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20 terms

Criminal Justice Ethics

STUDY
PLAY
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