Criminal Justice Ethics / Edition 1

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Overview

This collection of thought-provoking, easy-to-read essays articulates drastically different moral beliefs about the relationship between criminal justice and social justice, and the importance of ethical behavior of individuals working in the system. The essays--which include hypothetical cases as well as actual court opinions--show readers how moral beliefs are examined and defended, and encourage them to examine and defend their own positions. In many cases, the articles present different sides of an issue, often in the form of direct debates between experts (e.g., feminist scholar Catherine MacKinnon on prostitution law vs the International Committee for Prostitutes' Rights and its "World Whores' Congress Statements"; O.J. Simpson attorney Johnnie Cochran vs Yale Law Professor Akhil Reed Amar). Often includes articles that argue for unpopular or unusual positions. An introduction on ethical reasoning and ethics pedagogy is followed by sections on the nature of criminal guilt, law making, law enforcement, judicial processing, punishment and emerging issues (technology and media). Issues addressed include Drug Legalization; Prostitution; Corporate Violence; Hate Crimes; Abortion; Police Ethics; Deception & Influence; Selective Enforcement; Lawyers Ethics; Plea Bargaining & Due Process; Treatment of Inmates; Death Penalty; Cyberspace; and Media. Includes resources on professional Code of Ethics. For anyone involved in/with the criminal justice system.

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Product Details

  • ISBN-13: 9780130851291
  • Publisher: Pearson
  • Publication date: 10/6/2000
  • Edition description: New Edition
  • Edition number: 1
  • Pages: 544
  • Sales rank: 841,554
  • Product dimensions: 7.00 (w) x 9.13 (h) x 1.33 (d)

Read an Excerpt

PREFACE

People seem to have endless interest in criminal justice. We relate immediately to the struggle between the forces of good and evil; we sympathize with the victims of crime and suffer with them the injustice they have experienced; we get satisfaction when the guilty receive their just deserts; and we identify with the wrongly accused and their struggle against the nearly overwhelming forces and resources of the government. This interest is not only a matter of our fears and hopes, but also a sign of our deep-seated concern with morality.

We are for capital punishment or against it, for laws prohibiting abortion or drug use or against them. We think that crime is caused by poverty and thus that poor criminals deserve a special break, or we think that crime is caused by plain old orneriness and that no allowance should be made for socially disadvantaged crooks. We wonder whether lawyers can be morally good people and what makes them behave as they do. We ask, how far can the police go in using deception or sexual enticements to catch crooks? Is it entrapment if the police tell a suspect that manufacturing PCP is "as easy as baking a cake"? Would we revive chain gangs or corporal punishment? Should prostitution be legal?

There seem to be no neutrals on these and similar issues. Everyone has strong opinions on the morality of criminal justice, from its policies and ideals to its practices and abuses. But these opinions are too frequently formed haphazardly, based on the experiences we have had, on our likes and dislikes, on the attitudes of those we admire, and perhaps on a good deal of misinformation. We might hear an argument that strikes us as sensible without considering another side of the issue. If our moral beliefs are not well formed, if we would not hold them after thoughtful examination of the other side (or sides) of the issue, then we may support harmful policies. We all can benefit from deeper reflection on our moral beliefs about criminal justice—and that is what criminal justice ethics is about.

Ethics connotes not only morality as such, but the philosophical study of moral principles—the attempt to subject our moral beliefs to careful scrutiny. That is what this book is about. It aims not to convince readers that one set of moral beliefs is superior to others, but to assist them in reflecting on their own moral beliefs. Toward this end, we have put together a collection of articles that articulate drastically different moral beliefs about important criminal justice issues. Readers, seeing how moral beliefs are examined and defended, can examine and defend their own—or, perhaps, discover shortcomings in their own beliefs and open their minds to new ones.

Toward this end, we have tried to identify particularly challenging articles, ones that argue for unpopular or unusual positions, ones that make for lively reading and discussion and that provide for thinking and rethinking. In many cases, the articles present different sides of an issue, often in the form of direct debates between experts. The reader is exposed to a variety of voices engaged in the vehement defense of principles important to them. Who better to write about prostitution law than feminist scholar Catharine MacKinnon, and who better to respond than the International Committee for Prostitutes' Rights in their "World Whores' Congress Statements"? The debate between O .J. Simpson Attorney Johnnie Cochran and Yale Law Professor Akhil Reed Amar is more engaging than a "balanced" article by a single author on whether criminal defendants have too many rights.

At other times, we have selected provocative articles and allowed them to stand alone, hoping that readers themselves will enter into the debate, putting forth their own responses to positions that strike them as wrong-headed, allowing themselves to revise their opinions in the face of new ones, and to hunt for evidence important to the issues. The case studies reflect the messiness of real-life situations requiring ethical decisions or judicial opinions. The legal cases in particular allow readers to see how legal reasoning may or may not overlap with moral reflection. We have been less interested in mechanically balancing every pro with a con than with stimulating thought and inciting debate. Numerous addresses to quality Internet sites direct readers to further data, arguments and perspectives to ensure that this book opens the door to exploration rather than being a final word.

Moreover, the selected articles reflect a broad conception of the field of criminal justice ethics. In addition to the standard issues—death penalty or abortion or recreational drug use or prostitution—we have viewed criminal justice as inextricably bound up with social justice. Since the criminal justice system protects the existing social and economic system, criminal justice can be no more just than the social and economic systems. Consequently, issues of social justice are issues of criminal justice. Likewise, the agents of criminal justice—police, lawyers, and even doctors administering lethal injections—are people following careers, trying to do their best in a difficult job. Consequently, issues of professional ethics are issues in criminal justice ethics.

And, finally, we view criminal justice as developing over time in the face of a changing society. Thus, we have tried to identify ethical issues that are just coming over the horizon—the interest in televising execution, and, of course, the problems posed by the growing presence of computers and information technology. How does the Constitution apply to cyberspace? In these areas, our concern has been to challenge the reader to do his or her own thinking about criminal justice as it is and as it will be.

To the extent we have achieved our goals in this volume, it is only with the help of many individuals. In particular, we would like to thank Paul Haskell, Jennifer Hatten, Andrew Pfeiffer, and Karen Schaumann. Thanks also to the staff of the Department of Sociology, Anthropology & Criminology at Eastern Michigan University for undertaking some of the tedious work with graciousness and thoroughness. Thanks to Karita France for getting this project under way and to Jennifer Ackerman for advice on how to navigate a range of problems; and to our editor Ross Miller and associate editor Katie Janssen.

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Table of Contents

Introduction.

Jeffrey Reiman, Criminal Justice Ethics. Robert Nash, Teaching Ethics Ethically.

1. Moral Foundations of Criminal Guilt.

David Bazelon, The Morality of the Criminal Law. Bill Lawson, Crime, Minorities, and the Social Contract. Jean Hampton, Mens Rea.

CASE STUDY:

Leo Katz, The Crime that Never Was: A Fake Opinion in a Fake Case Involving Fakes.

2. What Should Be a Crime?
Principles.

Joel Feinberg, excerpts from Social Philosophy. David A. J. Richards, The Moral Foundations of Decriminalization.

CASES:

Drug Legalization:

Arnold Trebach and James Inciardi, excerpts from Legalize It? Debating American Drug Policy.

Prostitution:

In re P: let the 14-Year Old Go, the Prostitution Laws Are Unconstitutional. Catherine MacKinnon, Prostitution and Civil Rights. International Committee for Prostitutes' Rights World Charter and World Whores' Congress Statements.

Corporate Violence:

Jeffrey Reiman, A Crime by Any Other Name … American Medical Association, The Brown and Williamson Documents: Where Do We Go From Here? Stanton Glantz, et al, Looking Through a Keyhole at the Tobacco Industry.

Hate Crimes:

Wisconsin v. Mitchell, A Few Opinions on Sentencing Enhancement for Hate Crimes.

Abortion:

Don Marquis, Why Abortion Is Immoral. Jeffrey Reiman, Abortion, Infanticide, and the Asymmetric Value of Human Life. Don Marquis, Reiman on Abortion. Jeffrey Reiman, Abortion, Infanticide, and the Changing Grounds of the Wrongness of Killing: Reply to Don Marquis's “Reiman on Abortion”.

3. Moral Problems in Policing.
Police Ethics:

John Kleinig, Ethics and Codes of Ethics.

Deception & Influence:

Jerome H. Skolnick and Richard A. Leo, The Ethics of Deceptive Interrogation. Gary T. Marx, Under-the-Covers Undercover Investigations: Some Reflections on the State's Use of Sex and Deception in Law Enforcement. Carl B. Klockars, The Dirty Harry Problem.

CASE STUDY:

US v Tobias: It Is Not Entrapment for an Undercover Officer to Tell the Defendant That Making PCP Is as “Easy as Baking a Cake”.

Selective Enforcement:

John Kleinig, Selective Enforcement and the Rule of Law. Jeffrey Reiman, Against Police Discretion: Reply to John Kleinig.

4. Moral Issues in Judicial Processing and Jurisprudence.
Lawyers' Ethics:

Paul Haskell, The Behavior of Lawyers. Ted Schneyer, Moral Philosophy's Standard Misconception of Legal Ethics.

Plea Bargaining & Due Process:

Akhil Reed Amar and Johnnie T. Cochran, Jr., Do Criminal Defendants Have too Many Rights? Kenneth Kipnis, Criminal Justice and the Negotiated Plea. The Hon. Jack B. Weinstein, Considering Jury “Nullification”: When May and Should A Jury Reject the Law to Do Justice?

5. Penology.
Treatment of Inmates:

Graeme Newman, excerpts from Just and Painful. Tessa M. Gorman, Back on the Chain Gang: Why the Eighth Amendment and the History of Slavery Proscribe the Resurgence of Chain Gangs.

Death Penalty:

Stephen Nathanson, Is the Death Penalty What Murderers Deserve? Jeffrey Reiman, Against the Death Penalty. Ernest van den Haag, A Response to Reiman and Nathanson. National Council of the Churches, Abolition of the Death Penalty. Council on Ethical & Judicial Affairs, American Medical Association, Physician Participation in Capital Punishment. Marianne Kastrup, Psychiatry and the Death Penalty.

6. Emerging Issues.
Cyberspace:

Laurence H. Tribe, The Constitution in Cyberspace: Law and Liberty Beyond the Electronic Frontier. Jeffrey H. Reiman, Driving to the Panopticon: A Philosophical Exploration of the Risks to Privacy Posed by the Highway Technology of the Future. Nadine Strossen and Ernie Allen, Megan's Law and the Protection of the Child in the On-Line Age.

Media:

Julian Dibble, A Rape in Cyberspace: Or How an Evil Clown, A Haitian Trickster Spirit, Two Wizards, and a Cast of Dozens Turned a Database into a Society. Debra Seagal, Tales from the Cutting-Room Floor: The Reality of “Reality-Based” Television. Paul Leighton, Fear and Loathing in an Age of Show Business: Reflections on Televised Executions.

Appendix: Professional Code of Ethics.

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Preface

PREFACE

People seem to have endless interest in criminal justice. We relate immediately to the struggle between the forces of good and evil; we sympathize with the victims of crime and suffer with them the injustice they have experienced; we get satisfaction when the guilty receive their just deserts; and we identify with the wrongly accused and their struggle against the nearly overwhelming forces and resources of the government. This interest is not only a matter of our fears and hopes, but also a sign of our deep-seated concern with morality.

We are for capital punishment or against it, for laws prohibiting abortion or drug use or against them. We think that crime is caused by poverty and thus that poor criminals deserve a special break, or we think that crime is caused by plain old orneriness and that no allowance should be made for socially disadvantaged crooks. We wonder whether lawyers can be morally good people and what makes them behave as they do. We ask, how far can the police go in using deception or sexual enticements to catch crooks? Is it entrapment if the police tell a suspect that manufacturing PCP is "as easy as baking a cake"? Would we revive chain gangs or corporal punishment? Should prostitution be legal?

There seem to be no neutrals on these and similar issues. Everyone has strong opinions on the morality of criminal justice, from its policies and ideals to its practices and abuses. But these opinions are too frequently formed haphazardly, based on the experiences we have had, on our likes and dislikes, on the attitudes of those we admire, and perhaps on a good deal of misinformation. We might hear an argument that strikes us as sensible without considering another side of the issue. If our moral beliefs are not well formed, if we would not hold them after thoughtful examination of the other side (or sides) of the issue, then we may support harmful policies. We all can benefit from deeper reflection on our moral beliefs about criminal justice—and that is what criminal justice ethics is about.

Ethics connotes not only morality as such, but the philosophical study of moral principles—the attempt to subject our moral beliefs to careful scrutiny. That is what this book is about. It aims not to convince readers that one set of moral beliefs is superior to others, but to assist them in reflecting on their own moral beliefs. Toward this end, we have put together a collection of articles that articulate drastically different moral beliefs about important criminal justice issues. Readers, seeing how moral beliefs are examined and defended, can examine and defend their own—or, perhaps, discover shortcomings in their own beliefs and open their minds to new ones.

Toward this end, we have tried to identify particularly challenging articles, ones that argue for unpopular or unusual positions, ones that make for lively reading and discussion and that provide for thinking and rethinking. In many cases, the articles present different sides of an issue, often in the form of direct debates between experts. The reader is exposed to a variety of voices engaged in the vehement defense of principles important to them. Who better to write about prostitution law than feminist scholar Catharine MacKinnon, and who better to respond than the International Committee for Prostitutes' Rights in their "World Whores' Congress Statements"? The debate between O .J. Simpson Attorney Johnnie Cochran and Yale Law Professor Akhil Reed Amar is more engaging than a "balanced" article by a single author on whether criminal defendants have too many rights.

At other times, we have selected provocative articles and allowed them to stand alone, hoping that readers themselves will enter into the debate, putting forth their own responses to positions that strike them as wrong-headed, allowing themselves to revise their opinions in the face of new ones, and to hunt for evidence important to the issues. The case studies reflect the messiness of real-life situations requiring ethical decisions or judicial opinions. The legal cases in particular allow readers to see how legal reasoning may or may not overlap with moral reflection. We have been less interested in mechanically balancing every pro with a con than with stimulating thought and inciting debate. Numerous addresses to quality Internet sites direct readers to further data, arguments and perspectives to ensure that this book opens the door to exploration rather than being a final word.

Moreover, the selected articles reflect a broad conception of the field of criminal justice ethics. In addition to the standard issues—death penalty or abortion or recreational drug use or prostitution—we have viewed criminal justice as inextricably bound up with social justice. Since the criminal justice system protects the existing social and economic system, criminal justice can be no more just than the social and economic systems. Consequently, issues of social justice are issues of criminal justice. Likewise, the agents of criminal justice—police, lawyers, and even doctors administering lethal injections—are people following careers, trying to do their best in a difficult job. Consequently, issues of professional ethics are issues in criminal justice ethics.

And, finally, we view criminal justice as developing over time in the face of a changing society. Thus, we have tried to identify ethical issues that are just coming over the horizon—the interest in televising execution, and, of course, the problems posed by the growing presence of computers and information technology. How does the Constitution apply to cyberspace? In these areas, our concern has been to challenge the reader to do his or her own thinking about criminal justice as it is and as it will be.

To the extent we have achieved our goals in this volume, it is only with the help of many individuals. In particular, we would like to thank Paul Haskell, Jennifer Hatten, Andrew Pfeiffer, and Karen Schaumann. Thanks also to the staff of the Department of Sociology, Anthropology & Criminology at Eastern Michigan University for undertaking some of the tedious work with graciousness and thoroughness. Thanks to Karita France for getting this project under way and to Jennifer Ackerman for advice on how to navigate a range of problems; and to our editor Ross Miller and associate editor Katie Janssen.

Read More Show Less

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