Why study Ethics?
According to Felkenes, there are two main reasons for Criminal Justice professionals to study Ethics. 1) the profession normally includes a set of ethical requirements as part of its meaning. 2) it helps to develop analytical skills and reasoning abilities.
What are the 5 goals of studying Ethics?
1) become aware of and open to ethical issues.
2) begin developing critical thinking skills.
3) become more personally responsible.
4) understand how the criminal justice system is engaged in a process of coercion.
5) develop wholesight ( the ability to explore issues with one's heart and mind)
Not all decisions will be judged under ethical standards, decisions that can be judged by ethical standards share four elements, what are they?
(1)acts that are (2)human and (3)of free will (4)that affect others.
What are meta-ethics?
The discipline of investigating the meaning of ethical terms, including a critical study of how ethical statements can be verified. (relative or universal)
What are Applied ethics?
The study of what is right and wrong pertaining to a specific profession or subject. (specific)
What are Professional ethics?
Applied principles of right and wrong relevant to specific occupations or professions. (professions)
What are Values?
Judgments of desirability, worth, or importance. Honesty, family, health, friendship, religion.
What are the elements of the Ethical System?
The Ethical System is a structured set of principals that defines what is moral. The elements are: First, they are the source of moral beliefs. Second, they are the underlying premises from which you make judgments. Third, they are beyond argument.
What is the deontological ethical system?
The study of duty or moral obligation emphasizing the intent of the actor as the element of morality. (intend)
What is teleological ethical system?
An ethical system that is concerned with the consequences or ends of an action to determine goodness. (happened)
What is the natural law?
The idea that principles of morals and rights are inherent in nature and not human-made; such laws are discovered by reason but exist apart from humankind.
What are the major world religions and their ethical systems?
Islam-Based on the Qu'ran, taken much more literally as the world of Allah than the Bible is taken by most Christians.
Buddhism-Attained enlightenment and preached to others how to do the same and achieve release from suffering.
Confucianism-Humanistic social philosophy. Human virtue and humanity is at its best.
Hinduism- Karma, what goes around comes around.
Christianity-10 commandments. Right versus wrong. Good versus evil.
What are situational ethics?
The philosophical position that although there are a few universal truths, different situations call for different responses; therefore, some actions can be right or wrong depending on situational factors.
What is moral pluralism?
The concept that there are fundamental truths that may dictate different definitions of what is moral in different situations.
What is peacemaking justice?
An ancient approach to justice that includes the concepts of compassion and care, connectedness and mindfulness.
What is cultural relativism?
The idea that values and behaviors differ from culture to culture and are functional in the culture that holds them.
What is the ethics of virtue?
The ethical system that bases ethics largely upon character and possession of virtues.
What is the principle of the golden mean?
Aristotle's concept of moderation, in which one should not err toward excess or deficiency; this principle is associated with the ethics of virtue.
What is justice?
The quality of being impartial, fair, and just; from the Latin "jus" concerning rules or law.
What is distributive justice?
The idea that economic goods, opportunity for development, and recognition are unequal and therefore need to be placed in two valid claims to possession are need and desert.
What are the various theories that underline distributive justice?
Egalitarian Theories-start with the basic premise of equality or equal shares for all.
Marxist Theories-place need above desert or entitlement.
Libertarian Theories-promote freedom from interference by government in social and economic spheres; therefore, merit, entitlement, and productive contributions are given weight over need or equal share.
Utilitarian Theories-attempt to maximize benefits for individuals and society with a mixed emphasis on entitlements and needs.
What is retributive justice?
The component of justice that concerns the determination and methods of punishment.
What is utilitarian justice?
The type of justice that looks to the greatest good for all as the end.
What is due process?
Constitutionally mandated procedural steps designed to eliminate error in any government deprivation of protected life, liberty, or prosperity. Procedural protection includes the following: 1) notice of charges. 2) neutral hearing body. 3) Right of cross examination. 4) Right to present evidence. 5) Representation by counsel. 6) Statement of findings. 7) Appeal.
What are immoral laws?
Laws that: 1) degrade humans. 2) Discriminate against certain groups. 3) enacted by unrepresentative authorities. 4) Unjustly applied.
What is Civil Disobedience?
The natural and just answer to an immoral law. Shows protest in a nonviolent manner. EX: sit ins, strike, protest, marches.
What is restorative justice?
An approach to corrective justice that focuses on meeting the needs of all concerned.
What is procedural justice?
The component of justice that concerns the steps taken to reach a determination of guilt, punishment, or other conclusion of law.
What is substantive justice?
Concerns "just deserts", the appropriate punishment for the appropriate crimes.
What is the veil of ignorance?
Rawls's idea that people will develop fair principles of distribution only if they are ignorant of their position in society, so in order to get objective judgements, the decision makers must not know how the decision would affect him or her.
What is sanctuary?
Ancient right based on church powers; allowed a person respite from punishment as long as he or she was within the confines of church grounds.
What is "lex salica"?
A form of justice that allows compensation; the harm can be repaired by payment or atonement.
What is "lex talionis"?
A vengeance-oriented justice concerned with equal retaliation. An eye for an eye.
What is the difference between a gift and a gratuity?
Gift's are given without implication or expectations. Gratuity's are given with expectations behind them or out of entitlements.
What can be done to reduce corruption?
ethical code, ethical leadership, goals and objectives, whistleblowing.
What is a graft?
Any exploitation of ones role, such as accepting bribes, protection money, or kick backs.
What is the internal affairs model?
A review procedure in which police investigators receive and investigate complaints and resolve the investigation internally.
What are three major theories of moral development?
biological factors, learning theory, and Kohlberg's moral stage theory.
What is learning theory?
Learning theorists believe that children learn what they are taught, including morals and values as well as behavior.
What is Kohlberg's moral theory?
The view that moral development is hierarchical; each higher developmental stage is described as moving away from pure egoism toward altruism.
What are the stages of Kohlberg's moral theory?
Stage 1: Punishment and obedience orientation.
Stage 2: Instrument-and-relativity orientation.
Stage 3: Interpersonal concordance orientation.
Stage 4: Law-and-order orientation.
Stage 5: Social contract orientation.
Stage 6: Universal ethnical principle.
Stage 7: "Soft" stage of ethical awareness (cosmic or religious thinking).
What is the definition of cognitive dissonance?
Psychological term referring to the discomfort that is created when behavior and attitude or belief are inconsistent.
What is the definition of Modeling?
Learning theory concept that people learn behaviors, values, and attitudes through relationships; they identify with another person and want to be like that person and pattern themselves after the model.
What is the definition of whistleblowers?
Individuals, usually employees, who find it impossible to live with knowledge of corruption or illegality within a government or organization and expose it, usually creating a scandal.
What four elements does Klockars describe as being parts of police control?
Authority, Power, Persuasion and Force.
What are the classic policing typologies?
Wilson's Typology (1976)
Muir's typology (1977)
Brown's typology (1981)
Does law enforcement have a code of ethics and what is it?
Yes. There code of ethics is IACP Oath of Honor.
What is the blue curtain of secrecy?
Another name for the code of silence or the practice of police officers to remain silent when fellow officers commit unethical actions.
What is the definition of social contract?
The concept developed by Hobbes, Rousseau, and Locke in which the state of nature is a "war of all against all" and, thus, individuals give up their liberty to aggress against others in return for safety. The contract is between society, which promises protection and the individual, who promises to abide by laws.
What is the definition of public servants?
Professionals who are paid by the public and whose jobs entail pursuing the public good.
What is the definition of Code of Silence?
The practice of officers to not come forward when they are aware of the ethical transgressions of other officers.
What is the definition of Zero-tolerance policy?
The law enforcement approach whereby small violations and ordinances are enforced to the maximum with the expectation that this will reduce more serious crime.
What is racial profiling?
Occurs when a police officer uses a "profile" as reasonable suspicion to stop a driver (although it can also be used to refer to stops of pedestrians), primarily to request a consent search of the automobile.
What does the law say about racial profiling? Is it allowed as the primary reason for an officer to stop someone?
In cases such as United States v. Martinez-Fuerte, the U.S Supreme Court has basically legitimated the use of race as a criterion in profiles.
The law allows the use of race as one element in the decision to stop, but does not allow it to be used as a sole element in the decision to stop or for profiling purposes.
Is racial profiling an effective investigative tool, why or why not?
Harris (2004) proposes that the idea when officers use race in decision making, they become less effective, not more effective, because they do not concentrate on what is important for investigation behavior, not demographics.
What are proactive investigations?
Police officers initiate investigations rather than simply respond to crimes.
What kinds of lies are used in police investigations. Know the types and whether they are legal or not.
Accepted lies: are those used during undercover investigations, sting operations, and so on.
Tolerated lies: Those are "necessary evils" such as lying about selective enforcement. Police may routinely profess to enforce certain laws (such as prostitution) while, in reality, they use a selective manner of enforcement.
Deviant lies: Used in the courtroom to make a case or to cover up wrong doing.
What force can officers use in apprehending suspects?
Officers have the right to tackle a fleeing suspect or hit back when they are defending themselves.
What is excessive force?
Police have an uncontested right to use force when necessary to apprehend and/ or subdue a suspect of crime. When their use of force exceeds that which is necessary to accomplish their lawful purpose, or when their purpose is not lawful apprehension or self-defense, but rather, personal retaliation or coercion, it is defined as excessive force and is unethical and illegal.
What is entrapment (two standards for entrapment)?
When an otherwise innocent person commits an illegal act because of police encouragement or enticement.
Objective approach: Examines the governments participation and whether it has exceeded accepted legal standards.
Subjective approach: Looks at the defendants background, character, and predisposition toward crime.
What are informants?
Civilians who are used to obtain information about criminal activity and/ or participate in it so evidence can be obtained for an arrest.