Ethics in Crime and Justice: Dilemmas and Decisions / Edition 1

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This text provides readers with the information needed to solve ethical dilemmas within the complicated criminal justice system. It begins with a straightforward presentation of the major ethical systems followed by a discussion of moral development and the ideal of justice. The book includes not only philosophical information but practical applications as well, because of the issue-based approach, which allows each student to make individual decisions.

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Product Details

Meet the Author

Dr. Joycelyn Pollock has taught criminal justice for the past twenty six years. A former Fulbright teaching fellow, she has also taught law and criminology at the University of Turku, Finland; conducted training in the areas of criminology, sexual harassment, and ethics; and worked as a probation and parole officer. Just a few of Dr. Pollock's many published works include: PRISONS: TODAY AND TOMORROW; WOMEN, LAW, AND SOCIAL CONTROL; PRISONS AND PRISON LIFE: COSTS AND CONSEQUENCES; and MORALITY TALES. Dr. Pollock received her J.D. from University of Houston and a Ph.D. from the State University of New York at Albany.

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Table of Contents

Preface xii
1 Morality, Ethics, and Human Behavior 1
Why Study Ethics? 2
Defining Terms 7
Morals and Ethics 7
Making Moral Judgments 9
Duties 12
Values 12
Morality and the Law 14
Criminal Culpability/Moral Culpability 15
Regulations, Standards, and Rules 18
Morality and Behavior 20
Analyzing Ethical Dilemmas 21
Conclusion 23
Review Questions 23
Ethical Dilemmas 24
Suggested Readings 25
2 Determining Moral Behavior 26
Ethical Systems 28
Deontological and Teleological Ethical Systems 29
Ethical Formalism 29
Utilitarianism 32
Other Ethical Systems 35
Religion 35
Natural Law 38
The Ethics of Virtue 39
The Ethics of Care 42
Egoism 43
Relativism and Absolutism 44
Toward a Resolution: Situational Ethics 46
Resulting Concerns 48
Conclusion 49
Review Questions 50
Ethical Dilemmas 50
Suggested Readings 51
3 Developing Moral and Ethical Behavior 52
Theories of Moral Development 53
Biological Theories 54
Learning Theory 55
Developmental Theories 57
Ethics, Behavior, and Criminality 64
Predicting Behavior 64
Teaching Ethics 65
Teaching Ethics in Criminal Justice 68
Morality, Criminology, and Offender Populations 70
Conclusion 74
Review Questions 75
Ethical Dilemmas 76
Suggested Readings 76
4 Justice and the Law 77
Origins of the Concept of Justice 79
Components of Justice 80
Distributive Justice 81
Corrective Justice 87
Paradigms of Law 97
The Consensus Paradigm 98
The Conflict Paradigm 99
Conclusion 102
Review Questions 103
Ethical Dilemmas 103
Suggested Readings 104
5 Further Issues in Retributive Justice 105
Law and Social Control 106
Legal Paternalism 107
Legal Moralism 108
Criminal and Moral Culpability 111
Punishing the Mentally Ill 111
Punishing Juveniles 113
Punishing White-Collar Criminals 116
Victim's Rights 117
Victim Precipitation 122
Restorative Justice 122
Immoral Laws and the Moral Person 123
The Criminal Justice Professional 127
Balancing Law and Justice 128
Conclusion 130
Review Questions 130
Ethical Dilemmas 131
Suggested Readings 131
6 The Ethics of Social Control 132
The Police Role in Society 134
Crime Fighter or Public Servant? 134
Authority and Power 138
Formal Ethics for Police Officers 139
The Law Enforcement Code of Ethics 140
The Police Subculture and Formal Ethics 144
Discretion, Discrimination, and Duty 150
Discretion 150
Discrimination 153
Duty 158
Crime Fighter and Pubic Servant? 161
Conclusion 163
Review Questions 163
Ethical Dilemmas 164
Suggested Readings 165
7 Corruption and the "Code" 166
Types of Corruption 167
Gratuities 168
Graft 174
Sexual Harassment and Assault 175
Other Crimes 177
A Worldwide Problem 179
Excessive Force 180
Culture of Force 183
Deadly Force 185
Loyalty and Whistle blowing 186
Teleological Arguments 187
Deontological Arguments 188
Loyalty 188
Explanations of Deviance 191
Individual Explanations 191
Organizational Explanations 192
Societal Explanations 193
Conclusion 194
Review Questions 194
Ethical Dilemmas 194
Suggested Readings 195
8 Ethics and Law Enforcement Practices 196
Noble-Cause Corruption 197
Investigation 199
The Use of Undercover Officers 203
The Use of Informants 206
Justifications for Undercover Operations 208
Interrogation 211
Management Issues 215
Change Efforts 216
Ethical Leadership 220
Different Questions/Different Answers? 224
Conclusion 226
Review Questions 227
Ethical Dilemmas 227
Suggested Readings 228
9 Ethics and Legal Professionals 229
First, Let's Kill All the Lawyers ... 230
Perceptions of Judicial Processing 232
Ethical Issues for Legal Professionals 236
The Attorney--Client Relationship 238
A Higher Standard of Behavior? 241
The Use of Discretion 242
Ethical Issues for Defense Attorneys 243
Responsibility to the Client 245
Confidentiality 247
Conflicts of Interest 251
Zealous Defense 253
Conclusion 257
Review Questions 257
Ethical Dilemmas 257
Suggested Readings 258
10 Special Issues for Prosecutors and Judges 259
Ethical Issues for Prosecutors 260
Use of Discretion 260
Conflicts of Interest 263
Plea Bargaining 265
Media Relations 266
Expert Witnesses 267
Zealous Prosecution 270
Prosecutorial Misconduct 274
Ethical Issues for Judges 276
Ethical Guidelines 277
Use of Discretion 278
Judicial Misconduct 283
Conclusion 284
Review Questions 285
Ethical Dilemmas 285
Suggested Readings 286
11 The Ethics of Punishment and Corrections 287
Rationales for Punishment and Corrections 289
Retribution 291
Prevention 295
Ethical Frameworks for Corrections 300
Utilitarianism 300
Ethical Formalism 301
Ethics of Care 302
Rawlsian Ethics 303
Punishment 303
Humane Punishment 304
Capital Punishment 305
Private Corrections 308
Conclusion 312
Review Questions 313
Ethical Dilemmas 313
Suggested Readings 314
12 Ethics for Correctional Professionals 315
Correctional Professionals 316
Correctional Officers 317
The Correctional Officer Subculture 320
Relationships with Inmates 321
General Conduct and the "Good Officer" 324
Use of Force 326
Corruption 329
Loyalty and Whistle blowing 332
Jail Officers 333
Treatment Staff 336
Management Issues 339
Correctional Management and the Courts 340
Correctional Management and Unions 342
Cross-Sex Supervision 343
Conclusion 345
Review Questions 346
Ethical Dilemmas 346
Suggested Readings 347
13 Corrections in the Community 348
The Concept of Community Corrections 349
Probation and Parole Officers 351
Use of Discretion 351
Probation/Parole Officer Subculture 353
Caseload Supervision 356
Corruption 358
Parole 358
A New Paradigm of Corrections? 360
Reintegrative Shaming versus Stigmatizing Shaming 361
Ethical Issues in Restorative Justice 363
Conclusion 365
Review Questions 366
Ethical Dilemmas 366
Suggested Readings 367
14 Criminal Justice Policy 368
Policy Making in Criminal Justice 369
Ideologies of Liberalism and Conservatism 369
Myths and Reality in Criminal Justice 372
Criminal Justice Researchers--Participants in Myth Making? 373
Ethical Leadership 374
Individual Decision Making 377
Why Be Ethical? 384
Revisiting "Means-End" Thinking in Times of Trouble 386
Conclusion 389
Review Questions 389
Ethical Dilemmas 389
Suggested Readings 390
Glossary 391
Bibliography 397
Name Index 415
Subject Index 421
Table of Cases 426
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