Ethical Dilemmas and Decisions in Criminal Justice, 7th ed. Chapter 11-14 Exam
What is "Tune ups"?
"Lessons" taught to inmates by Texas prison guards that involved verbal humiliation, profanity, shoves, kicks, and head and body slaps.
What is Retribution?
a rationale for punishment that states the punishment is an end in itself and should be balanced to the harm caused
What is • Community corrections?
a term that encompasses halfway houses, work release centers, probation, parole, and any other intermediate sanctions, such as electronic monitoring, either as a condition of probation or as a sentence in itself that takes place in the community rather than prison
What is Cruel and unusual punishment?
punishment proscribed by the 8th amendment
What do prison officials have to prove when responding to prisoner complaints?
→ Prison officials only have to prove a "rational relationship between prison policies or procedures and the correctional goal of safety and security.
Describe two traditional rationalizations of war?
1. Natural law 2. Positivist law
What are the three kinds of retribution?
1. Negative retribution: dictates the one who is not guilty must not be punished for a crime 2. Positive retribution: demands that one who is guilty ought to be punished 3. Permissive retribution: allows that one who is guilty may be punished
What are the 5 goals of corrections?
1. Retribution 2. Reform 3. Incapacitation 4. Deterrence: 5. Rehabilitation
What is Nonfeasance?
Acts of omission such as ignoring rule violations.
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 head.
What is Tucker Telephone?
An electrical device attached to the genitals of inmates that delivered servere shocks as a form of torture; formerly used at an Arkansas prison farm.
What is Innocence project?
An organization staffed by lawyers and law students who reexamine cases and provide legal assistance to convicts when there is a probability that serious errors occurred in their prosecution.
What are the types of corruption by correctional officers identified by Souryal?
Arbitrary use of power (treating workers or inmates preferentially or in a biased • fashion) Oppression and failure to demonstrate compassion/caring • Abusing authority for personal gain (extortion, smuggling, theft)
What is Positivist law?
Human made law.
What is Misfeasance?
Illegitimate acts done for personal gain.
What is Restorative Justice?
It is an approach that seeks to provide reparation rather than retribution
What is Prison Reform Litigation Act of 1996?
Its purpose is to provide an effective case-management plan for prisoner civil rights cases. The PLRA focuses on court practices for processing in forma pauperis suits, in light of the fact that the overwhelming majority of prisoner cases are filed pro se and in forma pauperis. Because the majority of prisoner civil rights complaints are decided on the pleadings and disposed of without trial, the PLRA places most of the administrative burden on the district courts in the areas of initial screening and pretrial processes.
What sort of relationship should CO's and inmates have?
Justice officer and inmate. Professional only.
What is Prison Rape Elimination Act?
Passed by Congress in 2003, mandated that every state keep a record of prison rapes and allocated money to study the problem and develop solutions.
What are some of the ethical issues involved with parole boards?
Peter Maas's (1983) book Marie details a scheme in Tennessee that involved selling paroles to convicts. In the early 1990s, ex-parole board members in Texas were found to have sold their services as "parole consultants" to inmates and inmates' families in order to help them obtain a favorable release decision
One out of every thirty one Americans is under correctional supervision. The United States has 5% of the world's population but 25% of the world's prisoners. What are some examples of programs that fall under the rubric of restorative justice?
Sentencing circles, family group counseling, victim-offender mediation, community reparation boards, and victim education programs
What is Shaming- stigmatizing and reintegrative?
Stigmatizing: effect of punishment whereby the offender feels cast aside and abandoned by the community - Reintegrative: Braithwaite's idea that certain types of punishment can lead to a reduction of recidivism as long as they do not involve banishment and they induce healthy shame in the individual
What is Reciprocity?
Sykes's term denoting the situation in which officers become indebted to inmates and return favors.
Describe the Zimbardo experiment and what we learned from that experiment. In this experiment, college men were arbitrarily assigned to be guards or inmates, and a mock prison was set up in the basement of a building on the grounds of Stanford University.
The changes in both groups were so profound that the experiment was canceled after six days. Zimbardo (1982) noted that about one-third of the guards became brutal and authoritarian, and pris- oners became manipulative and exhibited signs of emotional distress and mental break- down.
What can corrections management do to promote "civility" among officers?
Treating all staff fairly and impartially • Promoting based on true merit • Showing no prejudice • Leading by example • Developing a clear mission statement • Creating a positive code of ethics (a list of dos, rather than don'ts) • Creating a culture that promotes performance, not seniority • Soliciting staff input on new policies • Being respectful • Getting the word out that upper management cares about ethics.
What influences are important in determining the "civility" of a corrections institution?
as being influenced by the level of education required for hire, the amount of in-service training officers receive, the policies regarding employees who act in unethical ways, and the presence of a professional association or union that can effectively monitor the agency's practices. He also discusses the importance of integrated thinking (use of reasoning and wisdom) and moral agility (distinguishing between shades of moral choice). To improve the ethical climate of an agency, he advocates upgrading the quality of personnel, establishing quality-based supervisory techniques, strengthening fiscal controls, and emphasizing true ethical training.
What is Expiation?
atonement for a wrong to achieve a state of grace
Why is the California corrections system described as corrupt from the top down?
because investigations of wrongdoing seemed to be thwarted by powerful union leaders.
What is Atkins v. Virginia?
cannot put a man who has serious mental retardation to death
What is Kennedy v. Louisiana?
death penalty was not proportional to the crime of rape and would violate 8th
What is Roper v. Simmons?
juvenile offenders cannot be given death sentences, it will violate 8th & 14th amendment
Are male officers more likely to have sexual relationships with inmates than female officers?
officers having sexual relationships with inmates is about equally divided between female officers and male officers
What is Terrorism?
the "deliberate, negligent, or reckless use of force against noncombatants, by state or non-state actors for ideological ends and in the absence of a substantively just legal process"
What is Principle of double effect?
the concept that a means taken for a good end results in the good end but also in an inevitable but unintended bad result
What is Treatment ethic?
the idea that all criminal acts are symptoms of an underlying pathology
Crime control approach?
the law enforcement concept that uses means-end or utilitarian thinking to determine good by the result, which is crime control
What is Public service approach?
the law enforcement principle whereby the values and ethos of law enforcement and justice professionals focus on human rights including the right to due process, and the fundamental duty of all public servants is to protect those rights
Rights based model?
the policing approach that recognizes the police as servants of the public good; although crime control is important, protection of civil liberties is the fundamental mission
What is New rehabilitationists?
theorists and researchers who believe that evidence shows that rehabilitative programs do result in lower recidivism
What is Punishment?
unpleasantness or pain administered by one in lawful authority in response to another's transgression of law or rules
What are some of the norms of correctional officer's subculture according to Kauffman?
→ Always go to the aid of another officer → Don't lug drugs → Don't rat → Never make a fellow officer look bad in front of inmates → Always support an officer in a dispute with an inmate → Always support officer sanctions against inmates → Don't be a white hat → Maintain officer solidarity against all outside groups → Show positive concern for fellow officers
Do CO's have more or less discretion today than in the past?
→ CO's have much less discretion today than in the past.
What are some of the ethical issues involved for treatment professionals in correctional facilities?
→ Confidentiality: The inability to keep prisoners'' secrets → Protection of psychological records: Whether or not psychologists should create "shadow files" that are not subject to view by other staff → Informed consent: Whether consent is possible from coerced population → Assessment: What the psychologist's role is when assessment is used for correctional purposes → Corroboration: The importance of not accepting everything the inmate says, as the inmate may be engaged in "impression management" → Refusal of services: Whether psychologists should honor an inmate's refusal of psychological services. → Nondiscrimination: Treating all inmates equally regardless of group membership or individual characteristics → Competence: The importance of being aware of the boundaries of one's competence → Knowledge of legal structure: Being aware of the rights of the parties involved → Accuracy and honesty: Making clear the limits of predictive validity of psychological assessments → Misuse of psychological information: Refusing to allow file information to be misused damage an inmate's interests → Multiple relationships: Avoiding dual roles (such as assessment and treatment), which is problematic and creates confusion for the client.
What punishment model do utilitarians promote?
→ Deterrence, incapacitation, and treatment [teleological- Jeremy Bentham]
What is the Foreign Surveillance Act and what rights does it protect?
→ Foreign Surveillance Act (FISA) was passed, which created the Foreign Intelligence Surveillance Court (FISC), consisting of 7 federal district court judges appointed by Supreme Court's chief justice; wiretapping → It protects the right to electronically eavesdrop and wiretap, physical entries, permit pen/trap orders (record telephone numbers) and business records - If target is U.S. citizen there must be probable cause that their activities may involve espionage and a warrant must be requested and obtained from the FISC
What did California Supreme Court hold in Tarasoff v. Regents of the University of California?
→ From a case that held psychologist liable for not warning a victim of imminent harm from one of her clients. Treatment professionals do have legal duties to third persons if they cause to reasonably believe that one of their clients is going to harm that person.
What is the difference between general deterrence and special deterrence?
→ General deterrence: what is done to an offender to prevent others from deciding to engage in wrongful behavior; through example → Special deterrence: what is done to offenders to prevent them from deciding to commit another offense; societal impact; works on rational people & those who are not substance abusers or users; through punishment
What sorts of relationships should CO's and inmates stay away from?
→ Intimate relations (not have) → Physical abuse ("tune-ups") lessons taught to inmates by prison guards that involved verbal humiliation, profanity, shoves, kicks, and head and body slaps
Who is John Rawls and what is his theory of punishment?
→ John Rawls presents an alternative to utilitarianism and retributivism. 1. We must punish only to the extent that the loss of liberty would be agreeable were one not to know whether one were to be the criminal, the victim, or a member of the general public [veil of ignorance] 2. The loss of liberty must be justified as the minimum loss consistent with maintenance of the same liberty among others
What are private prisons and what advantages and disadvantages do they have as compared to publicly run prisons?
→ Private prisons are built and then leased to the state or, in some cases, actually run by the private corporation, which bills the state for the service → ADVANTAGES: according to Bourge, private facilities can provide quality, - costs savings of 5 to 15% - → DISADVANTAGES: private corporations may cut corners and construct buildings without meeting proper standards for safety - Possibility that a private contractor will attempt to maximize profits by ignoring minimum standards of health and safety, and will if necessary bribe inspectors or monitors to overlook deficiencies -
What is the difference between probation and parole?
→ Probation has a more positive and helpful image than does parole. However, even in this subsystem of the criminal justice system, the ideals of justice and care become diluted by bureaucratic mismanagement and personal agendas. → Parolees are perceived to be more of a treat to the community, so the supervision role of parole officers is emphasized much strongly than in probation.
How would the various ethical systems view capital punishment?
→ Public Support: 63% of the American population support capital punishment → Research: support is 20-25% for capital punishment among whites → Retentionists: believe we should continue to utilize capital punishment → Abolitionists: believe we should not exercise capital punishment anymore → Religion : different religions have different views → Atkins V. Virginia held that a person with an IQ of 59 could not be put to death → Roper V. Simmons no juveniles can be put to death → Kennedy v. Louisiana death penalty was not proportional to the crime of rape
What punishment model do ethical formalists promote?
→ Retributive view of punishment [deontological-Immanuel Kant]
What are three strikes laws and what are the pros and cons of such legislation?
→ Sentencing legislation that imposes extremely long sentences for repeat offenders- in this case, after three prior felonies → PROS: creates deturace, keeps people safe, imprisons the guilty. → CONS: it incarcerates those who are past their crime-prone-age years; incarcerate nonviolent offenders for long periods of times; so expensive that it draws resources away from other social needs, such as school. Some offenders convicted of minor third felonies have received 25 to life in prison; African-Americans tend to be disproportionately affected
What has been held to be cruel and unusual punishment?
→ Some sentences given to offenders, especially some conditions attached to a probation sentence, have been criticized as being inhumane
What are some forms of "coercive interrogation techniques"?
→ Subjected to loud noises and extreme heat and cold → Deprived of sleep, light, food, and water → Bound or forced to stand in painful positions for long periods of time → Kept naked and hooded → Thrown into walls → Sexually humiliated → Threatened with attack dogs → Shackled to the ceiling
What is the significance of Hamdi v. Rumsfield?
→ Supreme Court held that U.S. citizens could not be held indefinitely without charges even if they were labeled enemy combatants
What is the difference between a jail officer and a corrections officer?
→ The job of a jail officer is even more difficult than that of correctional officer because jail officers must deal with a transitory population rather than a fairly stable one.
Are CO's entitled to use force in correctional supervision? What are the limits?
→ The use of force is a legal and sometimes necessary element of correctional supervision, and most observers say that the serious abuse that occurred in prisons in the past simply does not take place today.
What are 3 types of corrections officer personality types?
→ The violence-prone, who use the role of correctional officer to act out an authoritarian role. → Time servers, who serves time in prison much the same way as the inmates do, avoiding trouble and hoping that nothing goes wrong on their shift. → Counselor, who seek to enlarge their job description and perceive their role as including counseling and helping the inmate rather than merely locking doors and signing passes, This type of officer has been called human service officer and incorporates the task of providing goods and services, acting as a referral agent or advocate, and helping with institutional adjustment problems.
What do national security letters allow?
→ They allow access to private information without a warrant - Issued by FBI; recipients of such a letter cannot tell anyone of the letter
What would utilitarians have to say about torture? Ethical formalists?
→ Utilitarians: The ends justify the means, if it is for the greater good then it must be done. → Ethical formalists:It is cruel to treat people like this in any way.
Once was is undertaken, what means are acceptable in fighting the war according to utilitarians and according to ethical formalists?
→ Utilitarians: in determining :just means," the extent of harm is weighed against the end or injury averted, just as when one asks if the war is justified → Ethical formalists: does not look at the consequences of an action to justify it; however the principle of double effect states that if one undertakes an action that is a good, but also results in a negative end, as long as the negative end was not the intent of the actor, the good action & good end can be considered a good
What are some moral justifications for war?
→ Violations must be knowable to all → Violations must be widespread and systematic → Force used must save more lives than it injures
What punishment model do ethicists of care promote?
→ Would not support punishment unless it was essential to help the offender become a better person [Heidensohn and Daly]
Can prison officials administer anti-psychotic drugs against a prisoner's will?
→ Yes. The Court held in Washington v. Harper, that an inmate's right to refuse such medication did not outweigh the state's need to administer it if there was a showing that the inmate posed a security risk
