Ethical Issues in Criminal Justice

What is the practice of not ticketing another officer called?

"Professional Courtesy" -often give warnings instead -violation of the "code of ethics" if other treatment would have been given to an ordinary citizen.

What is the continuum of force policy?

(Meeting resistance with force)/(escalation because of resistance) -or a gratuitous application of force that was not necessary to subdue a subject.

What case requires that exculpatory evidence be presented to the defense when it becomes present? [Facts that support innocence]

********Brady v. Maryland

Ways that you CAN violate the attorney-client privilege?

*When the client consents *When required by law or court order *When defending oneself (or employees) from accusation of wrongful conduct *To prevent certain death or substantial bodily harm *To prevent the client from committing a crime or fraud that will result in substantial injury to the financial interest or property of another *To prevent, mitigate or rectify substantial injury to the financial interest or property of another that will result from the client's commission of a crime when the lawyers services are being used

Critical Thinking: --You are a prosecutor preparing for a case with significant media attention. There's a trial date set and you have several things to attend to. The Judge is facing reelection at the same time. What should you do?

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Critical Thinking: --You are an attorney in local court representing an aggravated assault and battery case. The prosecutor wanted to charge the suspect with attempted murder. It was thought that the suspect used a weapon during the assault. Yet, the defendant maintains no weapon was present. What would you do?

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Critical Thinking: PG 207 -Internal affairs is investigating corruption of a police department. A young rookie officer will be riding along (undercover) in the car with an older officer in order to discover corruption. What must happen?

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Critical thinking: A bomb exploded at the Georgia Olympics. 1 person killed, 100 injured. A suspect was named and released to the media. He was followed and persecuted by these and made to look guilty because he had moved and helped people get out-of-the-way.

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Do people believe that we use excessive force too often? PG 165-166

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Emile Durkheim- The Paradigm of Law

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What is the most serious police ethics issue?

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What are some legitimate reasons that would keep a prosecutor from filing charges against a defendant?

1.Discretion 2.No Probable Cause **Legal sufficiency System efficiency Defendant rehabilitation Trial sufficiency

What is the percentage of female officers that have been sexually harassed at work?

70% of female officers reported having been sexually harassed by other officers.

What is the difference between a gift and gratuity?

A gift is something that is clearly given with no strings attached. Nothing is expected in exchange. Ex: When a citizen pays for a police officers' meal without telling the officer. When the officer gets ready to pay- the bill is already taking care of. **It's okay because he did not know very warm

What is the "classic father confessor" regarding interrogations?

A sympathetic paternal figure for the defendant to confide to. -Or "good cop / bad cop" -(a nice guy, and seemingly brutal threatening officer) are ways to induce confessions and/or obtain information without using force.

What is a Legal Tool used by the Government to confiscate property and money from ill gotten gain?

Asset Forfeiture... **(RICO) provision that allowed the confiscation of property and money associated with organized criminal activity. **In 2008, more than 1 billion in net forfeiture funds. **Clinton signed the reform act which brought the burden of proof back to the government.

Problem with using informants?

Biggest: Highly questionable reliability - Presents temptations for LEO's to do unethical acts because of the relationship with them -May compromise LEO's judgement -May cause LEO's to violate the law by paying with drugs or tips -Leo's may protect the informant from other LEO's for diff crimes -LEO'S may unknowingly be used to steer them in a different criminal direction that that of the informant.

Pro Se

Defending oneself in court --A latin term meaning "on one's own behalf"; in courts, it refers to persons who presents their own case WITHOUT A LAWYER.

What is the ethical argument against undercover officers having intimate relationships with suspects?

Ethics of care. -Violates our sense of privacy to a much greater extent -Not just sexual intimacy, but rather a relationship the crosses from acquaintance into friend. Greater moral duties are present in intimate relationships that in public ones. There's damage to all when personal relationships are used deceptively, in fact some argue that an intimate relationship may take precedence over a concern for social well-being. This comes from an ethics of care position.

Plea Bargaining

Exchange of a guilty plea for a reduced charge or sentence. --The vast majority of CJ cases are settled this way. ***Defense attorney's goal is: to get the best possible deal for the client (probation or the shortest prison sentence that the prosecutor is willing to give for a guilty plea).

Citizens from which country profess to trusting the police more than any other professional?

Finnish people trust their police more than even their court and church officials. -they're highly educated -use public-service model of policing.

What is BAKSHEESH?

Graft- (regarding corruption)- any exploitation of one's role, such as excepting bribes, protection money, or kickbacks.

Who are civilians that help police?

INFORMANTS: - Are not police officers but assist police by providing info about criminal activity, acting as buyers in drug sales or otherwise "setting up" a criminal act so police may gather evidence against the target. -Typically NOT middle class, upstanding citizens -Inform in exchange for money, dropped or reduced sentencing, or drugs supplied by officers.

Plea Bargaining (again)

In jurisdictions that have determinate sentencing, plea bargainibg has bevome "charge bargaining" instead of "sentencing bargaining". ** Is more efficient **Promotes crime control and bureaucratic efficiency **Felony 20X more likely to plead than trial **86% of federal cases resolved through plea bargaining

What is gratuity?

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. -Prohibited by the Formal Code of Ethics -EX: 1/2 Price or Free meals at restaurants 1/2 Price Dry cleaning

What is Legal Paternalism? (Ethics of Care & Utilitarianism)

Laws that protect individuals from hurting themselves or Laws in which the state tries to protect people from their own behavior. **1. Decision making process must be lacking or impaired **2. Restriction should be as limited as possible **3. Should seek only to prevent a serious and irreversible error (DUI's) EX: Helmet laws, speed limits, drug laws, licensing laws, alcohol consumption and sale laws, smoking prohibitions, and laws limiting certain types of sexual behavior.

What is entrapment?

Occurs when an otherwise innocent person commits an illegal act because of police encouragement or enticement. Subjective—Focuses on the defendant and his/her predisposition to crime. Objective—Focuses on the government and whether it provided "essential element" to the crime.

What is the 3rd degree?

Physical force in the form of beatings or threats of force were used to get a confession. --It is no longer used, so officers have resorted to persuasion, including the use of deception.

John Stuart Mill

Proposed the "Harm Principle" --The idea that every individual should have the utmost freedom over their own actions unless they harm others. --The law would restrict only those actions that can or do cause harm to others such as assault, attempted murder, or theft. --Also encompasses preventing offense to others, preventing harm to self (paternalistic laws), and preventing harm to societal morals.

Positivist laws are written and enforced by who?

Society. -HUMAN MADE, and therefore, fallible.

Pro Bono

State ethics rules section on public service mandates that lawyers provide some FREE legal service, and otherwise contribute to the legal community and society in general.

What is the "Social Contract Theory"?

The concept developed by Hobbes, Rousseau, and Locke in which the state of nature is "a war of all-against all" and thus, individuals give up their liberty to aggress against others in return for safety. --The contract is between society which promises protection, and the individual promises to abide by the laws.

What is the Consensus Paradigm?

The idea that most people have similar beliefs, values, and goals and that societal laws reflect the majority view. -- Views society as a community conisiting of like-minded individuals who agree on goals important for ultimate survival. **Functionalist view- see's laws as aiding growth/survival of society. 1.Law is representative 2.Law reinforces social cohesion 3.Law is value-neutral

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.

Attorney-Client Privilege

The legal rule by which an attorney cannot disclose confidential information regarding his or her client, except in a very few specified circumstances. **Parallels to husband and wife, and priest and penitent.

2010 Arizona Immigration Law gave police the authority to do what?

To inquire about citizenship if there is a reasonable suspicion that the person is here illegally..

Legal Agents

When a client wants you to commit some act contrary to good conscience: **The attorney is no more than the legal agent of the client. The lawyer is neither immoral nor moral, but merely a legal tool. -Represented by the statement: "I am a lawyer, first and foremost".

Moral Agents

When a client wants you to commit some act contrary to good conscience: **The lawyer has to adhere to his or her moral code. The client's interests come first only as longs as they do not conflict with the lawyer's morality and ethical code. If there is a conflict, the lawyer follows his or her conscience.

Knapp Commission (Frank Serpico) 1970-1971

Wide ranging investigation of police corruption due to: --A series of stories written by the New York Times entailing the "pad" (payments by store owners to ensure the cops would be there when needed) corruption problem brought forth by Frank Serpico and David Durk (after talking to supervisors to no avail). He became known as "the cop who didn't want the money". To be called "Serpico" means a rat and is considered an insult.

Are campaign donations from practicing attorneys allowed in jurisdictions where judges are elected allowed?

Yes. It is standard practice. In fact their campaign manager is a practicing attorney.