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CHAPTER 1
Morality, Ethics, and HumanBehavior
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Why Study Ethics?
Ethical issues exist in all areas of criminal justice system(from passage of laws to punishment)
Learning how to determine the right thing to doiscritical
Criminal justice professionals have varying degrees ofdiscretion, authority, and power
Criminal justice professionals encounter a multitude of
situations in which they must make choices that affectpeoples lives
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discretion The power and authority to
make a choice between two or moreoptions.
Legislators:in making laws and determining punishment
Police:in enforcing laws
Attorneys and Judges:affecting justice process
Correctional Professionals:affecting offenders lives
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What do crim inal justice professionals
have in common?
power to make decisions
duty to enforce the law
obligation to provide due processandequal protectionfor all
commitment to public service
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The MostCorrupt
Members of
Congress,
2011
Allegations
19 members of congresswere corrupt
14 members violated the law
or engaged in seriousmisconduct
5 lack regarded for rules
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Ethical Demands on Public
Servants(Edwin Delattre) Wisdom
Good character Balanced perception
Integrity (habits of justice, temperance,
courage, compassion, honesty, fortitude, anddisdain for self-pity)
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SOURCE: Adapted from Josephson Institute of Ethics, Preservingthe Public Trust,available through www.josephsoninstitute.org
1. Public Service
Treating the office as a public trust
2. Objective Judgment
Free from conflict of interest3. Accountability
Open decision making
4. Democratic Leadership
Letter/spirit of the law
5. Respectability
Avoiding appearance of impropriety
Principles of Public Service Ethics
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Goals of the study of ethics-Braswell
Become aware of and open to ethical issues
Begin developing critical thinking skills
Become more personally responsible
Understand coercive element of the justicesystem
Develop wholesight (the ability to explore with
ones heart as well as one
s mind)
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Defining Terms
morals The judgment of behavior as right or wrong.
The term moralis often used as an adjective to describea personsactions.
ethics The study and analysis of what constitutes good orbad conduct.
The term ethics is often used as an adjective to refer tobehaviors relating to a profession(Example: Hippocratic
Oath for physicians).
* The two words are often used interchangeably.
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Why Are Certain Behaviors
Considered Criminal?
Public safety is usually the reason given
In other cases, morality is used for
determining which behaviors should be illegal(Examples: Drugs, gambling, prostitution,
and same-sex marriage)
How do legislators use their discretion tobalance the rights of ALL people?
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Same-Sex
Marriage
Example
Currently eight states allow
same-sex marriage How do legislators
determine what the right
thing to dois?
What do you think legislators
should do? Why?
Does your state permit
same-sex marriage?
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Defining Terms
meta-ethics Technical investigation of the meaning of ethicalterms, as well as how ethical statements can be verified.
normative ethics Definition of right conduct and moralduties.
applied ethics Application of ethical principles to specificissues or fields.
professional ethics Examination of the behavior of certainprofessional groups.
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Defining Terms
duties Moral obligations that one must carry out tobe considered ethical.
supererogatory An act that goes beyond duty andis not required to be considered good or moral.
imperfect duties General obligation with nospecific acts.
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SheriffLandon
T. Smith -
2009
Served as sheriff in Noble County,Ohio for 36 years
Convicted of a felony count of
unlawful interest in a public contract
and a misdemeanor count of conflictof interest (for nepotism and using
prisoners to perform labor at his
properties)
How did he fare in the local court ofpublic opinion ?
What ethical violations did he commit?
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values Criteria of desirability, worth, or
importance.
Honesty
Health
Family Financial success
Beauty
What else are values?
Are some more impo rtant than others?
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Example ofAgency
Values:
Core Values
of the OhioState
Highway
Patrol
Honesty
Sense of urgency Attention to detail
Team oriented
Professionalism Adaptability
Self-discipline
Performance driven
Officer Safety
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MichaelVick
2007
Convicted for conspiracy in aninterstate dog-fighting operation
70 dogs involved
Pled guilty and received 21
months in federal prison
After his release, signed by
Philadelphia Eagles
Was his behavior ethical?
Discuss different views
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Inventory ofEthical Issues
Individual or Other Employees
backstabbing and lack of support
gossip
sexual or racial harassment
lying to cover up blame
taking credit for otherswork sexual or racial harassment
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Organization and Employees
sexual or racial harassment by supervisors
discouraging honest criticism or feedback
arbitrary or unfair decisions
inadequate compensation
inadequate training
unrealistic or inappropriate demands
putting employees in unnecessary danger
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CassCounty
Judge
Accused of
SexualHarassment
- 2012
Judge is accused of creating an
uncomfortable work environment for a
female court employee.
Allegations unfolded after judge
expressed negative issues regarding
the victim's performance. The Supreme Court says it legally
could not charge the judge, as he is
an elected official and not an
employee.
What ethics did he violate?
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By the Individual and Organization
work ethic (days work for a days pay)
petty theft of supplies or cash
overtime abusegifts and gratuities
falsifying reports
misuse of sick dayspersonal use of supplies or equipment
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Morality and Behavior
Even when people know what is r ight ,
somet imes they choose to do w rongwhy?
Criminology (learning, role modeling, & biologicalpredisposition)
Psychology
Other fields seek to answer this question
Are people fundamentally good or fundamentallybad?
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ThinkingPoint
Omar Thornton of Connecticut
walked into his employer, Hartford
Distributors, for a hearingconcerning his possible
termination. During the meeting,
Thornton pulled out a pistol and
shot ten of his coworkers, killingeight, before turning the gun on
himself.
What caused Thornton to carry out
th is ho rr i f ic act?
Was he born intr ins ically bad?
Was he a good person that had a
tragic turn o f ci rcumstances that
forced him into a cr iminal act?
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Ethical Issues and Dilemmas
Decriminalization of softdrugs?
Sex-offender registries?
Death penalty?
Mandatory DNA testing?
Three-strikeslegislation?
Racial profiling?
Same-sex marriage?
Abortion?
Use drugs?
Turn in your brother as asex offender?
Vote for the death
penalty as a juror?
Lie to a friend?
Turn in your partner forusing excessive force?
Stop a black driver in anexpensive car?
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Steps for ClarifyingEthical Dilemmas
1. Review all the facts.
2. Identify relevant values and concepts of all
parties.
3. Identify all moral issues of each party.
4. Identify most immediate moral issue facing an
individual.
5. Resolve the dilemma by using an ethical systemor other means of decision making.
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UtahHighway
Patrol
Officer
Accused ofRacial
Profiling
Black grandmother and 2 teenagers
stopped for traffic violation
Driver refused to allow vehicle to be
searched
Officer called K-9 to conduct sniff
When driver asked why officer thought
they were transporting narcotics, he
pointed to his uniform insignias on his
shoulder and said, this makes me
think it
Was the officer acting ethically?
Was his response appropriate?
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Chapter Review
Discretion permeates every phase of the
criminal justice system
The study of ethics is critical for criminal
justice professionals The terms moralsand ethicsboth relate
to standards of behavior
It
s important to be able to identify andresolve ethical issues and dilemmas