moral issues in penology. moral issues in jurisprudence the bill of rights “no right is held more...

Moral Issues In PenologyMoral Issues In Penology

Moral Issues in Jurisprudence Moral Issues in Jurisprudence The Bill of RightsThe Bill of Rights

“No right is held more sacred, or is more carefully guarded, by the common law, than the right of the individual to the possession and control of his own person, free from all restraint or interference from others, unless by clear and unquestionable authority of law.”

Moral Issues in PenologyMoral Issues in Penology

“Every resolution to an ethical dilemma must consider the act, the intention, the circumstance, the principles, the beliefs, the outcomes, the virtues, the narrative, the community, and political structures.”

Robert Nash

Argument for discretion at all levels of the CJ system


Professional Demands• These demands are often the same but

occasionally differ from expectations for any decent human being.


Professional Demands• Public Official Ethics

• Perform duties impartially and with due diligence• Professional integrity reflects on public confidence in

the individual in particular and in the state generally



• Refrain from inappropriate political activity• It is expected that public officials not be influenced by a

political favoritism



• The obligation to act impartially imposes a duty to make decisions based on the law and the facts and not be influenced by any other factors.



• Avoid impropriety and its appearance• Personal affairs are considered relevant in in evaluating

integrity of public officials


Trust requires trustworthiness.– Public Officials– Doctors– Police– Judges, Prosecutors and Defense Attorneys– Students and Teachers


Consequentialist Theory: Utilitarianism– Utilitarians argue that:

1. Other moral considerations such as duty, rights and justice are subordinated to, and their content determined by, the principle of utility.

2. What is just is producing greatest utility. 3. As circumstances change, consequences change,

and so do our duties, rights and requirements of justice.


Implications of Utilitarianism• 1. Act Utilitarian

• Choose actions based on greatest balance of pleasure over pain

• 2. Rule Utilitarian• Acts are permissible if they are not prohibited by the

best set of rules.


Criticisms of Utilitarianism• 1. Act Utilitarian -- Injustice

• It is unjust to punish someone for something they did not do regardless of other beneficial consequences.

• 2. Rule Utilitarian -- Limited Exceptions• It does not distinguish between morally obligatory

acts and superogatory acts.


Communitarianism Theory Morality is defined by ideals that define and hold

groups together.


Implications of Communitarianism• 1. Groups establish their own norms.• 2. Morality becomes equivalent to group

endorsement.


Criticisms of Communitarianism• 1. Groups norms differ.• 2. Some group norms, such as racial or sexual

discrimination, are wrong.


Deontological Ethics Morality involves more than only producing good

consequences. Morally right actions are done because we have a duty to do them.


Implications of Deontological Ethics 1. Morality is not determined by the consequences

of an action. 2. Morality is determined by the test that the act

would be acceptable in determining universal law. 3. Actions that do not treat others with respect, but

rather uses them as a means to an end, are wrong.


Criticisms of Deontological Ethics 1. It is complex and abstract. 2. It does not resolve what is agreed to as

acceptable to all people.


Virtue Ethics• Morality is determined by individual goodness

rather than goodness of rules or goals.


Implications of Virtue Ethics• Right actions are determined only on the basis

of their being “right.”


Criticisms of Virtue Ethics• 1. It is simplistic and complex at the same

time.• 2. It does not provide much help in deciding

between moral dilemmas.


Contractarianism• People agree to social contracts. • This is also a basis for examining morality.


Implications of Contractarianism• 1. Contract determine obligations.• 2. The obligations are binding when parties to

the contract fulfill their obligations.• 3. Does not allow sacrifice of the few for the

good of the many.• 4. Emphasizes concrete benefits


Criticisms of Contractarianism• 1. Implied contracts exist as a result of

membership in the state.• 2. Majority rules in most instances.• 3. Some individual freedoms are sacrificed.

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moral issues in penology. moral issues in jurisprudence the bill of rights “no right is held more...

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