Mid-term ethics
Professional courtesy
the practice of not ticketing an officer who is stopped for speeding or for other driving violations
gratuities
Items of value received by an individual because of his or her role or position rather than because of a personal relationship with the giver
Values
Judgements of desirability, worth, or importance
Intelligence
Must be reasonable suspicion that the target is involved in criminal activity
Noble cause corruption
- Ends justifies the means; The "end" of crime fighting justifies "means" that might be illegal, unethical and/or against rules or regulations
Ethics of Virtue
the ethical system that bases ethics largely upon character and possession of virtues
Ethics of Care
the ethical system that defines good as meeting the needs of others and preserving and enriching relationships
Substantive Justice
2 philosophies = retributive and utilitarian
Kohlberg moral stage theory
3 levels( egoistic, fitting into society, transcending society); 2 stages per level; hierarchical in nature
community policing
A model of law enforcement that creates partnerships with the community and addresses underlying problems rather than simply enforcing the law
Social Contract
A voluntary agreement among individuals to secure their rights and welfare in exchange for government protection
Blue Curtain of Secrecy a.k.a. Code of Silence
Absolute loyalty to other officers even if it means not coming forward to expose a wrongdoer. Police protect one another as the concept goes.
Acts that may be judged as ethical/unethical involve 4 elements
Act, only human act, free will, affect others
Ethics
Discipline of determining good and evil and defining moral duties. Refers to study and analysis of what constitutes good and bad conduct.
Ethical issues vs ethical dilemma
Ethical issues- any idea we can sit down and debate all night. Ethical Dilemma- Requires a choice. They are not the same
Asset forfeiture
Government seizures of cash, cars, homes, and other property used for criminal activity- not entitled to a lawyer
Immanuel Kant
Greatest German philosopher of Enlightenment-separated science and morality into separate branches of knowledge-science could describe nature, it could not provide a guide for morality.
Utilitarianism
Greatest good for the greatest number
Law Enforcement Code of Ethics
IACP- International association chief police- code of ethics for police officers
police accountability
Police accountability involves holding both individual police officers, as well as law enforcement agencies responsible for effectively delivering basic services of crime control and maintaining order, while treating individuals fairly and within the bounds of law.- gypsy
Discretion in criminal investigations: Proactive Investigations v. Reactive Investigations
Proactive investigations- officers initiate investigations rather than simply respond to crimes. Reactive investigations- police investigations the crime has already occurred and police sift through clues and evidence to determine the perpetrator. Must be objective and ignore assumptions.
Ethical Formalism
The ethical system espoused by Kant that focuses on duty; holds that the only thing truly good is a good will, and that what is good is that which conforms to the categorical imperative.- absolutist system
egoism
The ethical system that defines the pursuit of self-interest as a moral good.
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.
race, ethnicity, and justice
The issue of race permeates the criminal justice system, with discussions concerning the disproportional representation of Blacks in certain crime categories, racial profiling by police, lack of access to competent attorneys, and disparate sentencing.
internal affairs model
They are viewed as ineffective
Confidential Informants v. Undercover Officers
Two separate types of people- "Informants" (civilians) assist police by providing information about criminal activity. "Undercover" officers observe or even participate in illegal activities in order to learn information and ultimately catch criminals.
Leadership and ethical organization
Unethical, not doing things correctly
Entrapment
When an otherwise innocent person commits an illegal act because of police encouragement or enticement
Jeremey Bentham
a British economist and philosopher who advocated for utilitarianism
corruption
acting on opportunities, created by one's authority, for personal gain at the expense of the public one is authorized to serve
Supererogatories
actions that are commendable but not required in order for a person to be considered moral
confirmatory bias
fixating on a preconceived notion and ignoring other possibilities, such as in regard to a specific suspect during a police investigation
Three approaches to moral development
biological factors, learning theory, and Kohlberg's theory
Reducing police corruption
bodycams and videos, integrity testing, improved screening, education training, early warning
restorative justice
concerned with meeting the needs of all concerned (particularly victims); crime is viewed as natural human error to be dealt with by the community
Police
crime fighter or public servant; combination of the two
Two dangers in CJ
cynicism and burnout- often lead to unethical acts.
Most ethical dilemmas derive from
discretion
Procedural Justice
due process procedural steps designed to eliminate error in any governmental deprivation
graft
exploitation of one's role for illegal financial benefit
Justice
fairness, equality, and impartiality
Biological factors
genetics; gender; brain injuries
Possible weakening of the subculture attributed to
increasing diversity of police recruit, police union, and civil litigation and bodycams
Consent decrees
legal agreement between the justice department and police department whereby the police dept. agrees to perform specific activity and submit monitoring to ensure to avoid a lawsuit
Interrogations and false confessions
lying during an interrogations is perfectly ethical and the vulnerability of juveniles and those disabled may lead to false confessions. one researchers estimate that about 5% of confessions are false, leading to false convictions.
Learning theory
modeling; reinforcement
Religion
most often used ethical system
civil obedience
not done in a violent way
Procedural protections of due process may include-
notice of charges, neutral hearing body, right of cross-examination, right to present evidence, representation by counsel, statement of findings and appeal.
racial profiling
occurs when a police officer makes a traffic stop based primarily on race or ethnicity. A "pretext" stop refers to the practice of police officers using some minor traffic offense to stop an individual and in the course of the stop, look for other evidence or wrongdoing, specifically by a search, usually couched as a "consent" search
Morals
principles of right and work. Refers to what is judged as good conduct.
Duties
required behaviors or actions, that is, the responsibilities that are attached to a specific role
Albert Bandura
social psychologist; developed social learning theory and the idea of modeling.
Discretion
the authority to make a decision between two or more choices
Deontological Systems
the study of duty or moral obligation emphasizing the intent of the actor as the element of morality
Wrongful convictions/innocence project
there is no greater injustice than an innocent person being convicted of a crime and spending years in prison, or, worse, being executed
authority
unquestionable entitlement to obeyed that comes from fulfilling
Ethical systems
we use them subconsciously, guidelines/principles by which one makes moral decisions; use multiple systems