Reference no: EM132509812

CRJA 3700 Paper Assignment

Cp. 1 MORALITY, ETHICS, HUMAN BEHAVIOR

Applied ethics study of what is right or wrong pertaining to a specific profession or subject
Discretion decision making without visibility
Duties-required actions or behaviors- responsibilities attached to a certain job
Ethical dilemmas- difficult to make a decision, right course is not clear or brings negative consequences
Normative ethics-defines moral duties
Professional ethics -applied principles to certain professions-may be codified
Superogatoriesactions that are commendable but not duties
Values- develop whole sight exploring issues with your heart and mind; judgements of desirability, worth or importance

Cp. 2 DETERMINING MORAL BEHAVIOR
Utilitarianism ethical system that claims the greatest good, greatest happiness for greatest number
Categorical imperativesomethings must be, with no need for justification, imperative that you do your duty, act in a way you want everyone else to act and don't use people.
Cultural relativism values and behaviors vary from culture to culture
Deontological ethical systemstudy of moral obligations emphasizing the intent of the actor not the outcome.
Egoismself- interest is a moral good
Ethical formalismThe only truly good is a good will, that which is good conforms to the categorical imperative-do the right thing!
Ethical systema structured set of principles that defines what is good
Ethics of care, virtuedefines good as meeting the needs of others, and preserving/enriching relationships
Moral pluralismdifferent definitions of what is moral in different situations
Natural law-principles of right and wrong are found in nature
Peacemaking justice-compassion and care, connectedness:
Principle of forfeiture-you give up your right to respect if you abrogate others rights-
Principle of golden mean close to virtue; concept of moderation, not excess, not deficiency
Religious ethics ethical system based on religious belief, what is good is what is god's will
Situational ethicsdifferent situations call for different responses, so right and wrong are relative to the situation
Teleological ethical systemConcerned with the ends of the action to determine goodness

Cp. 3 JUSTICE AND LAW
Civil disobediencevoluntarily breaking the rules based on personal beliefs
Corrective justice when unfair advantage occurs or unjust enrichment, what should be the remedy?
Distributive justicewhat measurement should be used to allocate societies' resources
Due process Constitutional rights adhered to
Equalitysame values, rights or treatment to a specific group
Fairness the condition of being impartial, equal shares, equity
Impartialityequitable, evenhanded, unbiased
Procedural justicelegal steps necessary to reach a determination of guilt or punishment--Constitutional
Restorative justicecorrective justice that focuses on meeting the needs of all concerned
Retributive justicepunitive, punishing, eye for an eye
Sanctuarychurch power, respite from punishment
Substantive justicethe formalized law such as the penal code
Redemption rehabilitate, absolve, atone for unethical behavior
Utilitarian justicethe type of justice that looks to the greatest good for all as its end
Veil of ignorancefair principles of distribution will come if you don't know what you're getting out of it

Cp. 4 BECOMING AN ETHICAL PROFESSIONAL
Developmental theories- moral decision making will be the result of functional development
Kohlberg's moral stagesmoral development is hierarchical, higher development moves individuals away from egoism
Reinforcement- rewards for either abstaining or participating in some behavior
Self-efficacy feeling of confidence and competence

Cp. 5 THE POLICE ROLE IN SOCIETY
Authority- unquestionable entitlement that has to be obeyed coming from a specific role
Blue curtain of secrecycode of silence used when officers behave unethically
Code of silenceofficers not coming forward when they are aware of transgressions
Community policingout of the squad, mingling, meeting the needs of the community
Discretion- decision making with authority
Public servantsa high level of integrity in your work ethic
Social contractindividuals give up the war against each other for the safety and protection of government
Zero tolerance policy-no transgressions are permitted

Cp. 6 POLICE DISCRETION AND DILEMMAS
Stereotypesshort hand way of judging others based on falsehoods, superstition, and fear
Consent decree court ordered monitoring of an institution
Deviant lies false statements used for unethical purposes
Entrapmentgovernment lures citizens into crime
Informantscitizens who work for the government for self-interest, giving information "snitches"
Racial profiling-shortcut method to identify a "suspect" using racial characteristics and ascribing criminal behavior to those individuals.

Cp. 7 POLICE CORRUPTION AND RESPONSES
Civilian review /complaint modelEquitable way of allowing the community to bring questionable law enforcement to a review board
Graft- exploiting your role to accept financial benefits-bribes
Gratuities-receiving items of value because of your position
Integrity testingsting operations to see if officers will make the right decision
Internal affairs modelthe police policing themselves with investigations of questionable behavior
Rotten-apple argument the officer does not have the ethical/moral responses and should not be hired
Racism- structural, individual, implicit, explicit, bias, stereotypes, internal to individual, external to institutions in our society.

Cp. 8 LAW AND LEGAL PROFESSIONS
Bureaucratic Justicethe goal is efficiency, no case is viewed as "individual", follow the rules
Conflict Paradigm groups in society of have fundamental differences and that those in power control societal elements, including the law
Consensus Paradigm the idea that most of us have similar ideas, beliefs, values and societal rules reflect the majority
Good Samaritan Laws-legislation that prohibits passing by an accident or witnessing a crime and not rendering aid
Legal moralism A justification for the law that allows protection and enforcement of societal morals
Legal paternalismlaws that help individuals from hurting themselves.
Mechanical solidaritySocietal solidarity arises from similarities among societies members
Natural law the principals of right and wrong are in nature
Organic solidaritysocietal solidarity as arising from differences among people, e.g. division of labor
Pluralist paradigmThere are many groups in society that may form allegiances and coalitions in a dynamic exchange of power
Positive law law made by individuals
Repressive law law controls behavior which is different from the norm
Restituitive lawAn individuals is returned what he has lost from an illegal act.
Wedding cake illustration Top are the most important cases-homicides, bottom are the least important and receive minimal due process.

Cp. 9 DISCRETION AND DILEMMAS IN THE LEGAL PROFESSION
Asset forfeiture- property which is confiscated because it was used in a crime
Attorney-client privilegerelationship of confidentiality, information (past) cannot be divulged, future crimes require the attorney to recuse himself.
Criminalisticsthe science of forensics
Federal sentencing guidelinesMandated by Congress, undercut by the USSC, Judges have more discretion
Halo effect an individual competent in one area is believed to be competent in all areas
Plea bargaina method to avoid trial, with a bargain that benefits the govt and the individual
Shadow juryused by jury consultants, individuals sit through trial and give their opinion to the lawyer who they were hired by.
Situational model a conceptualization in which lawyers weigh the priorities in each case and decide each case on the particular factors present.
Systems modelAn absolute or legalistic model in that an attorney's behavior would always be considered wrong or right depending on the ethical rule guiding he definition.

Cp. 10 ETHICAL MISCONDUCT IN COURTS AND RESPONSES
Ineffective Counsel- often cited for false convictions, includes defense counsel misbehaviors
Prosecutorial misconduct-everything from minor ethical lapses to Brady violations.
Suborning perjury- forbids knowingly allowing false evidence to be admitted
Jailhouse informants-many ethical issues with using individuals who are incentivized to lie.
"Testilying"- police officers who lie or exaggerate the facts.
Expert Witnesses- testify to scientific evidence-their credibility is always in question
Brady Violations- failure by prosecutors to disclose exculpatory evidence to defense
Wrongful convictions- multiple reasons; mistaken eyewitness, false confessions, DNA, racial bias.
Confirmatory bias- ignoring evidence which is contradictory to what individuals believe.
Prosecutorial immunity-complete except for blatant Brady violations or evidence tampering.
Strict constructionists- view that an individual has no rights unless spelled out in Constitution or created in the law.
Interpretationists-Looser reading of the Constitution, recognizes evolving standards.
Natural rights- concept that one has certain rights just by virtue of being born, these rights are not created by humans, although they can be ignored

Cp. 11 ETHICS OF PUNISHMENT AND CORRECTIONS
8thamendment cruel and unusual punishment- Constitutional right to due process in prison-standards are set by the USSC and have included, food, clothing, reading, exercise, use of force against inmates, solitary confinement, medical care.
Cynicism those who work in corrections and have become pessimistic about human nature, inmates and their jobs
Deterrenceis what is done to offenders to prevent them from deciding to offend again, should be swift, certain, proportionate to the crime.
Expiationatonement for wrongs
Incapacitationtaking away your liberty
Just deserts modelpunishment should be limited by the seriousness of the crime, treatment offered
Justice modelpunishment should be purely retributive and balanced to the seriousness of the crime
New rehabilitationiststreatment and rehabilitation does work
Penal harmThe system intentionally inflicts harm because confinement is not sufficient
Pluralistic ignorancea belief becomes popular because of a vocal minority
Preventiona rationale for punishment that views it as a means rather than an end and embraces any method that can avoid crime.
Punishment- Pain administered by lawful authority for transgression from the rules
Reintegrative shamingcertain types of punishment can lead to reduction in recidivism as long as it's not banishment and they produce healthy shame in the individual
Retributionrationale for punishment that makes punishment an end in itself (no other reason to inflict it except you broke the law)
Stigmatizing shamingbrings about psychological pain as a means to punish and rehabilitate
Three strikes laws-Harsh laws for reoffenders and makes their third offense a lengthy sentence
TreatmentAny method used to induce behavior change
Treatment ethicthe idea that all criminal behavior is a function of underlying pathology

Cp. 12 DISCRETION AND DILEMMAS IN CORRECTIONS
Community correctionsnoninstitutional facilities from jail-detention-halfway-houses
Correctional officer-replaces prison guard, individual who works in a penal facility
Human service officerthe corrections officer who views his work with 'social work' perspective
Passive time server does the bare minimum and is cynical and needs to change jobs
Punitive law enforcerOfficer who perceives his job as an enforcer of the rules
Reciprocity giving something to get something back-a problem with officers/inmates
Tucker telephone- punitive device used on male inmates genitals
Tune-ups-rough treatment by officers, probably violations of the 8th amendment
Welfare-therapeutic worker-officer who see himself as affecting positive change in individuals

Cp. 13 CORRECTIONS PROFESSIONALS: MISCONDUCT AND RESPONSES

Misfeasance- illegitimate acts done for personal gain
Malfeasance- Acts that violate authority
Nonfeasance- Acts of omission
Griffin v Wisconsin- USSC upheld warrantless searches of probationer's homes under special needs analysis.
Peacemaking Corrections- approach that depends on care and looking at what needs to be done with both the head and the heart.