Morals of Criminal Justice
Examine the moral requirements of criminal justice. In your analysis examine the issues of authority, power, and discretion. In addition, examine the role of individual behavior and how it reflects on institutional morality and how the code of conduct impacts individual behavior. Defend your answer with research.
In criminal justice, ethics and morals determine the standard of fairness by enabling professionals to; i) develop the reasoning abilities and analytical skills needed for the execution of their duties, ii) recognize the moral principles and ethical consequences of an action, iii) adequately make decisions involving due process, force, and discretion, iv) make adequate decisions regarding deterrence and rehabilitation, and v) effectively engage in criminal justice research (Williams & Arrigo, 2011). Criminal justice professionals face numerous moral dilemmas in the execution of discretion, power and authority.
Legislators have the discretionary power to criminalize behavior and have to use moral/ethical definitions as a basis for determining what is legal, and what is not. Police officers have considerable discretionary power to arrest and investigate individuals. They have moral grounds for deciding which individuals to target or investigate. Prosecutors and judges posses significant power to decide how to prosecute a case; ethics and morality comes into play in the determination of charges, the administration of the rules of evidence, and even in sentencing. All decisions have to be made on the basis of the values of fairness, benefits to societal obligations, and rights. Authority should never be used in the promotion of personal values or in the avoidance of accountability for wrong doing. Correctional officers have discretionary power over the lives of the prisoners under them. They have to recognize that the decisions they make affect the health and life of the people under them, and have, hence, to observe ethical standards in all their decision-making and correctional undertakings.
In an attempt to govern the behavior of members and ensure that they maintain integrity in the execution of their duties, institutions often develop codes of conduct describing their commitment to ethical practices and public accountability. These codes address professional and personal conduct, as well as correction-related ethics. They outline the moral principles behind members' obligations and duties, and are hence a fundamental reference tool when one is faced with an ethical dilemma.
An institutional code of conduct influences the behavior of individual members because it outlines the institution's policies, behaviors and mission, and guides the actions of individuals to be in line with these. Institutional morality begins with individual behavior because individual behavior "not only reflects the personal character of the acting agent, but also the character of the institution of which the individual is a part" (Williams & Arrigo, 2011, p. 16). People would normally regard an institution as 'immoral' or 'failed' based only on their interaction with a number of its members, and not necessarily the whole lot. To this end, it is the behavior of individual members that either makes or breaks an institution's reputation.
The criminal justice system's reputation with regard to morality is far from perfect. One...
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