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Ethics Definition
Also known as moral philosophy, is the study of principles that govern right and wrong behavior. It provides a framework for decision-making in situations that involve moral dilemmas and helps professionals navigate discretion, authority, and justice while maintaining public trust.
Why study ethics
- It provides guidance in moral decision-making.
- It helps recognize ethical dilemmas and avoid unethical behaviors.
- It enhances accountability and professionalism in law enforcement, corrections, and legal professions.
- It strengthens public trust in the justice system
Difference between ethics and laws with examples
Ethics are moral principles that guide behavior, based on societal values and professional standards.
Laws are formal rules established and enforced by governments.
Example: Murder is both unethical and illegal, Stop-and-frisk laws may be legal, but it’s ethically questionable due to concerns about racial profiling and civil liberties.
Ethical Absolutism
Ethical Theory: the belief that there are absolute standards against which moral questions can be judged, and that certain actions are universally right or wrong regardless of context or consequences.
Example: Torture is always wrong, regardless of circumstances.
Ethical Pluralism
Ethical theory: The belief that multiple moral principles can coexist and be valid in different situations, allowing for a more flexible approach to ethics.
Example: In some cultures, lying may be acceptable to protect someone's feelings.
Ethical Relativism
Ethical theory that posits moral principles are not universal and can vary based on culture, society, or individual circumstances. This means that what is considered right or wrong may differ from one context to another.
Example: In some cultures, practices like arranged marriages are accepted, while others may view them as unethical.
Ethical Theories
Ethical Absolutism
Ethical Pluralism
Ethical Relativism
Models of Policing
Crime Fighter
Emergency Operator
Social Enforcer
Social Peacekeeper
Crime Fighter
Focuses on law enforcement and crime suppression.
Example: SWAT teams conducting drug raids
Emergency Operator
Responds to urgent situations and crises.
Example: Officers providing emergency medical assistance
Social Enforcer
Maintains order using authority and force when necessary.
Example: Breaking up a violent protest.
Social Peacekeeper
Acts as a mediator and problem solver within the community.
Example: Resolving a neighborhood dispute.
Importance of Police Culture
Plays a crucial role in shaping how officers perform their duties and interact with the community. It influences: decision making and discretion, ethical behavior, community relations, officer well-being.
Characteristics of Police Culture:
-Loyalty to fellow officers
-Us vs. them mentality
-Secrecy and resistance to change
-Strong adherence to the “blue code of silence”
Definition of police corruption with examples
The abuse of police authority for personal or professional gain. Examples: Accepting bribes, planting evidence, using excessive force.
Reasoning for Police Corruption
Lack of accountability.
Peer pressure.
Weak leadership.
Financial temptation
Definition of Noble Cause Corruption with examples
Unethical behavior conducted with good intentions, such as ensuring a guilty suspect is convicted.
- Example: Falsifying evidence to put a known criminal behind bars.
- Difference from Traditional Corruption: Motivated by a perceived duty to achieve justice, rather than personal gain
Whistleblowing in Police Culture
They often face:
Retaliation and exclusion.
Career stagnation.
Ethical dilemmas regarding loyalty vs. integrity
Court Case about Stop-and-Frisk
Terry v. Ohio (1968)
Requirements for Legality:
Reasonable suspicion that a person is engaged in criminal activity.
Justification: The officer must believe the suspect is armed and dangerous
Use of Force
The amount of force necessary to control a situation
Force Continuum
Officer presence
Verbal commands
physical control
less-lethal force
lethal force
Dynamic Resistance Response Model (DRRM)
Adjusts force level based on suspect behavior.
Officers should respond proportionately to resistance
Excessive Force
Using more force than necessary in a given situation.
Ethical & Legal Considerations:
Violates constitutional rights.
Undermines public trust.
Officers may face criminal and civil penalties
Changes in Police-Citizen Interactions
Increased use of body cameras to enhance transparency.
Rise in public scrutiny due to social media.
Greater emphasis on de-escalation training.
Growing movements for police reform and racial justice
Implicit Bias
subconscious associations that influence decision-making and behavior without conscious awareness.
Example: Studies show that police may subconsciously associate Blackness with criminality, affecting stops and arrests
Crisis Intervention Teams (CITs)
They improve police response to individuals with mental illness to reduce unnecessary arrests and increase referrals to mental health services with:
Specially trained officers use de-escalation techniques.
Officers may be paired with mental health professionals.
Entrapment
When law enforcement induces a person to commit a crime they otherwise would not have committed.
Example of Entrapment: A police officer aggressively pressures someone into buying illegal drugs who had no previous intent.
Example of What Is Not Entrapment: A sting operation catching a person actively seeking illegal activity
Whats acceptable for police lying and deception
Undercover work to infiltrate criminal organizations.
Interrogations using deception to elicit confessions.
Use of informants when necessary to gather intelligence.
Risks of Police lying
May lead to false confessions.
Undermines public trust.
Can create a slippery slope leading to further corruption
Ethics of policy lying
Investigative Deception
Interrogatory Deception
Testimonial Deception
Investigative Deception
Using undercover tactics or informants
Interrogatory Deception
Misleading suspects during questioning
Testimonial Deception
Lying in court or falsifying reports
Race
A socially constructed category based on physical characteristics
Ethinicity
Cultural identity based on shared history, language, or nationality
Racism
Discrimination or prejudice based on race
Common Points of Racial Bias
Arrests – Higher rates for minorities.
Prosecutorial Discretion – Decisions on charging and plea bargaining.
Bail – Minorities face higher bail amounts.
Death Penalty – Racial disparities in sentencing.
Jury Selection – Potential bias in jury pools
Jury Selection and Race process and safeguards
-Attorneys use peremptory challenges to remove jurors.
-Batson v. Kentucky (1986) prohibits racial discrimination in jury selection
Ethical Issues in the Bail System
Unfairly impacts low-income defendants.
Encourages plea bargains even for the innocent
Adversarial Justice Systems
Prosecution and defense argue before an impartial judge
Inquisitorial Justice Systems
Judge takes an active role in investigation
Obligation of Attorney
They must maintain confidentiality, avoid conflicts of interest, and uphold justice.
Lawyer-Client Confidentiality
Legal duty to keep client information private.
Can be waived:
If the client consent
If disclosure is necessary to prevent a crime
If required by a court order
Primary Duty of a Criminal Prosecutor
Seek justice, not just convictions. Must balance public safety, fairness, and ethical considerations.
Plea Bargrains in Criminal Cases
90-95% are resolved through plea bargains
reduces court backlog, save resources, and provide certainty.
Overcharging by Prosecutors
Charging a defendant with more offenses than necessary to pressure into a plea deal and ensure a conviction but can leads to coerced pleas and disproportionate sentencing.
Benefits of Plea Bargains for prosecution
Guarantees a conviction.
Saves time and resources.
Helps manage heavy caseloads.
Benefits of plea bargains for defense
Reduces potential sentences.
Avoids the risk of a harsher trial outcome.
Provides quicker resolution for defendants.
Ethical Duty of a Judge
Remain impartial and ensure that justice is served fairly while following legal precedents, respect due process, and avoid bias.
Arguments for electing judges
increases public accountabliity
allows voters to remove biased or ineffective judges
Arguments against electing judges
Judges may become politically motivated
Campaign financing could create conflicts of interest
legal decisions should be based on law not public opinion
Terry v. Ohio (1968) with Stop-and-Frisk
Officers suspected three men of planning to rob a store, conducted a frisk and found weapons, took to court for violating the 4th amendment but the search was ruled constitutional due to reasonable suspicion.
