Ethics Midterm Part 2

institutional/systematic VS individual

2 types of racism/discrimination?

lifeboat dilemma EF: unthinkable to sacrifice an innocent even if all die U: okay that order of one justified to save other

5 people on a lifeboat with enough food/water for only 4. if is certain they will survive if there are only 4; also certain they will all die if one doesn't go overboard. what do you do in ethical formalism VS utilitarianism? (but prediction poses problems-what if they kill one and 5 minutes later ship rescues them? or the remaining get eaten by sharks?)

principle of golden mean

Aristotle's concept of moderation, in which one should not err toward excess or deficiency; associated with ethics of virtue

slippery slope argument, 1 thing can lead to another

FL police gets free salad at Wendy's voluntarily by manager but usually told you shouldn't even accept water, why?

hedonistic calculus

Jeremy Bentham's rationale for calculating the potential rewards of a crime so the amount of threatened pain could be set to deter people from committing that crime . use of proportionality deterrence, not balance (threaten slightly higher degree of pain/punishment than gain from criminal act)

ethical system

a structured set of principles that defines what is moral. (source of moral beliefs, underlying premises from which you make judgements, beyond argument

reasonable force but not least possible force; deadly/excessive force

after the Tennessee v Garner 1985 ruling subsequently courts ruled police can use __ __ but not what? what force very rarely occurs?

utilitarianism, libertarian

allow economic disparities if contribute to greater good (doctors ore than others since schooling so long&cure the sick) minimum pay laws justified under here but NOT here

decide what is the most immediate moral/ethical issue facing individual (analyze ethical dilemmas)

always a behavior choice NOT an opinion, moral issue of abortion should be legalized different from moral issue of whether I should have one (one affects other but conceptually distinct)

restoritive justice

an approach to corrective justice that focuses on meeting needs of all concerned , number of programs seek to move compensation back instead of retribution, not really in today's criminal more so in civil law

teleological ethical system; utilitarianism

an ethical system that is concerned with the consequences or ends of an action to determine goodness; ex?

1. identify the facts 2. identify relevant values and concepts 3. identify all possible dilemmas & decide most immediate dilemma 4. decide what is the most immediate moral/ethical issue facing individual 5. resolve ethical/moral dilemma by using ethical system or other means of decision making

analyzing ethical dilemmas steps?

discretion

authority to make decision b/w 2 or more choices

retributive justice ; lex talionis; lex salica

balance, suffer pain or loss proportional to victim. concerns determination and methods of punishment ; 2 forms?

racial profiling

began (or used a lot) with federal government using federal profile at border or airport (points of entry). identifying drug curers, not strictly racial but also behavioral. very effective profile but evolved to strictly racial tho not originally race

ayn rand

best known modern writer/philosopher associated with egoism, promoted psychological egoism/(are selfish) ethical egoism (should be self interested), libertarians use her writings to support view of limited gov and fierce individualism

ethical issues

broad social questions, often concerning the government's social control mechanisms & the impact on those governed-what laws to pass, sentences for crimes, build prisons, abolish death penalty usually individuals have no control but may have control over some but still developed by group process (policy choices: mandatory DNA collection, disclosing police names to public in shooting, ''open file'' policy on prosecutors office

egoism enlightened egoists

completely turns around priorites of utilitarianism to put individual first before anyone else & society but because long term interests dictate helping, these might look like altruists

procedural justice

component of justice that concerns steps taken to reach determination of guilt, punishment, or other conclusion of law

psychological egoism

concept that humans naturally and inherently seek self interest and that we can do nothing else because it is our nature, naturally egoist and would be unnatural to be other way (run to burning building still altrustic because it gives us pleasure ike considered heros, not selfless reason)

identify relevant values and concepts (analyze ethical dilemmas)

concepts: no proof but relevant, understand that concepts/values may affect the way you interpret facts (abortion around value of life but concept that there is no proof of when life begins or ends but there are facts regarding breathing) many arguments surrounding issues really about concepts like life

substantive justice ; retributive & utilitarian

concerns just deserts-appropriate amount of punishment for a crime , fairness in what we do to people in name of justice (capital punishment fair?) 2 types?

organizational explanations; vertical culture; small work groups

culture of police department usually begins around Top, called? within which explanation of deviance? many, if not most corrupt includes top (involved or turn blind eye) + this term which is carried away in LA w/ ramparts division group who though they could do whatever

correctional officers; parole officials;

daily decisions if affect life & health of prisoners; decide when to file violation report, affecting parolee&fam

defense attorney

decide whether to encourge client to take plea deal, evidence to use, how to try case, enourage to appeal

ethics of care

defines good as meeting needs of others & preserving and enriching relationships, based on human relationships and needs. identify needs of all individuals & attempts to maximize them

egoism; yes

defines the pursuit of self interest as a moral good, what is good for one's survival/personal happiness is moral. extreme is all people should operate on assumption that they can do whatever benefits them, others ensure happiness and rights not acknowledged. have most philosphers rejected this on basis that it is fundamentally inconsistent with one elements (not self serving?) and violates basic tenents of ethical system?

hypothetical imperatives VS categorical imperatives

designated certain actions to attain certain ends, statements of contingent demand known as if-then statements (if i want something, then i must work for it) VS commands action that is necessary w/o reference to intended purpose/consequences, concept that some things just must be with no need for further justification / explanation / rationalization for why they exist (Kant's refers to imperative that you should do your duty, act in way that you want everyone else to act and not use people.) statements of ''must'' with no ''ifs''

ethical issues

difficult social or policy questions that include controversy over the ''right'' thing to do

aristote

disagreed with idea that bad behavior occurred only through ignorance and argued that there were people who chose to behave i ways that are not virtuous

Ferguson, Missouri

discrimination in entire regional area (not just this city)

aristotle

distinguished intellectual virtues (wisdom, understanding-have these) from moral (generosity, self control-not sufficient)

utilitarianism, Marxist, libertarian, egalitarian

distributive justice types?

enlightened egosim

egosim may appear to be altruistic because it is in one's long-term best interest to help others in order to receive help in return, long term welfare. treat others how we wanna be treated (help your friend, they help you)

police

enforce laws created by legislators, great deal of discretionary power. power to deprive of liberty, decide who to investigate/undercover operations, lethal force warranted, guardians of law not mere enforcers for those in power

1. top outside: moral judgement (a woman who goes out drinking leaving her children at home is bad) 2. middle: moral rules (ppl shouldn't drink to excess, children should come before self, women should take care of children, one should do one's duty 3. bottom outside: ethical system (ethical formalism/utilitarianism/ethics of care/ rules logically inconsistent with egoism

ethical pyramid?

ethical formalism

ethical system espoused by Kant that focuses on duty, holds that the only good thing truly good is good will, and that what is good, is that which confirms to the categorical imperative

motorist stops by another broken down car to help. seems to be a good act but isn't unless done from good will. (if done because wants a favor or payment, the act is neutral, not truly good

ex of ethical formalism?

individual explanations organizational explanations politics perverse incentives societal explanations

explanations of deviance

wholesight

exploring issues with one's heart as well as one's mind, thinking & feeling work together for common good

prosecutors

face least public scrutiny, ironc since they have a lot of discretion (decide charges to pursue, drop, how to prosecute case, when to take to jury, pursuing death penalty)

adam smith englightened egosim

father of free enterprise, practical egoism, argue individuals pursue own personal good would lead to nations prospering (Capitalism: self interest creates healthy economy: workers work harder, more pay, etc

professional courtesy

given breaks because in system but stop at excessive things (police officer get off at small speeding ticket but ticket fixing goes beyond this and is not typical)

aristotle

goal of life according to him is eudaimonia ''happiness'' ''flourishing'', defined virtues as ''excellences'' qualities that enable indivodual to move toward achievemnt of what it takes to be human

sexual misconduct; nothing; allow hostile work environment

harassment within department illegal for manager to do ___ and know it happens or?

natural law self perservation

holds that there us a universal set of rights and wrongs similar to many religious beliefs but w/o reference to specific supernatural figure. no diff b/w physical&moral laws (what is good is what is natural&vice versa) such as?

Pinker's blank slate paradigm

humans are sponges born with few or no instincts

natural law

idea that principles of morals/rights are inherent in nature and not human made; such laws discovered by reason but exist apart from mankind/any religion

Dept of Justice can file lawsuit, Arizona HB2162 law which required among others for immigrants/those who questioned to provide documentation. Supreme Court overruled it, sheriff Joe Apollo didn't comply with consent decree and had a lawsuit but Trump pardoned him

if a consent decree is not complied what can happen? for example?

1. identify the facts 2. identify relevant values&concepts 3. identify all possible moral dilemma for each party involved 4. decide what is the most immediate moral or ethical issue facing the inidvidual 5. resolve the ethical or moral dilemma y using an ethical system or some other means of decision making

if confronted with ethical dilemma how should you solve it steps?(5)

no

if one choice is illegal is that an ethical dilemma?

graft

illegal accepting crimes + protection money + kickbacks

correctional officials; probation officer; prison officials

immense powers over lives of some citizens; make recommendations in pre sentence reports & violation reports that affect whether person goes to prison; decide to award or take away ''good time'',punish inmate

strict scrutiny test

in affirmative action, use of race, ethnicity, or gender as factor in hiring must meet an important gob objective and must be only way to meet it

1. ''rotten apple argument'' mistake in hiring bad person, 2. ''rotten bushles'' extended, more than 11 corrupt officer (group) both terms associated with miami river rats

individual explanations of deviance 2 terms & what they mean? ie?

exculpatory info VS Brady list

info/evidence which might suggest innocence of defendant VS prosecutors create this list to identify lying cops

values

judgements of desirability, worth, or importance , become clear when there is a choice to be made & consistent with behavior

distributive justice

justice that concerns what measurement should be used to allocate society's resources

corrective justice

justice that concerns when unfair advantage or unjust enrichment occurs (either through contract disputes or criminal action) and what the appropriate remedy might be to right the wrong

consent decree; voluntary agreement

legal agreement (NOT LAWSUIT) b/w department of Justice + City/county/region, expensive for the region, makes necessary changes to get back to what's necessary. In this place, evolved to ___ ____ (not as binding as this)

utilitarian justice

looks to the greatest good for all as the end , supports punishment if benefits society, justify punishment on basis of deterrence

identify the facts (analyze ethical dilemmas)

make sure one has all the facts that are known-not future predictions/suppositions/probabilities

miami river rats 1980's

miami city PD need diversity (latin) didn't vet officers properly with good background checks so got corrupt officers who embarked on spree (stealing, drugs,murder) officers hired too quickly, convicted in federal court+sentenced long

till custodial interrogation begins (in custody before police begin to question you); Miranda V Arizona 1996

miranda warning not required till? what ruling?

Islam

newest yet largest, like Christianity recognizes 1 god: Allah. Jesus and other figures are prophets like Muhammad who is the last/greatest prophet. Based on Quran, literally as word of Allah than Bible by Christians, Great deal of fatalism: Insallah ''if god wills it;;, recognition that if people choose evil they do so freely. 5 pillars: repetition of creed, daily prayer, almsgiving, fasting, pilgrimage. Idea of holy war, never harm innocents but those who die defending Islam will be rewarded in afterlife

judasim

older than Christianity & Islam with Torah, not Bible, as foundation text. Incorporates monotheistic belief in God with recognized prophets (Abraham, Moses) teaches Jesus not messiah or son of God (like Islam) and not a prophet (unlike Islam) definition of goodness lies in virtues and religious faith, believers exhorted to lead righteous life includes helping the need. virtues: benevolence, faith, compassion. Jewish golden rule version:''what is hateful to you, do not do unto others'' falsehood wrong, shalom is path (peace) to live life by

legislators

part of reason why these are not held in very high esteem is that we perceive their discretion unethically influenced by lobbyists and personal interests, NOT public good

marxist; libertarian

pay people according to need (person with 2 children earn more than person w/o any) VS argue vast disparities in economic remuneration acceptable and should be left to free market (high salaries promote competition which promotes quality so if athlete has high salary they have talent others pay for

asset forfeiture laws you don't even have to be arrested for government to seize property they think is involved

people in criminal activities can lose property part of those activities. has gone way beyond original intent which was on who was convicted, now what has changed?

institutional/systematic VS individual

pervasive through system/agency/department (not seen as much but does occur like Ferguson, Missouri) VS everywhere, if in society then in CJ system

pretext stop; Wren (Whren) v US 1996

police identify suspicious car usually based on race, if car is violating law, Sup Court ruled police can stop a car even tho that's not the real reason (and which trial ruled these constitutional?)

entrapment

police induce someone to commit crime who had no intentions of committing crime. essentially innocent person lured in they normally wouldn't do

judge

power employed by denying/accepting plea bargains, evidence rules, sentencing rules

legislators

power to define certain acts as illegal & punishable, & set amount of punishment, public safety usually reason for criminalizing certain behavior & employ moral definitions for which should be illegal (protection of public morality reason for many laws)

morals VS ethics

principles of right and wrong VS the discipline of determining good and evil and defining moral duties

libertarian VS utilitarianism

promote freedom from interference of gov in social/economic sphere; therefore, merit, entitlement, and productive contributions are given weight over need or equal shares VS attempt to maximize benefits for individuals and society with a mixed emphasis on entitlements and needs

beccaria & bentham, utilitarian justice; utilitarian

punishment should be based on seriousness of crime: more serious or greater reward, more serious punishment to deter individual from committing it. is correctional rehabilitation prevention acceptable under utilitarian or retributive?

1. rotten apple responses = improved sentencing, education + training, integrity testing by tempting officer to see how they respond, early warning/audit systems by looking at officer with behavioral patterns+dealing with it (brady list) 2. rotten barrel responses: organizational responses, internal affairs model, most common used not great successful, police don't like it & community doesn't trust it but may make decision but person can got o arbitration judge and get reduced punishment

reducing police corruption?

ride on an elephant, elephant is emotional component/subjective to behavioral choices while rider is cognitive, rational, ethical decision making but rider can't control elephant (Reason slave to passions) emotional reactions/responses overwhelm rationality in many circumstances

relationship between emotions and rationality example by Jonathan Haidt?

brady v maryland prens 1963

required government to provide defense with exculpatory info

immanual kant ethical formalism

says the only thing intrinsically good is good will. if someone does an action from a good will, it can be considered a moral action even if it results in bad consequences. if someone does something with ulterior motives, act not judged as ''good'' just because it results in good consequences

ethical dilemmas

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

egalitarian VS Marxist

start with basic premise of equality or equal shares for all VS place need above desert or entitlement

proactive

stings, informants, undercovers, like entrapment

deontological ethical system; ethical formalism

study of duty or moral obligation emphasizing intent of actor as element of morality, solely with inherent nature of act being judged (good good even if bad consequences); give ex?

deception; manufactured; manufactured

supreme court has said that ___ is constitutional, lower courts frowned upon ___ evidence but supreme court haven't ruled based on ___ evidence

religious ethics

the ethical system based on religious beliefs of good/evil, what is good is that which is God's will

ethics of virtue

the ethical system that bases ethics largely upon character and possession of virtues ''what is a good person?''

utilitanirsim

the ethical system that claims that the greatest good is that which results in the greatest happiness for the greatest number; major proponents are Bentham and Mill

identify all possible dilemmas & decide most immediate dilemma (analyze ethical dilemmas)

this can help us see that someones own moral or ethical dilemma is caused by others actions (polices ethical dilemma when faced with wrongdoing of fellow officer is direct result of that other officer making bad choice)

societal explanations

this explanation deviance refers to police taking clues from community w/ reference to degree to enforce laws (gambling/prostitution) if locals don't complain, leave alone unless gets out of hand

politics VS perverse incentives; (COMSTAT/Crime Mapping)

this explanation of deviance refers to how it can impact everywhere VS organization creates incentives that work against them, has these 2 programs that are good but can/has lead to corruption also in Broward

utilitarianism

this is inconsistent with egoism because to approve of all people acting in self interest is not logical & would lead to conflict. egoism would support exploitative actions of strong against weak

jeremy bentham utilitarianism

this person believed morality of action should be determined by how much it contributes to the good of the majority, human nature seeks to maximize pleasure and avoid pain, moral system should be consistent with this

aristotle

this person said we are by nature neither good/evil, become so through training & acquisition of habits

psychological egoism egoism

this relevant in natural law (self preservation natural) and utilitarianism (hedonism natural inclination). when person caught doing immoral things, what justifies their behavior?

frontal lobe

this seem to be implicated in feelings of empathy, shame, moral reasoning. damage to this may be related to unethical behaviors,, increased impulsiveness, decreased attention, rude behavior, not following instruction altho verbalized

Tennessee V Garner 1985

this trial regarding use of force determined that police can shoot any fleeing felon but Supreme Court found law unconstitutional (but can shoot if putting in danger)

lex talionis; lex salica

vengeance-oriented justice concerned with equal retaliation eye for eye tooth for tooth VS allows compensation, harm can be repaired by payment or atonement

principle of golden mean

virtue is always median b/w 2 extremes of character (proper pride mean b/w empty vanity and undue humility)