Ethics in Criminal Justice » (1st Edition)

By combining case studies and text, Ethics in Criminal Justice helps students prepare for the ethical situations they will encounter as criminal justice professionals. The text focuses on the morality of the individual professional with an emphasis on Aristotle’s virtue theory to help readers resolve ethical issues. It includes discussions of constitutional and religious ethics along with the more traditional discussions of philosophical and professional ethics. Included in the text are 52 case studies and numerous discussion questions to help spark classroom debate about ethics in criminal justice.

Part I: Preliminaries

1 Introduction: Challenges and Tools

Case 1.1 -- The Counterfeit Counterfeit 20s

Accountability and Integrity

Working Assumptions

The Challenge and Tools of Moral Leadership

Summary

Answers to Case Study Questions

2 Moral Decision Making: The Logic of Ethics

Case 2.1-- When Fred Shot Barney

Conclusions, Premises, and Good and Bad Arguments

Deduction versus Induction

Truth versus Validity

Fallacies

Case 2.2 Inside Information

Summary

Answers to Case Study Questions
Part II: Philosophical Ethics

3 Consequentialism

Case 3.1--Huck Finn and Jim

Three Basic Theories

Consequentialism

Egoism

Case 3.2 Antigone

Case 3.3 -- The State Trooper and the Injured Truck Driver

Utilitarianism

Case 3.4 – “The Rebellion”

Summary

Answers to Case Study Questions

4 Regularianism

Case 4.1 The Judge and the Moral Problem

Advantages

Objectivity

Common Starting Point

Advanced Preparation

Understanding Others

Shortcomings

Bad Rules

No Rules

Case 4.2 Towing the Boat

Conflicting Rules

Types of Rules

Divine Commands

Case 4.3 The Protective Wife

Laws

Codes of Ethics

The Golden Rule

Ubiquity

Consistency

Reciprocity

Summary

Answers to Case Study Questions

5 Deontology

Case 5.1 The Guilty Client

Advantages

Shortcomings

Case 5.2 Billy Budd

What Is Duty?

Genuine Duty versus Alleged, but False, Duty

Conflicts of Duty

Case 5.3 Sophie’s Choice

Is Acting from Duty the Only Way to Be Morally Good?

Summary

Answers to Case Study Questions

6 Virtue and Responsibility: An Aristotelian Approach

Case 6.1 The Hit and Run Son

Theories of Virtue

Rawl’s Synthesis

The Feminist Synthesis

Case 6.2 The Harassing Legislator

Aristotle on Virtue

Teleology

Virtue, Wisdom, and Happiness

Case 6.3 The Tipsy Judge

Virtue and Habit

Ethics and Morals

Sin

The Good and the Golden Mean

Cardinal Virtues

Integrity

Responsibility

Case 6.4 The Double Dipper

Aristotle’s View of Responsibility

Case 6.5 The Coerced Cop

Existentialism’s View of Responsibility

Summary

Answers to Case Study Questions
Part III: Constitutional Ethics

7 Law

Case 7.1 – The Abortion Clinic

Natural Law Theory

Case 7.2 -- The Supportive Rookie

Case 7.3 -- The Pot-Smoking Grandmother

Case 7.4 -- The Abusive Stepfather

Legal Positivism

Legal Realism

Case 7.5 A Speeder Gets a Break

Summary

Answers to Case Study Questions

8 Rights

Case 8.1 – The Handcuffed Candidate

Freedoms and Interests

Inalienable Rights versus Conferred Rights

Positive Rights versus Negative Rights

Case 8.2-- The Warrant That Wasn’t

Legal Rights versus Moral Rights

Case 8.3 – “Coke can!”

The Multiple Meanings of Rights

Challenges for Criminal Justice Professionals

Summary

Answers to Case Study Questions

9 Justice

Case 9.1 “Give me the gun!”

Distributive Justice

Case 9.2 Homeless but Harmless

Commutative Justice

Retributive Justice

Case 9.3 -- Improbable Cause

The Criminal Justice Professions

Summary

Answers to Case Study Questions
Part IV: Religious Ethics

10 Religious Ethics

Case 10.1 -- The Marriage Counseling Police Officer

Foundations

History

Case 10.2 -- Taking Sides

Case 10.3 -- Speech Unbecoming

Case 10.4 -- The Beard

Fundamental Tenets

Case10.5 – Lawful Entry

Moral Theology

Scripture

Tradition

Case 10.6 No Women Police Officers, Please

Case 10.7 The Sniffing Dog

Experience

Case 10.8 The Religious Police Lieutenant

Reason

Case 10.9 The Chaplain

The Morality of War

Case 10.10 – The Reluctant Sniper

War and Peace

Pacifism

Case 10.11 – “NYC Rabbi Organizing Armed Patrols Draws Anger”

Just War

Holy War

Summary

Answers to Case Study Questions
Part V: The Profession of Criminal Justice

11 Professions and Professional Ethics

Case 11.1 Far from Home

What Is a Profession?

Profession: A Traditional Definition

Profession: An Alternative Definition

Case 11.2 When in Rome…

Profession: An Ostensive Definition

Case 11.3 Only a Buck

Professional Ethics

Case 11.4 The Maternal Rookie

Professional Relationships

Case 11.5 The Neighborhood Cop Who Discouraged Pressing Charges

Professional Obligations: The Basic

Case 11.6 Florida Hurricanes

Professional Ethics As a Balancing Act

Summary

Answers to Case Study Questions

12 Ethics in the Legislature

Case 12.1 -- The Consistent Candidate

The Legislator

Significant Service to the Community

Greater Responsibilities and Rights

Case 12.2 The Lawbreaking Lawmaker

Self-Governance

Autonomy

Calling

Money As Means

Extensive Training

Staff, Lobbyists, PACs, and Journalists

Case 12.3 Quid Pro Quo

Staff

Lobbyists

Political Action Committees

Journalists

Summary

Answers to Case Study Questions

13 Ethics in Law Enforcement

Case 13.1 Serpico

Police

Significant Service to Society

Case 13.2 The Funeral of Za Chue Xiong

Greater Rights and Responsibilities

Self-Governance

Case 13.3 The Backup

Autonomy

A Calling

Money As Means

Extensive Training

Credentialing

Corrections

Case 13.4 Sheriff Joe and the Abortions

Ethics in Corrections

The Ethics of Parole and Probation

Case 13.5 – The Sex Offender

Summary

Answers to Case Study Questions

14 Ethics in the Courtroom

Case 14.1 – The Alford Plea

The Adversarial System

The Judge

Significant Service to Society

Greater Responsibility and Rights

Self-Governance and Autonomy

Calling and Money As Means

Extensive Training and Credentialing

Summary

The Lawyer

Case 14.2 Malpractice

Significant Service

Greater Responsibility and Rights

Self-Governance and Autonomy

Calling and Money As Means

Training and Credentials

Summary

The Jury

Case 14.3 The Activist Juror

Significant Service

Greater Responsibilities and Rights

Summary

The Court Reporter

Significant Service to the Community

Greater Responsibilities

Self-Governance and Autonomy

Training and Credentials

Calling and Money As Means

Summary

Answers to Case Study Questions
Part VI: Criminal Justice Ethics in the Future

15 Criminal Justice Ethics in the Future

Case 15.1—Seeing through Walls

Technology

Demographics

Case 15.2—Stem Cell Therapy: The Near Future

Population Growth

International Relations

Media

Influence

Information Overload

Moral Significance

Engagement, Education, and Ethics

The Need for Civic Engagement

The Need for Education

Public Sector Ethics

Summary

Answers to Case Study Questions

Index