Verified Document

Ethics In The Criminal Justice System Essay

¶ … Queen v. Dudley, a group of sailors were hired to captain a yacht from Essex, England to Sydney, Australia. Dudley was the captain, and Stephens, Brooks, and Parker were his mates and seamen. When The Mignonette capsized, the four men climbed aboard the lifeboat dinghy but had no water or supplies. Several weeks into the ordeal, Captain Dudley suggested that one of the men be sacrificed as a food source for the others so that at least three of them might remain alive rather than having them all die. Dudley first suggested they draw straws to see who would be chosen, but then decided that Parker, one of the seamen aboard, showed signs of sickness and would make an ideal candidate for sacrifice. Dudley killed Parker and the three other men ate Parker's body until they were rescued several days later. When the men returned home to England, they were treated like heroes and criminals at the same time. The Crown pressed charges of murder. Parker's eldest brother openly shook hands with Dudley to show signs of support, and the jury seemed set to yield a verdict of not guilty. That was when the Crown intervened by invoking arcane rules of the court. The Queen v. Dudley case of 1884 shows how prosecutorial and judicial discretion can be abused. In this case, "by way of a highly unorthodox procedure," a trial by jury was replaced by trial by tribunal, in which case five (obviously biased) judges meted out a decision contrary to that which the jury trial would have provided the defense. Lord Chief Justice Lord Coleridge used the Dudley case as his own political platform and moral pulpit, to espouse his views on whether killing Parker was a matter of self-preservation or not. In the interests of promoting his own personal moral beliefs, Lord Chief Justice Lord Coleridge overstepped the boundaries of the law in a democratic system. It would have been interesting to know whether or not Coleridge would have overtaken the case...

Would Coleridge still have wanted his day in the limelight? Interestingly, the case closed with the defense being pardoned. Coleridge was less interested in preserving the integrity of the system than he was in using the system to promote his own sense of moral righteousness.
In the This American Life episode "Right to Remain Silent," Ira Glass discusses two separate cases. The first is that of Joe Lipari, a stand-up comedian who had an annoying experience at the Apple Store and who posted to Facebook about it. His speaking out led to a surreal militaristic response one would not typically associate with American values. The second case is similar in the out-of-proportion response to Schoolcraft's whistleblowing-like activities in the police force. Ira Glass chose to discuss these two different cases together because they both refer to the ways that Constitutional rights like freedom of speech are not taken seriously. In both of these cases, the people involved were not overstepping the boundaries of the First Amendment. They were not using hate speech or anything that would have caused danger, although the issue with Joe Lipari was framed in such a way. Lipari essentially "cried fire in a theater," which is one of the few ways that freedom of speech may be legitimately curtailed because is believed that false alarms can be extremely disruptive and an infringement on people's rights. In this case, Lipari posted what he believed to be a joke on Facebook. Lipari even quoted from a famous movie (The Fight Club) but no one involved in the case seemed to get the joke. Because he was sarcastic and did not defer to intimidation by the cops, Lipari underwent months of traumatic ordeals with the justice system. The police never offered Lipari the benefit of the doubt, and even after they searched his apartment, deemed him to be a threat. This case illustrates "noble cause…

Sources used in this document:
References

60 Minutes. "Evidence of Innocence: The Case of Michael Morton." Retrieved online: https://www.youtube.com/watch?v=rcyYCJZ5JTI

This American Life. 414: Right to Remain Silent. Retrieved online: http://www.thisamericanlife.org/radio-archives/episode/414/transcript

"The Mignonette, 1884 (Queen v. Dudley)."

Schwartz, J. (2014). Evidence of Concealed Jailhouse Deal Raises Questions About a Texas Execution. The New York Times. Feb 27, 2014. Retrieved online: http://www.nytimes.com/2014/02/28/us/evidence-of-concealed-jailhouse-deal-raises-questions-about-a-texas-execution.html
Cite this Document:
Copy Bibliography Citation

Related Documents

Ethics-Criminal Justice System Details of the Source
Words: 893 Length: 3 Document Type: Term Paper

Ethics-CRIMINAL JUSTICE SYSTEM Details of the Source When does police mistake become murder? The Christian Science Monitor, Date of publication: 04-05-1999, Summary of Facts Racial profiling is probably the biggest concern of minorities groups in our country because it has been the cause of numerous injustices against them. Our law enforcement agencies appear to be ruthlessly biased in their exercise of duty as is clear from this article. The author shows that racial profiling has resulted

Criminal Justice System: Ethics in Criminal Procedure
Words: 958 Length: 3 Document Type: Essay

Criminal Justice System: Ethics in Criminal Procedure Ethics refers to the principles of morality that govern an individual's behavior. Ethics, therefore, provides the basis through which an individual defines, and distinguishes between the good and the bad. This implies that it is ethics that provides the framework for the duties and responsibilities an individual owes to himself, and to the community. Today, ethics define how corporations, professionals, and individuals relate with

Criminal Justice System Describe Criminal Justice System
Words: 695 Length: 2 Document Type: Essay

Criminal Justice System Describe criminal justice system a filtering process. What decides cases stay filtered? What type correctional client process produce? How process impact correctional system an individual institution's ability achieve goals?. Criminal justice system Criminal justice refers to a close examination of laws regarding criminal behavior and subsequent action that follows once found guilty. It involves the judiciary workforce, police, lawyers, members of the Supreme Court and advocates. The goal is to

Ethics in Justice System-How We
Words: 4207 Length: 12 Document Type: Research Paper

Research also showed that offenders tend to be part of or return to communities with high concentrations of offenders. The concentration of offenders in these neighborhoods affects the community negatively by increasing the stigma associated with the community and also saddling the community with additional problems without providing added resources needed for restoring or maintaining order. The ultimate consequence is the that the criminal justice system destabilizes informal networks

Criminal Justice System: Case Management
Words: 998 Length: 3 Document Type: Research Paper

Managers in Criminal Justice The objective of this study is to answer the question of why it is important to distinguish between community settings and correctional settings when providing services to clients. This work in writing will additional answer as to whether every correctional client require the assistance of a case manager and what special population is most likely to required the assistance of a case manager. Finally, this study

Australian Criminal Justice System Respond
Words: 3213 Length: 7 Document Type: Essay

Industries that face stiff competition may favor and encourage an aggressive approach from employees that produces rapid results, rather than thoughtful, strategic action. When the gains cannot be realized in the desired time frame, there is a temptation to implement short cuts; resulting in fraud." (Price; Norris, 2009) That however is not a justification, although it prompts some regulations on the way industries operate. The Law Catches Up Today the criminal

Sign Up for Unlimited Study Help

Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.

Get Started Now