Criminal Justice Ethics: A Framework for Analysis

by John J. Sloan, III

Overview

Based on author John Sloan's thirty years of teaching ethics—and on conversations with, and research conducted on—police officers, prosecutors, defense counsel, judges, and corrections professionals, Criminal Justice Ethics: A Framework for Analysis offers students a framework for analyzing ethical issues involving criminal justice practitioners. Sloan provides a unique template that is designed to help students reach conclusions about the ethics of behavior and to develop and apply ethical reasoning skills to both their personal and professional lives.

Product Details

ISBN-13:	9780190639136
Publisher:	Oxford University Press
Publication date:	10/15/2018
Edition description:	New Edition
Pages:	480
Sales rank:	337,419
Product dimensions:	9.10(w) x 7.40(h) x 0.70(d)

About the Author

John J. Sloan III is Professor Emeritus of Criminal Justice at The University of Alabama at Birmingham. Dr. Sloan is coauthor of Introduction to Victimology (OUP, 2015).

Table of Contents

Each chapter ends with Key Terms, Discussion Questions, Resources, and References., Acknowledgments, Preface, List of Tables, List of FiguresCHAPTER 1. AN OVERVIEW OF ETHICSCHAPTER OUTLINECHAPTER LEARNING OBJECTIVESINTRODUCTIONWHAT IS MORALITY? DESCRIPTIVE AND NORMATIVE MORALITYDescriptive Definitions of Morality, Etiquette, Law, and ReligionNormative Definitions of MoralityWHAT IS "ETHICS?"METAETHICSMetaphysical IssuesPsychological Issues, Egoism and Altruism, Emotion and Reason, Male Versus Female MoralityNORMATIVE ETHICSTeleological EthicsDeontological EthicsVirtue EthicsAPPLIED ETHICSProfessional Ethics, Codes of Professional Ethics, The Importance of Professional EthicsTHE RELATIONSHIP BETWEEN MORALITY AND ETHICSMORALITY, ETHICS, AND THE CRIMINAL JUSTICE PRACTITIONERTHE NATURE AND SOURCE OF PRACTITIONER VALUES, Case Study 1.1. Discovering Personal ValuesThe Occupational Career of the PractitionerThe Moral Career of the PractitionerVALUES IN ACTION: TWO MODELS OF THE CRIMINAL JUSTICE PROCESSCrime Control ModelDue Process ModelSummary, Thought Exercise 1.1: Ethical Issues and the Exercise of Discretion in Criminal JusticeCHAPTER 2. SYSTEMS OF ETHICSCHAPTER OUTLINECHAPTER LEARNING OBJECTIVESINTRODUCTIONSYSTEMS OF ETHICSGeneral DistinctionsFOCUSING ON BEHAVIOR: TELEOLOGICAL ETHICSEthical Egoism, Critique of Ethical EgoismAct Utilitarianism, Critique of Act UtilitarianismRule Utilitarianism, Critique of Rule UtilitarianismFOCUSING ON BEHAVIOR: DEONTOLOGICAL ETHICSKantian Ethics, The Categorical Imperative, The Hypothetical Imperative, Critique of Kantian EthicsReligious Ethics: Divine Command Theory (DCT), The Euthyphro Dilemma, Modified Divine Command Theory, Critique of Divine Command TheoryFOCUSING ON CHARACTER: VIRTUE THEORIESVirtue Ethics, Arête, Phronesis, and Eudaimonia, The Concept of Virtue, The Temperate and the Continent Person, Critique of Virtue Ethics, Thought Exercise 2.1: Using Force: The Temperate and the Continent Police Officer, Thought Exercise 2.2: Ethical Issues and Privatizing the PoliceCHAPTER 3. MORAL DILEMMAS IN CRIMINAL JUSTICECHAPTER OUTLINECHAPTER LEARNING OBJECTIVESINTRODUCTIONTHE MORAL ARENAMORAL DILEMMASThe Role of Emotion in Moral DilemmasCategories of Moral Dilemmas, Epistemic and Ontological Dilemmas, Self-Imposed and Other-Imposed Dilemmas, Obligation-Based and Prohibition-Based DilemmasMoral Dilemmas and Conflicting ObligationsResolving Dilemmas: Common-Sense Morality? MORAL DILEMMAS AND CRIMINAL JUSTICE PRACTITIONERSMoral Dilemmas and the Police, Thought Exercise 3.1. Obligations and Moral Dilemmas Involving Police OfficersMoral Dilemmas and Prosecutors, Thought Exercise 3.2. Moral Obligations and Moral Dilemmas Involving ProsecutorsMoral Dilemmas and Defense Attorneys, Thought Exercise 3.3. Moral Obligations and Moral Dilemmas Involving Criminal Defense AttorneysMoral Dilemmas and JudgesMoral Dilemmas in Corrections, Thought Exercise 3.4. Moral Obligations and Moral Dilemmas Involving Judicial Elections, Thought Exercise 3.5. Moral Obligations and Moral Dilemmas Involving Probation/Parole Officers, Thought Exercise 3-6. Moral Obligations and Moral Dilemmas Involving Corrections OfficersSummary, Case Study 3.1: Whistleblowing in the Criminal Justice SystemCHAPTER 4. MORAL REASONING AND CRIMINAL JUSTICE ETHICSCHAPTER OUTLINECHAPTER LEARNING OBJECTIVESINTRODUCTIONMORAL REASONINGWhat Is Moral Reasoning? The Process of Moral Reasoning, Recognizing Moral Issues, Attending to Moral Facts, Sorting the Moral Considerations, Reasoning by Analogy, Resolving Conflicts Among Considerations in Moral Reasoning, Learning From Experience and Changing One's Mind, Moral Learning From Moral Reasoning, Overturning Moral Theories, Moral DumbfoundednessTHE DEVELOPMENT OF MORAL REASONINGKohlberg's Levels and Stages of Moral ReasoningCriticisms of Kohlberg's Theory, Methodological Issues, Problems With Kohlberg's TheoryGUIDING PRINCIPLES FOR MORAL REASONINGThe Structure of Moral ArgumentsFormal Principles of Moral ReasoningGeneral Rules to Guide Moral Reasoning, Normative Claims, Consistency in ThinkingSpecific Rules in Moral Reasoning: Avoiding Errors, Mine-Is-Better Thinking, Double Standards, Unwarranted Assumptions, Oversimplification, Hasty ConclusionsTu Quoque, Moral Conventionalism, Moral Legalism, Moral Prudentialism, Slippery Slopes, Argument to the People, Red HerringsSummary, Thought Exercise 4.1: The Ethics of Assembly-Line JusticeCHAPTER 5. A FRAMEWORK FOR ANALYSISCHAPTER OUTLINECHAPTER LEARNING OBJECTIVESINTRODUCTIONA FRAMEWORK FOR ANALYSISA TEMPLATE FOR ANALYSISFactsDetails, Case Study 5.1: The Rookie and the Restaurant TabEthical IssueIdentifying Moral Ideals, Substantive and Procedural Ideals, Principle of Respect for PersonsIdentifying Obligations, Fidelity Obligations, Nonfidelity Obligations, Obligations in the Template, —When Obligations Conflict, —When Ideals and Obligations ConflictIdentifying Consequences, Types of Consequences, The Principle of the Double Effect, Implicit Opposites When Identifying ConsequencesThe Conclusion, Case Study 5.2: The Hostess and the Police OfficerSummary, Case Study 5.3: The Ethics of Campaign Contributions for JudgesCHAPTER 6. POLICE ETHICS—A CONTEXTUAL OVERVIEWCHAPTER OUTLINE 1CHAPTER LEARNING OBJECTIVESINTRODUCTIONTHE FUNCTIONS OF POLICE IN MODERN AMERICAProminent Features of American PolicingTHE CONTEXT OF POLICE ETHICSThe Individual Context of Police Ethics, Individual Characteristics and Police Ethics, —Rotten Apples TheoryThe Organizational Context of Police Ethics, Rotten Barrels TheoryThe Community Context of Police EthicsRotten Orchards TheoryETHICAL ISSUES IN THE RECRUITMENT, SELECTION, AND TRAINING OF POLICE OFFICERSPolice Recruitment and Selection, Prehiring Procedures, Police Academy Training, Field Training, Ethical Issues in Field Training, The Police Officer's Occupational CareerETHICAL ISSUES AND THE CULTURE OF POLICINGAdaptations to the Stresses of PolicingPolice Gratuities, Competing Views on Gratuities, The Exchange Nature of GratuitiesThe Moral Career of the Police Officer, Case Study 6.1: Police GratuitiesTHE ORGANIZATIONAL ENVIRONMENT OF POLICINGFactors Affecting the Organizational Environment of Police Departments, The Presence of Rules, The Police Chief, Supervisors, Department Resources, Recruitment and Selection, Ethics and Integrity Training, Internal Control MechanismsSummary, Thought Exercise 6.1: The Ethics of Preemployment Psychological Evaluations (PPEs)CHAPTER 7. ETHICS AND THE TACTICS OF POLICINGCHAPTER OUTLINECHAPTER LEARNING OBJECTIVESINTRODUCTIONMODERN POLICE WORKA Typology of Police WorkTHE USE OF DECEPTION BY POLICEDeception During Investigation, Police StingsLegal Limits on Deception During InvestigationDeception During Interrogation, Police Interrogation Techniques, —The Reid technique, —Critique of the Reid techniqueLegal Limits on Deception During Interrogation, The Problem of False Confessions, Case Study 7.1: Police Deception and the False Confession: The "Norfolk Four", The Psychology of False ConfessionsDeception in Court Proceedings, Police Perjury, —Contributing Factors to Police Perjury, Thought Exercise 7.1. Police Officer Attitudes Toward the "Blue Wall of Silence"The Ethics of Police Deception, Alternatives to Police Deception/ Perjury, Moral Justifications for and Against Police Deception/Perjury, Public Attitudes About Police Deception/Perjury, Case Study 7.2: "Operation Heartland"SURVEILLANCE BY POLICEPolice Agencies and SurveillancePassive Surveillance and Biased PolicingProfiling and Racial ProfilingThe Problems with ProfilingThe Ethics of Police SurveillanceEthical SurveillanceTEACHING AND LEARNING POLICE ETHICSJustifications for Teaching Police EthicsTo Whom Should Police Ethics Be Taught? Where Should Police Ethics Be Taught? What Should Be the Goals? What Should Be the Content? Summary, Thought Exercise 7.2: Minority Report and the Ethics of Predictive PolicingCHAPTER 8. ETHICS AND THE COURTSCHAPTER OUTLINECHAPTER LEARNING OBJECTIVESINTRODUCTIONTHE COURTROOM WORKGROUPGoals of the Courtroom WorkgroupWorkgroup DynamicsETHICS AND PROSECUTORSThe Prosecution FunctionStandards for the Prosecution FunctionThe Ethics of Prosecuting People, Narrowness and Cynicism, Discretion, WinningProsecutorial Misconduct, Prosecutorial Misconduct Defined, Types of Prosecutorial Misconduct, Prevalence of Prosecutorial Misconduct, Hurdles to Controlling Prosecutorial Misconduct, —Harmless Error Doctrine, —Absolute Immunity for Prosecutors, Case Study 8.1: Prosecutorial Ethics and Pursuit of the Death PenaltyETHICS AND DEFENSE COUNSELThe Defense Function: Model Standards, Broad Functions of Defense Counsel, Relationship with Clients, Standards for Defense Counsel During Litigation, Standards for Defense Counsel Post ConvictionDefense Tactics and the Ethical Issues They Raise, "Zealously" Defending Clients, —"Rambo" Litigation, —Returning Civility to Litigation, Case Study 8.2: Defending the IndefensibleETHICS AND THE JUDICIARYFunctions of the JudiciaryModel Standards for the Judiciary, ABA Model Code of Judicial Conduct, Code of Conduct for Federal JudgesSummaryThought Exercise 8.1: Regulating the Practice of LawCHAPTER 9. THE ETHICS OF LEGAL PUNISHMENTCHAPTER OUTLINECHAPTER LEARNING OBJECTIVESINTRODUCTIONTHE LEGAL PUNISHMENT OF CRIMINALSCrime, Legal Punishment, and the StateDefining Legal PunishmentJUSTIFICATIONS FOR LEGAL PUNISHMENTConsequentialist Justifications for Legal Punishment, Deterrence, Incapacitation, RehabilitationCritiques of Consequentialist Justifications for Legal PunishmentRetributivist Justifications for Legal Punishment, Guiding Principles of Retributivism, —Sentencing GuidelinesCritiques of Retributivist Justifications for Legal PunishmentOther Justifications for Legal Punishment, Rights Forfeiture Theory, Critique of Rights Forfeiture Theory, Moral Education Theory, Critique of Moral Education TheoryCAPITAL PUNISHMENT: A SPECIAL CASECapital Punishment: An OverviewLegal Aspects of Capital PunishmentJustifications for Capital PunishmentRace and Capital PunishmentExecuting InnocentsThe Death of Capital PunishmentSummary, Thought Exercise 9.1: Legal Punishment in Scandinavia: A Different ResponseCHAPTER 10. ETHICS AND INSTITUTIONAL CORRECTIONSCHAPTER OUTLINECHAPTER LEARNING OBJECTIVESINTRODUCTIONINSTITUTIONAL CORRECTIONS AND PUNISHING OFFENDERSWho's Incarcerated?, The Characteristics of Incarcerated Persons in AmericaEthical Issues and PrisonsPRISONS AS PUNISHMENTWho Should Be Imprisoned? What Do the Undeserving Deserve?, The Conditions of ConfinementPrivatizationAbolitionPRISONS FOR PUNISHMENTCorrectional Staff in this CountryEthics and Correctional Officers, Correctional Officer Duties, Correctional Officer Skills, The Occupational Culture of Correctional Officers, —Types of Correctional Officers, Correctional Officer Code of EthicsEthics and Treatment Staff, Treatment Staff Code of EthicsEthical Issues and Correctional Officers, Reciprocity in Prison, Prison Corruption, Classifying Correctional Officer Misconduct, Understanding Correctional Officer Misconduct, —The Lucifer Effect, Responding to Correctional Officer MisconductEthical Issues and Treatment Staff, Respect for the Dignity of Persons, Who's the Client?, Confidentiality, Refusal of Services, Responsible Care, —Competence, Integrity in Relationships, —Multiple RelationshipsETHICAL ISSUES AND JAILSThe Misuse of Jails in AmericaSummary, Thought Exercise 10.1: The Ethics of Solitary ConfinementCHAPTER 11. ETHICS AND COMMUNITY-BASED CORRECTIONSCHAPTER OUTLINECHAPTER LEARNING OBJECTIVESINTRODUCTIONAN OVERVIEW OF COMMUNITY-BASED CORRECTIONSProbation: Its History and AdministrationParole: Its History and AdministrationIntermediate Sanctions: History and PurposeCOMMUNITY CORRECTIONS OFFICERSCharacteristics of Probation/Parole OfficersProbation/Parole Officer TrainingEthical Standards for Probation/Parole OfficersThe Occupational Culture of Probation/Parole Officers, Duality in the Role of Probation/Parole Officer, Ethical Implications of Probation/Parole Officer DualityETHICAL ISSUES IN COMMUNITY CORRECTIONSAcceptable Penal ContentProbation/Parole Officer Caseload and WorkloadArming Probation/Parole Officers, Case Study 11.1: The PPO's DilemmaOffender-Funded CorrectionsFor-Profit Privatization of Community-Based CorrectionsSummary, Thought Exercise 11.1: The Ethics of Electronic Monitoring (EM)CHAPTER 12. ETHICS AND FORENSIC SCIENCECHAPTER OUTLINECHAPTER LEARNING OBJECTIVESINTRODUCTIONAN OVERVIEW OF FORENSIC SCIENCE AND ITS PRACTICEThe Disciplines of Forensic ScienceForensic Scientist Hiring and TrainingThe Occupational Culture of Forensic PractitionersFORENSIC SCIENCE STANDARDS AND CODES OF ETHICSEthical Standards for Crime LaboratoriesPractitioner Code of EthicsETHICAL ISSUES IN THE PRACTICE OF FORENSIC SCIENCELaboratory Analytical Procedures, Insufficient Analysis, Dry-Labbing, Indiscriminate Analysis, Analyzing to Fit the LawCourtroom Testimony, The Difference Between Science and Law, Closing the GapPrivatization of Forensic ServicesObligations to Maintain Professional Competence, Keeping Up With a Changing Field, —Proficiency Testing, —Competency Testing, —Certification, Continuing EducationWhistleblowingSummary, Thought Exercise 12.1: Questioning the Science Behind Forensic ScienceCHAPTER 13. ETHICS AND CRIMINAL JUSTICE RESEARCHCHAPTER OUTLINECHAPTER LEARNING OBJECTIVESINTRODUCTIONTHE RESEARCH PROCESS: AN OVERVIEWHuman Inquiry and the Role of ScienceThe Rules of Scientific InquirySocial Scientific ResearchCODES OF ETHICS AND GUIDING PRINCIPLES IN RESEARCHThe Nuremberg Code, Guiding PrinciplesThe Helsinki Declaration, Guiding PrinciplesThe Belmont Report, Guiding PrinciplesImpact of the Belmont Report, Case Study 13.1: The Prison Warden's DilemmaETHICAL ISSUES IN SOCIAL SCIENCE RESEARCHWhy Care About Research Ethics? Informed Consent, Accurate Information, Understanding, Voluntariness, Objections Surrounding Informed ConsentConfidentiality, Justifications for Confidentiality, Protecting ConfidentialityManaging Harm, Conceptualizing HarmConflicts of Interest, Case Study 13.2: Conflicts of Interest in Criminological Research, Contributing FactorsResearcher Safety, Issues in Researcher Safety, Addressing the Risks of HarmIntegrity and Misconduct, Frequency of Scientific Misconduct, Reasons Scientific Misconduct Occurs, Preventing Scientific MisconductSummary, Thought Exercise 13.1: Ethical Issues in the Use of Self-Reports to Study CrimeCHAPTER 14. THE FUTURE AND CRIMINAL JUSTICE ETHICSCHAPTER OUTLINECHAPTER LEARNING OBJECTIVESINTRODUCTIONA PRESCRIPTION FOR THE FUTUREThe Organizational Context of Criminal Justice EthicsModeling Ethics, Case Study 14.1: The Organizational Context of Ethics: The LAPD Rampart ScandalProactive StrategiesHiring Toward the Community, Thought Exercise 14.1: The Advantages of a College Degree for Decision-Making SkillsEvaluate Agency PracticesSummary, Thought Exercise 14.2: The Ethics of Presumed Guilt, Index

Editorial Reviews

"Criminal Justice Ethics takes a fascinating, conversational approach to introducing ethics to criminal justice students. It provides a well-rounded presentation of complicated ethical concepts without being boring or simply factual. Sloan's real-world examples and informal writing style separate this textbook from all others. I would highly recommend this book to anyone who wants a textbook that inspires student engagement."—Linda Keena, The University of Mississippi

"Refreshingly and innovatively, Sloan introduces his tried and true ethical decision-making model to students. This approach enables students to use critical-thinking skills in solving complex ethical dilemmas in criminal justice."—Joel Cox, Liberty University

"Criminal Justice Ethics is outstanding. Sloan's informal writing style will draw students in and make it more likely that they will actually read the text."—Sherri DioGuardi, University of Central Missouri

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