposes.

• Continued employment will result in violation of a disciplinary rule.

• Discharged by a client.

• A mental or physical condition renders effective counsel impossible.

Confidentiality

Attorney-client privilege prevents compelling attorneys to disclose confidential information about their clients, except:

• When clients consent.

• When required by law or a court.

• To defend against an accusation of wrongful conduct.

• To prevent clients from committing crime or fraud.

• To prevent, mitigate, or rectify financial injury to another.

Zealous Defense

Defense counsel must zealously defend client, but not commit unethical acts to do so.

Duty Regarding Perjury

• Defense counsel should not knowingly offer false evidence.

• Attorney’s ethics could become compromised if the defendant insists on taking the sand to commit perjury.

• Attorney must withdraw from the case if they’re knowing of perjury.

• Attorney doesn’t have to disclose if they aren’t sure of the client committing perjury.

“Must seek justice, not ______.”

“…convictions.”

Exculpatory Evidence

Evidence that suggests someone is innocent.

Brady v. Maryland

This case resulted Brady Laws. Prosecutors are required to disclose evidence negating the defendant’s guilt. This evidence could impact the defendant’s sentence. Evidence could test the credibility of a witness.

Noble Cause Corruption

When prosecutors break the rules to win a case.

Conflict of Interest

Recusal is necessary when the judge has an interest. Judges can respond to a recusal and decide to story or leave the case. However, the recusing party can file for an appeal anyways.

Batson v. Kentucky

Restricted the ability of prosecutors who used preemptory challenges to keep Black people off the jury in any case involving a Black defendant.

Confirmatory Bias

When someone ignores evidence that is contrary to what they believe.

How many jurisdiction have compensation statutes?

30 states, the Federal Government, and D.C.

Irony of Post-Prison Services

Some services are too similar considering wrongfully convicted people didn’t deserve to be incarcerated anyways.

Treatment

Anything used to induce behavioral change. Goals include:

• Elimination of dysfunctional or deviant behavior.

• Encouragement of productive, normal behavior.

Standard Form of Punishment in the U.S.

Prison

According to Dr. Terry Kupers, what are the 2 things that solitary confinement does?

He claims that sensory deprivation and the lack of human interaction can lead to severe psychological debilitation and rapid mental illness deterioration.

University of Wisconsin Study

Harry Harlow placed rhesus monkeys inside a solitary confinement chamber, nicknamed the “pit of despair”. The monkeys eventually just gave up.

Prisoner Rights History

The Prisoner Rights Movement and changing goals in the 1970s and 1980s created role conflict and ambiguity for the correctional officer.

Due Deference

For most claims of violation of prisoner rights, the prison must only prove a rational relationship between the prison policy/procedure and the correctional goal of safety and security.

Prison Litigation Reform Act (PLRA) of 1996

This act severely limited a prisoner’s ability to file lawsuits, fed courts to enforce decrees and limited attorney fees.

Brown v. Plata

The Supreme Court held that California’s prison system violated the 8th Amendment. Prisons were severely overpopulated, which resulted in cruel conditions for all levels of prisoners.

Use of Force

Physical force is sometimes necessary in prison situations.

• Could include preventing an inmate from hurting themselves or breaking up a fight.

Prior to 1980, overt physical force was used routinely.

Hudson v. McMillan

The Supreme Court ruled that serious injury is not needed to violate the 8th Amendment. This case established what “necessary force” was.

Reciprocity

Officer become dependent on inmates for completion of important tasks. In return, officers may overlook inmates infractions and allow a degree of favoritism.

Prison Rape Elimination Act (PREA) of 2003

• Zero tolerance standard for the incidence of inmate sexual assault and rape.

• Developed standards of prevention, protection, reduction, and punishment of prison rape.

• Collection and dissemination of information on the incidence of prison rape.

• Award of grants to help state and local governments implement the purposes of the Act.