ethics and the criminal justice system

what are the justifications for punishment and treatment?

retribution and prevention

what are the 4 categories of police corruption?

scale and organization, predatory forms, subversion of justice, and gifts and discounts. The most common forms of corruption were making false reports and committing perjury, (most common) protecting illegal gambling, theft of drugs on the street, theft of seized property, receiving discounts on purchases, and selling information about police operations.

amendment regarding cruel and unusual punishment

8th amendment

what questions are important to criminal justice professionals (Close and Meier)?

1. Does the action violate another person's constitutional rights, including the right of due process? 2. Does the action involve treating another person only as a means to an end? 3. Is the action illegal? 4. Do you predict that your action will produce more bad than good for all persons affected?

what are the propositions of restorative justice?

1. Justice requires restoring victims, offenders, and communities who have been injured by crime. 2. Victims, offenders, and communities should have the opportunity to be a fully active part of the justice process. 3. Government should restore order, but the community should establish peace.

what are the types of leadership styles?

1. The Autocratic Leadership Style-has to do with control and one's perception of how much control one should give to others 2. Bureaucratic Leadership -One reason has be do with obedience to authority. 3. The Coaching Style -A great coach is definitely a leader who also possess a unique gifts ability to teach and train.They groom people to improve both knowledge and skill. 4. Cross-Cultural Leadership -Not all individuals can adapt to the leadership styles expected in a different culture whether that culture is organizational or national. 5. Emergent Leadership -Contrary to the belief of many, groups don't automatically accept a new "boss" as leader. Emergent leadership is what you must do when one taking over a new group. 6. The Leader Exchange Style -Sometimes known as leader-member exchange, the style involves the exchange of favors between two individuals. 7. The Laissez Faire Leadership Style -The style is largely a "hands off" view that tends to minimize the amount of direction and face time required. Works well if you have highly trained, highly motivated direct reports. 8. Situational Leadership -In the 1950s, management theorists from Ohio State University and the University of Michigan published a series of studies to determine whether leaders should be more task or relationship (people) oriented. (telling, selling, participating, delegating) 9 Strategic Leadership -This is practiced by the military services such as the US Army, US Air Force, and many large corporations. It stresses the competitive nature of running an organization and being able to out fox and out wit the competition. 10. Team Leadership- few years ago, a large corporation decided that supervisors were no longer needed and those in charge were suddenly made "team leaders." 11. Facilitative Leadership This is a special style that anyone who runs a meeting can employ. Rather than being directive, one using the facilitative leadership style uses a number of indirect communication patterns to help the group reach consensus. 12. Influence Leadership Styles - Here one looks at the behaviors associated how one exercises influence. For example, does the person mostly punish? Do they know how to reward? 13. The Participative Leadership Style It's hard to order and demand someone to be creative, perform as a team, solve complex problems, improve quality, and provide outstanding customer service. The participative style presents a happy medium between over controlling (micromanaging) and not being engaged and tends to be seen in organizations that must innovate to prosper. 14. The Servant Leadership Style - Some leaders have put the needs of their followers first. 15. The Transformational Leadership Style -The primary focus of the transformational leadership style is to make change happen in: Our Self, Others, Groups, and Organizations 16. The Charismatic Style - However, it you want to be a leader, if you want to have followers, if you want to do anything great, you better have it. Transformational leaders need a bit of charisma. 17. The Visionary Leadership Style - The "vision thing" is something all great leaders have. It was seen through out history in the great ones. For example, Alexander the Great clearly had a vision of how to make an empire work. Visionary leadership has many different elements to it. 18. Transactional Leadership The approach emphasizes getting things done within the umbrella of the status quo; almost in opposition to the goals of the transformational leadership. It's considered to be a "by the book" approach in which the person works within the rules. 19. Level 5 Leadership This term was coined by Jim Collins in his book Good to Great: Why Some Company's Make the Leap and Other Don't. As Collins says in his book, "We were surprised, shocked really, to discover the types of leadership required for turning a good company into a great one." What he seems to have found is what The Economist calls, "The Cult of the Faceless Boss." 20. Primal Leadership Style - The six leadership styles one can use are: coaching, pace setting, democratic, affinitive, authoritative and coercive.

what is moral pluralism? (balance between absolutism and relativism)

1. There are basic principles of right and wrong. 2. These principles can be applied to ethical dilemmas and moral issues. 3. These principles may call for different results in different situations, depending on the needs, concerns, relationships, resources, weaknesses, and strengths of the individual actors.

unjust laws have what characteristics?

1. They are degrading to humans. 2. They are discriminatory against certain groups. 3. They are enacted by unrepresentative authorities. 4. They are unjustly applied

what are the 6 pillars of character (moral development)?

1. Trustworthiness. This concept encompasses honesty and meeting one's obligations. Honesty means to be truthful, forthright, and sincere, and the pillar also involves loy- alty, living up to one's beliefs, and having values. 2. Respect. This pillar is similar to the second portion of the categorical imperative of Ethical Formalism which will be discussed subsequently. The concept admonishes us to treat each person with respect and not as a means to an end. The idea is also similar to the Golden Rule in Christianity. 3. Responsibility. This means standing up for one's choices and being accountable. Every- one has a moral duty to pursue excellence, but, if one fails, the duty is to take responsi- bility for the failure. 4. Fairness. This concept involves issues of equality, impartiality, and due process. To treat everyone fairly doesn't necessarily mean to treat everyone the same, but rather, to apply fairness in one's dealings with everyone. 5. Caring. This pillar encompasses the ideas of altruism and benevolence. It is similar to the ethics of care which will be described below. 6. Citizenship. This includes the duties of every citizen, including voting, obeying the law, being a good steward of the natural resources of one's country, and doing one's fair share.

what are the 3 criteria for evaluating an ethical dilemma?

1. examine one's obligations and duties and what one has promised to do by contract or by taking on a role 2. examine moral ideals as how one's decision balances with prudence, temperance, justice, honesty, compassion (Aristotle's ethics of virtue) 3. evaluate the act to determine if it would result in good consequences (utilitarianism)

what are the typologies of police?

1. legalistic - enforce the law objectively without making exceptions 2. the watchman - defines situations as threatening or serious, depending on who is involved 3. caretaker - treats citizens differently, depending on their power and position in society 4. old-style crime fighter - concerned with action that might be considered crime control 5. clean beat officers - seek to control all behavior in their jurisdiction 6. service style - emphasize public order and peace officer tasks 7. professional style - by the book policing. these typologies give police broad discretion in whether to uphold the law or turn a blind eye.

what are the 4 types of prosecutorial misconduct?

1. withholding exculpatory evidence 2. misusing pretrial publicity 3. using preemptory challenges to exclude jurors 4. using false evidence in court

what is legal moralism?

A justification for law that allows for protection and enforcement of societal morals. (euthanasia, suicide, pornography (not harmful but immoral)

what are asimov's 3 laws?

A robot may not injure a human being or allow one to come to harm; a robot must obey orders given by human beings; and a robot must protect its own existence.

what are grass eaters?

Accepting bribes, gratuities, and unsolicited protection money was the extent of the corruption

what are the ethics of virtue?

An ethical system that bases ethics largely upon character and possession of virtues

what are the catalog of virtues?

Courage (balance between cowardice and foolhardiness) Temperance (balance between self indulgence and asceticism) Liberality (balance between meanness and too generous) Munificence (similar to liberality; balance between stinginess and being profligate) Magnanimity (balance between being vain and being petty) Proper ambition (balance between being without ambition and having too much) Good temper (balance between being quick to anger and not showing anger when warranted) Truthfulness (balance between unnecessary truths and lying) Wittiness (balance between being a bore and being a clown) Friendliness (balance between obsequiousness and being unfriendly) Modesty (balance between being too humble and too boastful) Righteous indignation (balance between being envious and being spiteful)

ethical pluralism

Ethical pluralism argues that in most situations, there are many truths rather than one single truth. principle of understanding principle of tolerance principle of fallibility

what was aristotle's philosophy?

He believed some people had weak wills and did bad things knowing they were bad. The idea of eudaimonia is part of Aristotle's discussions of what it means to live a good life. Again, this concept, although translated as happiness, has more to do with flourishing or self-actualization.

ethical absolutism

This view argues that there exists an eternal and unchanging moral law, the same for all people, at all times and places

what is the harm principle?

John Stuart Mill - is the idea that every individual should have the utmost freedom over their own actions unless they harm others. (Stand your ground laws, trayvon martin , florida)

what are deontological ethical systems?

Kant - Ethical formalism is a deontological system. A deontological ethical system is one that is concerned solely with the inherent nature of the act being judged. If an act or intent is inher- ently good (coming from a good will), it is still considered a good act even if it results in bad consequences. emphasizes the intent of the actor as the element of morality concerned with the inherent nature of the act itself

what are good samaritan laws?

Legislation that prohibits passing by an accident scene or witnessing a crime without rendering assistance. (common in Europe)

what are meat eaters?

Meat eaters participated in shakedowns, "shopped" at burglary scenes, and engaged in more active deviant practices.

what are meta-ethics?

Meta-ethics is the discipline that investigates the meaning of ethical systems and whether they are relative or are universal, and are self-constructed or are independent of human creation.

what are the 3 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 guilty may be punished.

what are the principles of restorative justice?

PRINCIPLES #1: Crime is primarily an offense against human relationships and secondarily a violation of a law (since laws are written to protect safety and fairness in human relationships). PRINCIPLES #2: Restorative Justice recognizes that crime (violation of persons and relationships) is wrong and should not occur and also recognizes that after it does, there are dangers and opportunities. PRINCIPLE #3: Restorative Justice is a process to make things as right as possible and includes: attending needs created by the offense such as safety and repair of injuries, relationships and physical damage resulting from the offense; and attending needs related to the cause of the offense (addictions, lack of social or employment skills or resources, lack of understanding or will to make moral or ethical decisions, etc.). PRINCIPLE #4: The primary victim(s) of a crime is the one(s) most impacted by the offense. The secondary victims are others impacted by the crime and might include family members, friends, criminal justice officials, community, etc. PRINCIPLE #5: As soon as immediate victim, society, and offender safety concerns are satisfied, Restorative Justice views the situation as a teachable moment for the offender-an opportunity to encourage the offender to learn new ways of acting and being in community. PRINCIPLE #6: Restorative Justice prefers responding to the crime at the earliest point possible and with the maximum amount of voluntary cooperation and minimum coercion since healing in relationships and new learning are voluntary and cooperative processes. PRINCIPLE #7: Restorative Justice prefers that most crimes are handled using a cooperative structure including those most impacted by the offense as a community to provide support and accountability. This might include primary and secondary victims and family (or substitutes if they choose not to participate), the offender and family, community representatives, government representatives, faith community representatives, school representatives, etc. PRINCIPLE #8: Restorative Justice recognizes that not all offenders will choose to be cooperative. Therefore there is a need for outside authority to make decisions for the offender who is not cooperative. The actions of the Restorative Justice authorities and the consequences imposed should be tested by whether they are reasonable, restorative, and respectful (for victim(s), offender, and the community). PRINCIPLE #9: Restorative Justice prefers that offenders who are not yet cooperative be placed in settings where the emphasis is on safety, values, ethics, responsibility, accountability, and civility. They should be exposed to the impact of crime on victims, invited to learn empathy for victim, and offered learning opportunities to become equipped with skills to be a productive member of society. They should be continually invited (not coerced) to become cooperative with society and given the opportunity to demonstrate this in appropriate settings as soon as possible. PRINCIPLE #10: Restorative Justice requires follow-up and accountability structures utilizing the natural community as much as possible since keeping agreements is the key to building a trusting community. PRINCIPLE #11: Restorative Justice, recognizes the important and vital role of the religious/faith community in preventing crime and in responding to crime.

what is the police subculture?

Police typically form a homogenous social group. They have a uniquely stressful work environment. T hey participate in a basically closed social system.

You have been assigned to a committee that is focusing on preventing fatal accidents in your state. Your committee develops several new laws which include: mandating the use of a seat belt for both the driver and passenger in a car, banning the use of a cell phone unless it is connected to a wireless device, and mandating the use of a helmet for motorcycle passengers. Which justification for law would these new initiatives fall under?

Preventing harm to self: he justification of preventing harm to self entails the state trying to protect people from their own behavior. This is related to the concept of legal paternalism, which refers to laws that aim to protect individuals from hurting themselves.

veil of ignorance

Rawls idea that people will develop fair principles of distribution if they are ignorant of their position in society

what was socrates philosophy?

Socrates believed that all people acted in a way to serve their own interests, but some people, because they were ignorant, pursued short-term happiness that would, in the long run, not make them happy. True happiness could come only from being virtuous, and virtue comes from knowledge. T

critics of restorative justice programs say what?

Restorative justice program are often focused on the offender's needs. This causes some victim's rights groups to argue against the use of these programs. They believe that the victim's needs are ignored or are often put second, and that the victim's don't receive the restoration that they deserve.

what is the difference between retributive justice and restorative justice?

Retributive Justice - focus on Who did it?" Restorative Justice - "how can we fix it?" Restorative justice is a philosophical approach to correctional intervention, in which crime is seen as a conflict between individuals and their community whereby the party that causes the injury incurs an obligation to make things right—whenever and however possible...

what is an ethical dilemma?

Situations in which it is difficult to make a decision, either because the right course of action is not clear or the right course of action carries some negative consequences.

what was plato's philosophy?

Socrates, associates virtues with wisdom. The four vir- tues he specifically mentions are wisdom, courage, moderation, and justice. Each of the three virtues is associated with the three classes of people he describes as making up society: the rulers (wisdom), the soldiers (courage), and the merchants (moderation since they pursue lowly pleasures).

what is substantive justice?

Substantive justice is focused on the type of punishment and whether or not it is considered just and appropriate.

what is the stoic philosophy?

The Stoic philosophical school is associated with the idea that man is a part of nature and the essential characteristic of man is reason. Reason leads to virtue. Virtue and morality are simply rational action.

What movement led the way to more gang and inmate violence in prisons?

The decrease in officer violence against inmates Research has found that as violence by officers decreased in the late 1970s and 1980s, it opened the door to the violence of inmate gangs and cliques. Inmates in the 1980s had less to fear from guards but more to fear from one another as racial gangs and other powerful cliques or individuals solidified their control over prison black markets.

what is the generalization principle?

The generalization principle is based on this question: "What would happen if all sim- ilar persons acted this way under similar circumstances?"

Which of the following are attorneys allowed to disclose to the media?

The identity, residence, occupation, and family status of the accused ABA Model Rule 3.6(b) is a prohibition against out-of-court statements that a reasonable person should expect would have a substantial likelihood of materially prejudicing a proceeding.

what is the imperative principle?

The imperative principle directs a decision maker to act according to a specific, un- bending rule.

what is the principle of forfeiture?

The principle of forfeiture associated with deontological ethical systems holds that people who treat oth- ers as means to an end or take away or inhibit their freedom and well-being forfeit the right to protection of their own freedom and well-being

what are some recommendations for reducing corruption?

The second most cited recommendations were holding supervisors responsible for the integrity of their subordinates; reforming merit promotion and assignment; changing police culture; creating training programs in integrity for recruits and in-service personnel, particularly first-line supervisors; creating an effective internal integrity monitoring unit; annually evaluating the integrity of all officers; making the chief responsible for enforcing all discipline; proactively investigating misbehavior; and improving standards for recruitment and training.

what is the utilitarian principle?

The utilitarian principle determines the ethics of conduct by the good or bad conse- quences of the action. (what is best for the greatest number)

The theorists Jermey Bentham and Cesare Becarria believed that punishment should be based on the seriousness of the crime. Under which theory is their work categorized?

Utilitarianism - punishment should be based on the seriousness of the crime -punishment as deterrence

what are teleological ethical systems?

Utilitarianism is a teleological ethical system. A teleological ethical system judges the consequences of an act. Even a bad act, if it results in good consequences, can be defined as good under a teleological system. The saying "the end justifies the means" is a teleologi- cal statement. BAD ACT - GOOD CONSEQUENCES

Describe recent research findings on the police subculture.

Van Maanen (1978) discussed how police operate with stereotypes of the people with whom they come into contact.

what is the cop code?

Watch out for your partner first and then the rest of the guys working that tour. • b. Don't give up another cop. • c. Show balls. • d. Be aggressive when you have to, but don't be too eager. e. •Don't get involved in anything in another guy's sector. f. Hold up your end of the work. g. • If you get caught off base, don't implicate anybody else. h. Make sure the other guys know if another cop is dangerous or "crazy." i. • Don't trust a new guy until you have checked him out. j. • Don't tell anybody else more than they have to know. k. Don't talk too much or too little. l. Don't leave work for the next tour.

what steps can you take to resolve an ethical problem?

What would I tell my child or parent to do? How would I feel if my family, friends or neighbours knew I had done this? How will I feel about myself afterwards? Will I sleep soundly tonight? How would it look on the front page of the newspapers? What could go wrong with the solution chosen? Will my action stand the test of time? Could the action give a negative perception? Am I confident I can justify this decision?

pluralistic ignorance

a few outspoken and visible members do not reflect the silent majorty's views

lex salica

a form of justice that allows compensation; the harm can be repaired by payment or atonement

what is a cause lawyer?

a lawyer that is more focused on creating social or legal changes than carrying out justice for the client

what is a consent decree?

a legal agreement between the Justice Department and a police department whereby the police department agrees to perform specified activities and submit to monitoring to ensure that the department meets the terms of the agreement in order to avoid a lawsuit

what is a shadow jury

a panel of people selected by the defense attorney to represent the actual jury, sit through the trial and provide feedback to the attorney on the evidence presented at trial

reintegrative shaming

a type of punishment that can lead to a reduction of recidivism as long as they do not involve banishment and induce healthy shame in the individual

lex talionis

a vengence-oriented justice concerned with equal retaliation

what are superogatories?

actions that are commendable but not required for a person to be considered moral (good samaritan, risking your own safety to save a person who is drowning)

systems model

an absolute or legalistic model where an attorney's behavior would always be considered wrong or right depending on the ethical rule guiding the definition

nonfeasance

an act of omission

malfeasance

an act that violates authority

what is peacemaking corrections?

an approach to corrections that depends on care and wholesight, or looking at what needs to be done with both the heart and the mind

utilitarianism

an ethical system that claims the greatest good is which results in the greatest happiness for the greatest number

teleological ethical system

an ethical system that is concerned with the consequences of an action to determine goodness

misfeasance

an illegitimate act done for personal gain

civilian review and complaint model

an outside agency that includes citizens and monitors and investigates misconduct complaints against police

santuary

ancient right based on church power; allowed a person respite from punishment as long as the person was within the confines of church grounds

what are ethical issues?

are broad social questions, often concerning the government's social control mechanisms and impact on those governed - what laws to pass, what sentences to attach to certain crimes. (what is the right thing to do?) examples of criminal justice issues that have ethical implications: • Decriminalization of soft drugs or drug courts for first-time offenders • Megan's Law and other sex-offender registry statutes • The death penalty • Mandatory DNA registries • Three-strikes legislation • Racial profiling • Law-enforcement corruption • Waiver of juveniles to adult courts • Citizen oversight committees for police departments • The Patriot Act and other challenges to civil liberties in the wake of terrorism • Immigration law reform

tolerated lies

are considered necessary evils - Lies during interrogation or threats to troublemakers that they will be arrested if they don't cease their trouble making are also tolerated lies.

what are values?

are defined as elements of desirability, worth, or importance. You may say that you value honesty; another way of saying that is that one of your values is honesty.

deviant lies

are those used in the courtroom to make a case or to cover up a wrongdoing

blue lies

are those used to control the person or to make the job easier in situations where force could be used. For example, to make an arrest easier, an officer will lie about where the suspect is being taken, or to get someone out on the street to be arrested, the officer will say that she only wants to talk.

what is noble cause corruption?

asking whether it was ethically accept- able for a police officer to inflict pain on a suspect in order to acquire information that would save an innocent victim. Various other sources also describe situations where po- lice officers practice an "ends justify the means" approach, including first-person accounts Noble cause corruption refers to the utilitarian concept that the "ends justify the means" in crime fighting. Officers may use this concept to justify behavior which would otherwise be illegal, unethical, or against regulations, like lying on an affidavit or the witness stand or planting evidence. They will claim that they are doing what is best for society as a whole even though they may be breaking some of the rules.

Expiation

atonement for a wrong to achieve a state of grace

what does police control consist of?

authority - the unquestionable entitlement to be obeyed power - the means to achieve domination persuasion- signs, symbols, words and arguments to induce compliance force - physical domination and control justification for these powers stems from social contract- each citizen gives up complete liberty in return for societal protection against others

what are the 3 components of community policing?

community partnerships - increase trust in police organizational transformation- support community partnerships and proactive problem solving Problem solving - identifying problems to develop and evaluate effective responses

What three paradigms exist that can affect one's view of the law?

consensus, conflict, pluralist There are three paradigms that can affect one's view of the law. The consensus paradigm believes we exist in a community of like-minded individuals who agree on goals. The conflict paradigm views society as being made up of competing and conflicting interests between those who have power and those who don't. The pluralist paradigm believes society is made up of many different groups with competing interests. A person may shift from one paradigm to another as they have different experiences in life.

due process

constitutionally mandated procedural steps designed to eliminate error in any governmental deprivation of protected liberty, life or property

what is cultural relativism?

defines good as that which contributes to the health and survival of society. Hunting and gathering societies that must contend with harsh en- vironments may hold beliefs allowing for the euthanasia of burdensome elderly; no absolute definitions between right and wrong whereas agricultural societies that depend on knowledge passed down through generations may revere their elderly and accord them an honored place in society. cultures have different definitions of right and wrong; individuals within a culture conform to the standards of their culture

what is ethical relativism?

describes the position that what is good or bad changes depending on the individual or group, and that there are no moral absolutes. Relativists believe that what is right is determined by culture and/or individual belief; no absolute definitions between right and wrong

normative ethics

determines what people ought to do and defines moral duties based on ethical systems

what punishment models would utilitarianism support?

deterrence, incapacitation and treatment (for the greater good)

what are the 3 methods of prevention?

deterrence, incapacitation, treatment

what is ethical formalism?

duty-based ethics

what is system 1 decision making?

emotional, intuitive, immediate

what are ethics (character)?

ethics refers to the study and analysis of what constitutes good or bad con- duct (social system/external)

confirmatory bias

fixating on a preconceived notion and ignoring other possibilities, such as in regard to a specific suspect during a police investigation

Identify the differences between the formal ethics of law enforcement and the values of the police subculture.

formal ethics of law enforcement: 1. The principle of justice or fairness 2. service 3. importance of the law 4. personal conduct values of police subculture: Police typically form a homogenous social group. They have a uniquely stressful work environment. They participate in a basically closed social system

what are imperfect duties?

general duties that one should uphold but do not have a specific application as to when or how. For instance, most ethical systems support a general duty of generosity but have no specific duty demanding a certain type or man- ner of generosity.

what is positivist law?

human made law

what is professional ethics?

is an even more specific type of applied ethics relating to the behav- ior of certain professions or groups.

what is applied ethics?

is the application of ethical principles to specific issues.

what is normative ethics?

it determines what people ought to do and defines moral duties based on ethical systems or other means of analysis

hedonistic calculus

jeremy bentham's rationale for calculating the potential rewards of a crime so the amount of potential pain could be set to deter people from committing that crime

retributive justice

justice that concerns the determination and methods of punishment

procedural justice

justice that concerns the steps taken to reach a determination of guilt, punishment or another conclusion of law

foreign intelligence surveillance act

protects the right of the government to electronically eavesdrop and wiretap, monitor physical entries, and permits trap orders (recording of telephone numbers), and the collection of business records

what are morals (custom)?

moral also is used to describe someone who has the capacity to make value judgments and discern right from wrong (individual/internal)

imperfect duties

moral duties that are not fully explicated or detailed

prison litigation reform act

provides an effective case management plan for civil rights for the incarcerated

what are recognition tests?

paper and pencil tests that measure an individual's ability to recognize and agree or disagree with moral terms

what is situational ethics?

philosophical position that although there are a few universal truths, different situations call for different responses; therefore, some action can be right or wrong depending on situational factors kant- lying isn't really lying if told to a person who is trying to harm us

Which justification for law focuses on allowing one to protect oneself from those that pose a threat?

preventing harm to others Preventing harm to others is a well accepted justification for law that allows citizens to have freedom over their own actions unless they harm other people. Most laws created today are to punish those that harm others.

specific deterrence

preventing offenders from committing another offense

what is restorative justice?

programs that seek to move compensation back to center stage instead of retribution An approach to corrective justice that focuses on meeting the needs of all concerned.

what is system 2 decision making?

rational, deliberate, taking time to weigh various options

what are duties?

refers to those actions that an individual must perform to be considered moral.

what are the new rehabilitationists?

researchers who believe that evidence shows that rehabilitative programs result in lower recidivism

hypothetical imperatives

statements of contingent demand known as "if-then" statements; usually contrasted with categorical imperatives, which are statements of "must"

integrity testing

sting operations to test whether police officers will make honest choices

Describe the 2 different missions of law enforcement in a democracy

the 2 missions are crime fighting and public service

substantive justice

the branch of justice that concerns just deserts - the punishment fits the crime

what is distributive justice?

the branch of justice that is concerned with that measurement should be used to allocate society's resources (public assistance, tuition assistance)

what is corrective justice?

the branch of justice that is focused on when unfair and unjust enrichment occurs (either through contract disputes or criminal action) and what the appropriate remedy might be to do the right thing (has 2 components - substantive and procedural justice)

what is the categorical imperative?

the concept that some things just must be, with no need for further justification, explanation or rationalization for why they exist (ethical formalism)

what are the ethics of looting?

the demise of critical infrastructure can justify maiming and theft. it is critical to survival (Katrina)

what is treatment ethic?

the idea that all criminal acts are symptoms of an underlying pathology

what is 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

penal harm

the idea that the system intentionally inflicts pain on offenders during their imprisonment because merely depriving them of liberty is not considered painful

halo effect

the phenomenon in which a person with expertise or status in one area is given deference in all areas

extreme or individual relativism

the position that moral beliefs and practices vary from person to person

criminalistics

the profession involved with the application of science to recognize, identify, and evaluate physical evidence in court proceedings

rotten apple argument

the proposition that the officer alone is deviant and that it was simply a mistake to hire that officer

what is the justice model?

the punishment of an individual should be limited by the seriousness of the crime, although treatment could be offered.

what is the just deserts model?

the punishment of an individual should be purely retributive and balanced to the seriousness of thecrime

what is justice?

the quality of being impartial, fair and just from the latin "jus" concerning rules of law

what is reinforcement theory?

the theory that adults have great power over a child's moral development through the way they hand out punishments and rewards

what steps should you take when facing an ethical dilemma?

there are five steps to solving an ethical dilemma: 1) identify the facts, 2) identify relevant values and concepts, 3) identify all possible moral dilemmas for each party involved, 4) decide what is the most immediate moral or ethical issue facing the individual, and 5) resolve the ethical or moral dilemma by using an ethical system or some other means of decision-making.

what is civil disobedience?

voluntarily breaking established laws based on one's moral beliefs. 1. It must be nonviolent in form and actuality. 2. No other means of remedying the evil should be available. 3. Those who resort to civil disobedience must accept the legal sanctions and punishments imposed by law. 4. A major moral issue must be at stake. 5. When intelligent men [sic] of good will differ on complex moral issues, discussion is more appro- priate than action. 6. There must be some reason for the time, place, and target selected. 7. One should adhere to "historical time."

Why can it be difficult to define what is considered moral when using the natural law ethical system?

what is considered "natural" human behavior can be inconsistent and subjective

general deterrence

what is done to an offender to prevent others from committing crimes

Cultural Relativism

what is morally right or wrong may vary in a fundamental way from person to person or from culture to culture

arbitrary use of power

when a correctional officer treats workers or inmates in a biased manner

what is legal paternalism?

—laws in which the state tries to protect people from their own behavior. examples include seat belt laws, motor- cycle helmet laws, speed limits, drug laws, licensing laws, alcohol consumption and sale laws, smoking prohibitions, and laws limiting certain types of sexual behavior. child labor laws DUI

what are the 3 areas of police abuse of authority?

• • • Physical abuse—excessive force, physical harassment Psychological abuse—disrespect, harassment, ridicule, excessive stops, intimidation Legal abuse—unlawful searches or seizures, manufacturing evidence