Criminal Justice Ethics

20 terms by dgalic54

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Natural law

A body of unchanging moral principles regarded as a basis for all human contact
If we follow natural law we dont need criminal law

Positivist Law

Laws written and created by society for society

Criminal Law

A system of law concerned with the punishment of those who commit crimes

Nix vs. Whitehouse

Right to an attorney
Attorney resisted, he wouldn't let client commit perjury
Not in the realm of there duties

Just War Arguments

To uphold good of the community
Unjust injuries are inflicted on others
Protect state
Positivist law
Benefits outweigh negatives

Souryal Corruption Typology

Arbitrary use of power
Oppression and failure to demonstrate compassion/caring
Abusing authority for personal gain

Corruptions of Correction Officers

Accepting gratuities
Mistreatment/harassment
Mismanagement
Miscellaneous abuse

Prison Litigation Act 1996

Designed to unclog the court system
Overcrowding and poor treatment in prisons

Negative Retribution

One who is not guilty must not be punished for a crime

Retribution

A rationale for punishment that states that punishment is an end in itself and should be balanced to the harm caused to an individual
Punished because they deserve it

Mackie's Types of Retribution

Negative retribution dictates that one who is not guilty must not be punished for a crime
Positive retribution demands that one who is guilty ought to be punished
Permissive retribution allows that one who is quilty may be punished

Prosecutor Misconduct

Major lapses of ethical rules
Hiding evidence
Planting evidence

Renditions

CIA kidnapped individuals in those countries (Italy, Germany, Ireland) and subjected them to torture to discover what they knew about terrorist activities

Terrorism

The deliberate, negligent, or reckless use of force against non-combats by state or non-state actors for ideological ends and in absence of a substantively just legal process

Crime Control Approach

The law enforcement concept that uses means end or utilitarian thinking to determine good by the result

Torture

the deliberate infliction of violence, and through violence severe mental/physical suffering

Law Passed due to 9/11

Patriot Act

Patriot Act

This contraversial 2001 law allows anti-terrorism authorities to monitor e-mail and Internet traffic in order to prevent terrorist attacks. The government argues that cyberspace is public domain and that no warrants should be needed to access information.

Confidentiality Law for Defense Attorney

Must respect there clients privacy rights and cant not tell a third party what they have been told

Terrorists in Germany 1970s

Badder-Meinhof gang

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