Criminal Justice Ethics
The ethical issues in this case are not serious in the sense of corruption or bribery, but clearly there is a problem here because the older officer is friends with the driver of the car that went through a red light. First of all, no matter that the veteran officer has a first-name relationship with the driver, a traffic violation has taken place and legally (unless there are extraordinary circumstances that led to the violation) there are penalties that must be carried out. Ethically, the young policeman is within his authority to issue the ticket and if the veteran cop instructs the young officer to let the driver off, it is a serious breach of police ethics; moreover, it is a bad example to set for the young officer. Police are trained to recognize an ethical problem and they are trained to make "a rational and ethically sound…...
mlaWorks Cited
Findlaw. (2010). Police Misconduct and Civil Rights. Retrieved November 21, 2012, from http://civilrights.findlaw.com .
Gleason, Tag. (2009). Ethics Training for Police. The Police Chief. Retrieved November 21,
2012, from http://www.policechiefmagazine.org .
Criminal Justice Ethics
In the U.S. legal system, magistrates have been given tremendous amounts of power. This is because they play a central role in reducing the workloads for the courts. In a number of cases, they can work on special assignments for them. These are individuals who are appointed to perform a specific function (such as: supervising discovery and pretrial proceedings). The different powers can place someone in a position where they can abuse their authority. ("Code of Conduct," 2012)
In the case that is being examined, the magistrate has engaged in questionable behavior. To fully understand what is happening there will be a focus on if these activities are considered to be unethical and if they should be disciplined. Together, these different elements will show how these activities are considered to be unethical.
Which, if any, of these activities would be considered unethical? Why?
There are a number of actions that are…...
mlaReferences
Arizona v. Washington. (2012). U.S. Supreme Court Center. Retrieved from: http://supreme.justia.com/cases/federal/us/434/497/case.html
Code of Conduct. (2012). U.S. Courts. Retrieved from: http://www.uscourts.gov/RulesAndPolicies/CodesOfConduct/CodeConductUnitedStatesJudges.aspx
Rule 59. (2012). Cornell School of Law. Retrieved from: http://www.law.cornell.edu/rules/frcrmp/rule_59
Criminal Justice Ethics
You are to discuss the possible ethical considerations of plea agreements. Your insights into plea-bargaining should be framed in the larger context of prosecutorial discretion.
Over the last several decades, plea bargaining has become an effective way for prosecutors to reduce their case loads. At the same time, this is helping to provide justice to the victims by punishing the perpetrators. While limiting the sentences criminals are facing from: a lengthy trial and judges who could hand down the maximum verdict. As a result, there have been increased calls for giving prosecutors greater amounts of authority in determining plea agreements. (Banks, 2012) (Keinig, 2008)
This has raised a number of concerns about possible ethical challenges that should be taken into consideration. As there are a host of potential issues which are having an adverse effect on the criminal justice system. The most notable include: the prosecution of innocent people and…...
mlaReferences
Banks, C. (2012). Criminal justice ethics: Theory and practice. Thousand Oaks, CA: Sage.
Kleinig, J. (2008). Ethics and criminal justice: An introduction. Cambridge, UK: Cambridge University Press
Criminal Justice Ethics
The similarities in the ethical standards between criminal justice personnel and civilian employment in a broader sense are very much the same. It seems that ethical standards are basic skills that are needed for employment. Having a strong ethical characters means that as a worker, the individual will not cheat, steal or take advantage of the company that they are working for. Having strong ethical character also means that an individual is treating another with respect. In order to be successful in both civilian and criminal justice environments, it is absolutely imperative that a strong ethical character is fostered and developed as without it then it will be difficult to thrive in a workplace environment. Furthermore, a sense of ethics and morality is absolutely essential in a workplace where individuals are entrusting certain things to one another and trust that each individual part in the whole is not…...
Of course, other significant capacities and abilities, including emotion directive skills and compassion toward oneself and other people are also essential to conquer routine patterns developed to handle with unwanted experiences and emotions (Hopper, 2011).
Being aware of one's surroundings not only physical but emotional as well can help a person to live a very healthy life. It is important in one's personal life to be mindful of their physical surroundings so that they can protect themselves from harm. If one just goes around unaware of what is going on around them they will for sure end up in a situation that is not where they want to be. It is also important to be mindful of one's emotional surroundings so that one does not become out of touch with reality and thus find themselves in situations that they don't belong.
In one's professional life it is also important to be…...
mlaReferences
Hopper, Jim. (2011). Mindfulness and Kindness Inner Sources of Freedom and Happiness.
Retrieved from http://www.jimhopper.com/mindfulness/#whatis
What is the privatization of probation and parole services? (2010). Retrieved from http://methdrugaddiction.com/101539/what-is-the-privatization-of-probation-and-parole-services/
It could be argued that because of his character, Serpico cannot do anything but expose corruption. All of his life Serpico wanted to become a police officer for noble reasons. It because of his ethics and his humanity off the job (he loves dancing and dogs) officers like Green do not understand him. The job scars Serpico, and embitters him, supporting a deontological view of the world that suggests without ethics the souls of those who uphold the laws become too damaged to really do an effective job. The corrupt officers like Green do not care even when a suspected cop killer may go free, what they care about is getting extra money, and as much as possible. The rationalization of utilitarianism ultimately results in 'looking out for number one' rather than the 'greatest good' for the 'greatest number. The question arises as to what 'greatest good' and 'greatest number'…...
mlaWorks Cited
Serpico. Directed by Sidney Lumet 1973.
For example, the Miranda decision of 1966 clarified the specific interrogation and arrest guidelines used by officers but even the reading of Miranda rights can be a manipulative function. Confessions must be reliable and fair. Trickery and deceit are commonplace in the interrogation procedure, for the officer of the law continually straddles the line between ethics and the necessity of capturing criminals.
Joycelyn Pollock describes police ethics in terms of four basic categories in Chapter 6: "Ethical Dilemmas in Police Work." The issues addressed in the literature, such as corruption, brutality, and bribery, are not necessarily encountered by police officers on a daily basis. In fact, many officers note that drinking, sleeping, and having sex on the job are more common ethical offenses than bribery (90). Pollock notes that officers generally view five main elements that comprise the "good" police officer: legality, service, honesty/integrity, loyalty, and ascription to the Golden…...
mlaSimilarly, Jerome H. Skolnick and Richard a. Leo describe the legal and moral gray areas of police work in Chapter Five: "The Ethics of Deceptive Interrogation." Whereas the use of physical force was tolerated in the past, nowadays, psychological coercion is more the norm. Psychological coercion raises a host of complex issues that use of physical force does not. The legal system has attempted and continues to try to differentiate between what should and should not be acceptable police practices, but the law remains deliberately vague. For example, the Miranda decision of 1966 clarified the specific interrogation and arrest guidelines used by officers but even the reading of Miranda rights can be a manipulative function. Confessions must be reliable and fair. Trickery and deceit are commonplace in the interrogation procedure, for the officer of the law continually straddles the line between ethics and the necessity of capturing criminals.
Joycelyn Pollock describes police ethics in terms of four basic categories in Chapter 6: "Ethical Dilemmas in Police Work." The issues addressed in the literature, such as corruption, brutality, and bribery, are not necessarily encountered by police officers on a daily basis. In fact, many officers note that drinking, sleeping, and having sex on the job are more common ethical offenses than bribery (90). Pollock notes that officers generally view five main elements that comprise the "good" police officer: legality, service, honesty/integrity, loyalty, and ascription to the Golden Rule. These five elements can be grouped into four main ethical categories: those involving discretion and the law; those involving duty and service; those involving honesty; and those involving loyalty. Of these, the conflict between loyalty and whistleblowing and the use of discretion in difficult situations are the most significant and widespread ethical issues experienced by officers of the law.
Victor E. Kappeler also investigates the complexities of police ethics in Chapter Seven, entitled "Police Ethics, Legal Proselytism, and the Social Order: Paving the Path to Misconduct." The author states that the path to unethical conduct "begins with a way of thinking," (111). Many individuals fall into the trap of black-and-white morals, which can be morally and ethically blinding. Officers of the law contend with a series of ethical conundrums, such as the fact that many behaviors that are permitted legally are actually unethical, such as the use of manipulation. Such behaviors are not only acceptable as a part of the job, but are even expected of the officer. Police officers can therefore get away with more borderline or overtly unethical behavior without suffering personal or social consequences. Furthermore, officers of the law can develop elaborate means of self-justification, including denial of responsibility, denial of injury, denial of the victim, condemning the condemners, and especially, appeals to higher loyalties. Finally, Kappeler asserts that police ethics are a collective responsibility.
The most disputed issue in this case had to do with a trust that was created with the transfer of the Biochem stock from Duboc to Bailey. The Bar contended that the plea agreement with the U.S.
Government afforded that Bailey was to hold the stock in trust for the profit of the U.S. Government. Bailey would utilize the stock to uphold and liquidate Duboc's properties. After this was taken care of, the stock or its substitute resources would be handed over to the United States in order to take full advantage of any advantage to Bailey's client for his cooperation. Bailey would have been okay if this is what he had truly done, but it wasn't. Instead he transferred the money into his own personal account and used it to pay business and personal expenses.
Florida Bar rule 4-1.15 says that "a lawyer shall hold in trust, separate from the…...
mlaReferences
Criminal Justice Section Standards. (n.d.). Retrieved from http://www.americanbar.org/publications/criminal_justice_section_archive/crimjust_standards_dfunc_blkold.html
The Florida Bar v. F. Lee Bailey. (2001). Retrieved from http://www.google.com/url?sa=t&source=web&cd=1&ved=0CBUQFjAA&url=http%3A
%2F%2Fnews.findlaw.com%2Fhdocs%2Fdocs%2Fbailey%2Fflbailey112101.pdf&rct=j &q=Florida%20Bar%20v.%20F.%20Lee%20Bailey&ei=0uomTsaoIIru0gG5l_y-
Cg&usg=AFQjCNEPO0ar1CivH7wcfevfjn72F2qTFA&sig2=_T5n4Tvwbj6E-
Ethics issues in Criminal JusticeIntroductionThe philosophy on which the American criminal justice system is based is evolving regarding criminal behavior, rehabilitation, and justice. This philosophy is based on ethical principles that dictate justice and shape the system in general (Banks, 2018). This essay presents a discussion on ethical issues in criminal justice by closely analyzing gender-related officer-inmate issues, reciprocity and its effects, correctional officer subculture and officer behavior, restorative justice processes (e.g., sentencing circles) and parties affected, issues surrounding "expert" testimony, and arguments for and against capital punishment.1. Analyzing gender-related officer-inmate issuesLike every other department in the country, sexual misconduct is an ethical problem faced by the criminal justice system. In gender-related issues that involve an inmate and an officer, ethics require that there should be a strong internal investigative body that is independent of the superintendent or the warden (De Amicis, 2005). However, to ensure cases of sexual misconduct…...
mlaReferences
Banks, C. (2018). Criminal justice ethics: Theory and practice. Sage Publications.
Callender, J. S. (2020). Justice, Reciprocity, and the Internalisation of Punishment in Victims of Crime. Neuroethics, 13(1), 43-54.
De Amicis, A. (2005). An ethical dilemma in corrections. American Jails, 19(5), 82.
Jones, J. R., Ed, M., & Carlson, D. P. (2001). Reputable conduct: Ethical issues in policing and corrections. Prentice-Hall.
Police Ethics
Organizational culture is a system of standards of perceiving, believing, evaluating, or acting that relate human communities to their environment settings (Organizational Culture). It can impact personal decisions in positive or negative ways. For example, if the organizational culture is one of fear if an employee does not comply, the employee is prone to decide to do whatever it takes to keep the job. If the organizational culture is one of honesty and openness, the employee is prone to evaluate for what is the right thing to do.
The dilemma the officer is faced with is the fact that this is high superior. With the actions of the lieutenant instructing the officer to falsify the report, it is obvious the organizational culture was one where you follow instructions and keep your mouth shut. The situation is unethical in the respects the officer is instructed to follow a false scheme instead…...
mlaBibliography
LaMance, K. (n.d.). Federal Laws for Whistleblowers. Retrieved from Legal Match: http://www.legalmatch.com/law-library/article/federal-law-for-whistleblowers.html
Organizational Culture. (n.d.). Retrieved from National Defense University: http://www.au.af.mil/au/awc/awcgate/ndu/strat-Idr-dm/pt4ch16.html
CongressionalOversightandDOJEthicsPartI:CongressandtheExecutivebranch1.WhatpowersdoesCongresshaveoveragenciesintheexecutivebranch?Wherecanonefindtheseauthorizedpowers?TheU.S.Constitutiondoesnotestablishexecutiveagenciesnorprovidesguidelinesforhowtheycanbecreated.TheU.S.SupremeCourthasheldthatCongresshasimpliedauthoritytoestablishandmanageexecutiveagencies.ThemostfeltandoftenpracticespowertheCongresshasoveradministrativeagenciesisanoversight.CongressionaloversightbytheU.S.Congressoveradministrativeagenciesandtheadministrativebranch,ingeneral,includesthemonitoring,review,andsupervisionoftheseagencies(Garvey&Sheffner,2018).Congressionaloversightislargelyexercisedthroughthecongressionalcommitteesystemthroughlegislativehearings.OversightcanalsobethroughvariousactivitiesandcontextsundertakenbyCongress,includingappropriations,authorization,investigation,andstudiesandreviewsdonebycongressionalstaffandsupportagencies.ThepowerstooversightexecutiveagenciesarederivedfromitsimpliedpowersfromtheU.S.Constitution,theHouseandSenateRules,andpubliclaws.Inparticular,theCongressmayutilizeArticleIlawmakingpower(Garvey&Sheffner,2018)toestablishexecutiveagenciesandspecificofficeswithinthoseagencies,designthebasicstructuresandoperationsofthoseagencies,andassignhowholdersofthoseofficesareappointedandremovedinlinewithspecificconstitutionallimitations(Feinstein,2017).2.IfCongressfeelsthatanexecutivebranchfederalagencyhasfailedtocomplywithpolicies,procedures,andstandards,whatcantheydoaboutthissituation?OnceCongresshasconcernsabouttheoperationsofanyexecutiveagency,therearevariouswaystogoaboutconductingoversight.InthecaseCongresshasconcernsthatanexecutiveagency,e.g.,theleadershipoftheFederalDepartmentofJustice,haspossiblyengagedininappropriatecommunicationswithaforeignpowerinviolationofdepartmentalpolicy,theinitialstepistodeterminethreecrucialquestions;whichissueswarrantoversight,howtogetthedesiredinformation,andwhatistobedonewiththeacquiredinformation(CongressionalResearchService,2021).Theprocessofdeterminingthesethreequestionswouldinvolvetherelevantcongressionalcommittee;inthiscase,theissuesfallunderboththeJudiciarycommitteeaswellastheforeignaffairscommittee;thus,itissuggestedthatthehearingcommitteewouldbemadeupofacombinationofthetwostandingcommittees(Oleszeketal.,2016).Theroleofthecommitteewouldbeinvestigative.ThecommitteewouldhearfromtheleadershipoftheDOJthroughthevarioustoolsatthedisposalofthecommittee,includingdepositionandsubpoena.Theinformationgatheredwouldsubsequentlybeusedtodeterminethepolicyinfringementsandtherelevantpunitivemeasurestoundertake,includingcensureorimpeachmentoftheDOJleadership(Oleszeketal.,2016).PartII:Simulation:EthicsintheDOJ1.ReadthroughtheEthicsHandbookforOnandOffDutyConductfromtheDOJandtheDOJEthicsScenario,locatedintheResources.AsanemployeeoftheDOJ,areyouabletoacceptanygiftsorcompensationforanyservicesrenderedtovariousindividualsorgroups?Explain.AsanemployeeoftheDOJ,thegeneralprincipleisnottoacceptanygift(s)resultingfromtheemployeesprofessionalservicesrenderedtothesource,variousindividuals,orgroupsunlesspriorapprovalforsuchgiftorcompensationhasbeenreceived.AccordingtotheEthicsHandbookforOnandOffDutyConductfortheDOJ(2016),noemployeeisallowedtosolicitoracceptagiftgivenbasedontheemployeespositionorfromasourceprohibited.Prohibitedsourcesarethosethat;seekofficialactionorbusinesswiththeDOJ,andthus,thegiftamountstoabride,areregulatedbythedepartment,wouldpresentaconflictofinterest,andanorganizationmadeupofpersonsdescribedabove.However,anemployeecanacceptagiftifitisclearitisbasedonapersonalrelationship.Themotivationistoofficialposition,thegiftvalueperoccasionislessthan$20,andgiftsfromthesourcedonotexceed$50peryear,ifthegiftisofferedtoabroadclassofgovernmentemployees,andifthegiftisagenuineawardorhonorarydegreebasedonpublicserviceandpriorapprovalhasbeengiven.Basedonthisunderstandingandthecasepresented,itwouldbeethicaltoacceptthefreeentrytotheeveningsdanceperformanceandthe$150honorarium(assumingthatthishadpriorapprovalandbecauseitdoesntexceed$350).2.WhydoyouthinktheDOJhasimplementedsuchpolicies?Arethosepoliciesinkeepingwiththepolicies,procedures,andstandardsthatwereauthorizedbytheenablinglegislationofCongress?Explain.(comp.3.2)TheDOJpoliciesongiftshavebeenimplemented,withtheprimaryobjectivebeingtoavoidanypotentialconflictsofinterest.ThepolicieshelpDOJemployeestoavoidsituationswheretheirofficialactionsandserviceswouldaffectorappeartoaffecttheirprivateinterests,non-financialorfinancial.ThepoliciesalsohelptodoawaywithpotentialbriberyforservicesofferedbytheDOJandthuspromotetheimpartialitystandard(DOJ,2016).Thepoliciesonacceptinggiftsaremoreofanethicsissue,andfortheU.S.government,ethicsarespecificdepartments.TheU.S.CongressalsohasitsspecificpoliciesonacceptanceofgiftsforMembersoftheCongressascontainedinthe…...
mlaReferences“About,” FBI, (2021). Retrieved from FBI, (2021). Retrieved from https://www.fbi.gov/services/training-academy Banks, C. (2020). Chapter 17: Criminal Justice Ethics (5th ed.). Thousand Oaks, CA: Sage Publishing, ISBN- 13: 9781544353593Congressional Research Service, (2021, Mar. 31). Congressional Oversight Manual. CRSreports.congress.gov. retrieved from https://fas.org/sgp/crs/misc/RL30240.pdf Department of Justice, (2016). Ethics Handbook for On and Off-Duty Conduct. The Departmental Ethics Office.Feinstein, B. D. (2017). Designing Executive Agencies for Congressional Influence. Admin. L. Rev., 69, 259.Garvey, T. & Sheffner, D.J. (2018. Dec. 19). Congress’s Authority to Influence and Control Executive Branch Agencies. EveryCRSReport. Retrieved from https://www.everycrsreport.com/reports/R45442.html GovTrack.us. (2021). S. 1935 — 103rd Congress: Congressional Gifts Reform Act. Retrieved from https://www.govtrack.us/congress/bills/103/s1935 Oleszek, W. J., Oleszek, M. J., Rybicki, E., & Heniff Jr, B. (2016). Congressional procedures and the policy process, 10th edition. CQ press.
https://www.fbi.gov/about/faqs/what-is-the-fbi-doing-to-improve-its-interaction-with-other-federal-law-enforcement-agencies “Services,”
Criminal justice is about the laws which are related to criminal behaviour. Criminal justice includes the area where judiciary is involved for e.g., police and lawyers. Lawyers are directly associated with the crime because they can defend or prosecute the criminals. As a professional field of study criminal justice involves studying the behaviour. The aim of the study is to gain knowledge and awareness of rules, laws and rights of victims and suspect both.
In Criminal Justice ethics, diversity and conflict plays a major role. As a student of Criminal Justice I have learned that ethics is important in making moral judgments which demonstrates clearly that what is right and what is wrong. An ethical framework of justice is required to make fair decisions. When we talk about ethics in criminal justice here, we are suppose to forget about the emotions, personal values and instincts that can create or raise questions…...
mlaREFERENCES:
SagePub, (2011), The Importance of Ethics in Criminal Justice, accessed on June 23, 2011, from: http://www.sagepub.com/upm-data/4031_Banks_Chapter_1_Proof.pdf
Hazen, A., (2009), Cultural Diversity in Criminal Justice Paper, accessed on June 23, 2011, from: http://www.scribd.com/doc/16052470/Cultural-Diversity-in-Criminal-Justice-Paper-CJA423-WK4
Skolnock .J., (2004), Conflict Model, accessed on June 23, 2011, from: http://neohumanism.org/c/co/conflict_model__criminal_justice_.html
Forbes. H., (2005), Crash, Catholic News service, accessed on June 23, 2011, from: http://www.catholicnews.com/data/movies/05mv542.htm
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 in prosecution and death of many innocent immigrants. The article argues that when death results from irresponsible actions of the police, it should be counted as murder because it violates basic civil rights provided by the constitution to every citizen regardless of color or creed. However it has been noticed that our police would open fire on any immigrant who appears to be a threat. The author asks: "Should the police officer be tried for murder?" when it is clear…...
Use of technology would promote public knowledge about the spread of confirmed criminal activity or patterns of behavior that might place people at risk, whether that risk involved theft, credit card scams or other behaviors (Farber, 2006).
Participation in shared networking technological programs would be required of private businesses, community agencies and policing authorities to ensure a true community policing structure is established. Communities would work to create neighborhood watch groups in response to "non-sensitive" security data that would help them better protect their community and collaborate with law enforcement agencies (Farber, 2006, p. 110).
Before a hearing is set, a judiciary authority should be appointed along with a trained criminal justice psychologist to determine what factors contributed to the criminal activity, the severity of criminal activity and whether prosecution is warranted, or whether rehabilitative measures would prove more helpful in the long-term. A meeting should be established where the offender…...
mlaReferences
American Law and Legal Information. (n.d.). Criminal justice system, structural and theoretical components of criminal justice systems, the systems of operation, the importance of viewing criminal justice as a system. American Law and Legal Information. Crime and Justice Volume 1. Accessed 22, May, 2007:
http://law.jrank.org/pages/858/Criminal-Justice-System.html
Bouza, a.V. (1990). The police mystique: An insider's look at cops, crime, and the criminal justice system. Cambridge: Perseus Books.
Farber, O. (2006, Jun). Positive SPIN on liaisons: Find out how the security police information network (SPIN) promotes public-private information sharing. Security Management, 50(6): 110.
Leadership and Ethical Practice in Criminal Justice Agencies
According to Wright (1999), leadership is an essential part of a criminal justice agency, and the key to that leadership is ethics. Without proper ethical standards on a personal level, an individual would not be a good choice for criminal justice. When that person is put into a leadership role, he or she then has to focus on not only personal ethical standards, but standards of ethics that are fitting to the entire department or agency. These standards may not be identical to what would be seen personally, but they must be adhered to regardless. Additionally, when a person is focused on being an ethical leader, he or she holds others to that same ethical standard, and that can keep employees on the right path in any organization. This is especially vital for criminal justice agencies, because they are expected to be highly…...
mlaReferences
Bottoms, A. & Tankebe, J. (2012). Beyond procedural justice: A dialogic approach to legitimacy in criminal justice. Journal of Criminal Law and Criminology, 102(1): 119-170.
Wright, K.N. (1999). Leadership is the key to ethical practice in criminal justice agencies. Criminal Justice Ethics, 18(2): 2-69.
1. Vigilantism is a justifiable means of enforcing justice when the legal system has failed to protect citizens from harm or provide adequate punishment for criminals.
2. Vigilantism is never justifiable, as it undermines the rule of law and the principles of a just society.
3. While vigilantism can sometimes provide a sense of justice to victims of crime, it ultimately does more harm than good by creating a cycle of violence and retribution.
4. Vigilantism is particularly dangerous in societies where the legal system is weak or corrupt, as it can lead to innocent people being targeted and punished unjustly.
5. The potential....
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