CRJS 350: Exam #1

Why study ethics?

• Ethical issues exist in all areas of the criminal justice system from the passage of laws to punishment

• Criminal justice professionals have varying degrees of discretion, authority, some power of coercion, and have the law behind them to make you comply

• CJ professionals also encounter a multitude of situations in which they must make choices that affect people’s lives

• Learning how to determine the “right thing to do” is critical even though right and wrong is subjective to different people

What are some alternate reasons to study ethics?

Professionals have to learn the process the situation, differentiate between feelings and job requirements, and has the power of coercion over the public

Discretion

The power and authority to choose between two or more options

What is an example of discretion?

Only one taillight is working on a car, and you have the choice to either pull them over, let them go, ticket them, counsel or warn, or give a written warning

How do legislators have discretion?

In making laws and determining punishment

How do police have discretion?

In enforcing laws

How do attorneys and judges have discretion?

Affecting the justice process and outcomes

How do correctional professionals have discretion?

Affecting offenders’ daily lives and freedoms

What do CJ professionals have in common?

• Power to make decisions

• Duty to enforce the law

• Obligation to provide “due process” and “equal protection” for all

• Commitment to “public service”

What are the ethical expectations for public servants according to Edwin Delattre?

Wisdom, good character, balanced perception, integrity, habits of justice, temperance, courage, compassion, honesty, and fortitude

What are certain behaviors considered criminal?

Public safety or morality

What are some crimes that are considered criminal based off of morality?

Drug use, gambling, prostitution, and same-sex marriage

Morals

Principles of right and wrong

Ethics

The discipline of determining good and evil and defining moral duties

The term _____ is often used as an adjective to judge a person’s actions

Moral

The term _____ is often used as an adjective to refer to behaviors relating to a profession

Ethics

What is an example of ethics referring to behaviors relating to a profession?

Hippocratic Oath for physicians; a police code of ethics

Duties

Behaviors or actions required for a specific role

Supererogatory

Actions that are commendable (“above and beyond” but not required for a person to be considered moral

Values

Judgements of desirability, worth, or importance

What are some examples of values?

Honesty, health, family, financial success, and beauty

We’re going to limit our judgments of morality to:

Human acts, committed out of free will, and that affect others

Anyone with discretion is going to face ____

Dilemmas

Dilemma

A situation in which a person must make a decision when either the right course of action is unclear, or it comes with negative consequences

How do we phrase a dilemma as an answer?

“Whether to ___ or ____”

What is the first step for clarifying ethical dilemmas?

Review all the facts

What is the second step for clarifying ethical dilemmas?

Identify relevant values for all parties involved

What is the third step for clarifying ethical dilemmas?

Identify ethical dilemmas for each party

What is the fourth step for clarifying ethical dilemmas?

Identify the most immediate ethical dilemma facing the decisionmaker

What is the fifth step for clarifying ethical dilemmas?

Resolve the dilemma by using an ethical system

Ethical Systems

A systematic ordering of moral principles

What are the four parts of ethical systems?

Form the basis of our ethical judgments, are the source of our moral beliefs, are considered beyond argument by those who employ the ethical system, and your ethical system has a significant impact on what you do or don’t do it in your everyday life

What are the characteristics of deontological ethical systems?

Good is defined by the inherent nature of an act, some acts are inherently good and others are inherently bad, and the consequences of the act are irrelevant

What is an example of a deontological ethical system?

Charity is a moral act. Giving money to a poor person is a good act. If the poor person buys drugs with the money, the original act of charity is still moral

Ethical formalism is what type of ethical system?

A deontological ethical system

Who is the German philosopher associated with ethical formalism?

Immanuel Kant

What are the characteristics of ethical formalism?

Good intentions is the only thing that is intrinsically good and duty is required behavior. It is self-imposed and necessary to morality. Therefore, when faced with an ethical dilemma, you should act with good intentions and do your duty

What are the characteristics of teleological ethical systems?

Good is defined by results. An act is “good” or “bad” depending on the results it brings about so the consequences of the act are what is judged.

What is an example of a teleological ethical system?

Giving money to a poor person might not be moral if they used it for drugs (if drug use is immoral)

Utilitarianism is what type of ethical system?

Teleological ethical system

Who is the thinker associated with utilitarianism?

Jeremy Bentham

What are the characteristics of utilitarianism?

An action’s morality depends on how much it contributes to the overall good of society. Humans are hedonistic meaning they seek to maximize pleasure and avoid pain. Good = the greatest good for the greatest number of people

What are some of the criticisms of ethical formalism?

Semantics is critical in ethical formalism and could lead to confusion or abuse, it might not apply to extreme circumstances (it an action is “wrong,” it is always wrong regardless of the good consequences that might result), it doesn’t provide guidance for resolving conflicting duties, and the priority of motive and intent over result is problematic in some instances

What are some of the criticisms of utilitarianism?

It assumes that consequences can be accurately predicted, all “pleasures” or benefits are not equal, and the rights of the few might be sacrificed for the “greatest number”

What are the characteristics of religious ethics?

Provide judgments of good and evil for those who adhere to that religion and you should do what you believe God’s will

What do religious decisions depend on?

Religious texts, religious authorities, and faith

What are some of the criticisms of religion?

People hold different opinions about which religion is the “true” religion, people within religion often disagree on how to interpret its principles, and religious controversies are often difficult to resolve

What philosophical thinker is associated with the ethics of virtue?

Aristotle

What is the golden mean?

True virtue is the median between extremes of character

Eudaimonia

Living the “good life”

What are the characteristics of the ethics of virtue?

People develop moral virtues through practice just like any other strength, the golden mean, eudaimonia, and people who are in the habit of practicing the golden mean and living an ethical life will make ethical decisions

What are the six pillars of character that echo Aristotle’s virtues?

Trustworthiness, respect, responsibility, fairness, caring, and citizenship

What are the criticisms of ethics of virtue?

Assumes a good person will make a good decision and little help for people facing dilemmas

Natural Law

Morality is a force of nature like gravity and what is good is what is natural

Some examples of basic human inclinations according to natural law are what?

Self-protection, survival, etc.

Where does the idea of a social contract come into ethics?

Natural Law

Social Contract

An unspoken agreement that citizens give up some rights in exchange for protection

What philosophers were influenced by natural law and have impacted our government ideas?

Thomas Hobbes and John Locke

What are the criticisms of natural law?

No determination between natural and man-made law and no distinction of what the “natural” laws of morality are

The Ethics of Care

An ethical system that defines good as meeting the needs of all concerned and preserving or enriching relationships

What does the Ethics of Care contrast?

Most Western ethical systems which focus of issues like rights, laws, and universalism

Universalism

The idea that it would be acceptable for everyone/anyone else to behave in the same way that you are

Criticisms of Ethics of Care

Assumes needs are not in competition and does not provide a clear formula for what is right

Psychological Egoism

The concept that humans naturally seek individual self-interest

Is psychological egoism an ethical system and why?

No; it is an observation

Ethical Egoism

Defines the pursuit of self-interest as a moral good; people should behave in their own self-interest

What are the criticisms of egoism?

Violates universalism and logically inconsistent for everyone to try and maximize self-interest

Where does the concept of justice originate from?

The Greek word dike

What does the Greek word “Dike” mean?

Everything staying in its proper place

What did Plato believe in terms of justice?

It is achieved by maintaining the social status quo

What were Plato’s four civic virtues?

Justice, wisdom, temperance, and courage

What did Aristotle believe about justice?

The basis of law as he defined it as the unwritten customs of people that distinguish between what is and is not honorable

Who created the ideas of rectificatory and distributive justice?

Aristotle

Rectificatory Justice

Called for in business where unfair advantage or undeserved harm has occurred as it demands remedies or compensation to the injured party

What is rectificatory justice also known as?

Commutative justice

Distributive Justice

Concerns what measurement should be used to allocate society’s resources as well as proportional equality

What is proportional equality?

Unequal people, like slaves and women, get unequal shares

What are the possible standards for distributive justice?

Need, merit, performance, ability, rank, worth, station, work, agreements, common good, valuation of services, and legal entitlements

How is distributive justice looked at today?

Division of goods and burdens among members of a society

Corrective Justice

Determination and methods of punishment and punishment should fit crime (concept of just deserts)

Just Deserts

Getting what you deserve

What are the three symbols of justice?

Blindfold, scales, and sword

What does the blindfold stand for in justice?

Impartiality and fairness

What does the scales stand for in justice?

Weighing the evidence to determine guilt or innocence and choose a balanced punishment

What does the sword stand for in justice?

The authority of the courts to give appropriate punishment

What is John Rawl’s Theory of Justice?

All inequalities in a society should benefit the least advantaged and the veil of ignorance

The Veil of Ignorance

Decisions about distribution should be made without regard to how this might impact you personally

What are some criticisms of Rawl’s Theory?

The veil of ignorance cannot counteract human selfishness and self-interest, preferring the least well-off is bad for society; leads to lack of incentive or decline of standards, ignores just deserts and merit

What are the two parts of corrective justice?

Substantive and procedural justice

Substantive Justice

Based on the concept of just deserts and involves the determination of a “fair” punishment

Procedural Justice

Based on the concept of law and rules meant to safeguard against error in the application of justice and involves steps taken to determine guilt as well as punishment

What constitutional right exemplifies procedural justice?

Due Process

What are the two philosophies of justice?

Retributive and utilitarian justice

Retributive Justice

People should be punished according to the severity of their crimes and based on the concept of balance (lex talionis)

Lex Talionis

Perpetrator must suffer pain or loss proportional to the victim’s (an eye for an eye)

What are some of the cons of retributive justice?

Difficult to agree upon a fair degree of punishment in situations that involve mitigating factors and partial responsibility and difficult to measure the suffering or loss in incarceration

What is the most typical modern punishment?

Incarceration

Utilitarian Justice

People should be punished in a way that provides the greatest benefit to the greatest number of people

What are the procedural protections in the U.S.?

Notice of charges, jury, right of cross-examination, right to present evidence, representation by counsel, statement of findings, appeal of verdict

Restorative Justice

Emphasizes compensation over retribution, returns focus to rights and needs of the victim, victim impact statements, and integrates victims, offenders, and communities more fully into the justice process