CJ Ethics Midterm

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

1. Investigative Deception

2. Interrogatory Deception

3. 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.