ISBN-10:
1611634148
ISBN-13:
9781611634143
Pub. Date:
12/15/2015
Publisher:
Carolina Academic Press
Everyday Ethics for the Criminal Justice Professional

Everyday Ethics for the Criminal Justice Professional

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Product Details

ISBN-13: 9781611634143
Publisher: Carolina Academic Press
Publication date: 12/15/2015
Edition description: Second Edition
Pages: 348
Sales rank: 369,579
Product dimensions: 6.00(w) x 9.00(h) x 0.90(d)

About the Author

The late Kelly Cheeseman was the Coordinator of the Criminal Justice Program and an Associate Professor of Criminal Justice at Messiah College. Claudia San Miguel is an Assistant Professor of Criminal Justice and Director of the Criminal Justice Program at Texas A&M International University. Durant Frantzen is an assistant professor of criminology at Texas A&M University-San Antonio. His research focuses on police-community relations, police search and seizure, and domestic violence. Lisa Nored is an Associate Professor and Chair of the School of Criminal Justice at the University of Southern Mississippi.

Table of Contents

Acknowledgments xiii

1 An Introduction to Everyday Ethics in Criminal Justice 3

Introduction 3

What Is Ethics? 6

References 13

2 The Theory Behind the Practice: The Origins of Thought on Ethics and Its Relationship to the CJ Professional 15

Introduction 15

A Glimpse at Ethical Perspectives 16

Basis of Ethical Principles in Criminal Justice 21

The U.S. Constitution 21

Ethical Codes 23

Punishment and Ethics: How Our Personal Philosophy Impacts Our Daily Practice 24

Retribution 26

Deterrence 30

Incapacitation 31

Rehabilitation 32

Conclusion 34

References 34

3 Ethics and the Evolution of Police 37

Introduction 37

Evolution of American Police Systems and Practices 38

Eras of Policing and Ethical Principles 40

The Political Era 40

The Reform Era 42

The Community Policing Era 47

Does Community Policing Create Ethical Dilemmas in Policing? 50

Conclusion 53

Scenarios 54

References 55

4 Ethics and Police Work 59

Introduction 59

Police Work 60

Learning Ethics 62

The Values-Learned Perspective 62

Learning to Justify Unethical Conduct 69

Rewards and Punishments 70

Rational Choice Perspective of Learning Behavior 72

Predispositional Perspective 76

The Noble Cause: What Really Happens 77

Is It Too Late to Change? 78

Conclusion 82

Scenarios 83

References 85

5 Officers of the Court: Ethical Responsibilities of a Lawyer 89

Introduction 89

Responsibilities of a Zealous Advocate 90

Duty of Competence 91

Duty of Diligence 94

Duty to Communicate 95

Confidentiality 97

Conflicts of Interest 100

Lawyers as Witnesses 104

Representing Individuals Accused of Crimes 105

Candor with the Court 106

Duty to Provide Effective Representation 108

Conflict of Interests in Criminal Cases 109

Trial Publicity 109

Public Communication 109

Lawyers as Authors 111

The Cost of Legal Representation 112

Types of Fees 112

Written Fee Agreements 113

Indigent Clients 115

The Unauthorized Practice of Law 117

Abuse of Power and Privilege: When Lawyers Cross the Line 118

Bribery 118

Misuse of Client Property 119

Conclusion 121

Scenarios 121

References 124

6 Prosecutors and Judges: Ethical Responsibilities of Public Servants 125

Introduction 125

Ethical Issues and Judges 126

Integrity and Independence of the Judiciary 126

The Duty to Judge 128

Judicial Discretion 129

Judicial Decorum and Conduct 130

Ex Parte Communications 131

Recusal and Disqualification 131

Judges as Witnesses 133

Extra-judicial and Political Activities of Judges 134

Practice of Law 134

Speech 135

Political Activities 135

Items of Value 136

Ethical Issues and Prosecutors 137

Prosecutorial Discretion: Minister of Tustice vs. Advocate 137

Interaction with Unrepresented and Represented Individuals 139

Duty to Disclose Exculpatory Evidence 141

Duty of Full Disclosure to Grand Jury 142

Dissemination of Information to the Public 143

Use of Agents to Avoid Ethical Obligations and Limitations 144

Conclusion 146

Scenarios 146

References 149

7 Correctional Institutions: Ethics in Prisons and Jails 151

Introduction 151

The Institutional Environment 152

The Building/Facility 153

Prison Design 153

Facility Location 154

Custody Level 154

Correctional Staff 156

Non-Custodial Staff/Personnel and Volunteers 157

Correctional Officers 160

Offender Management 161

Training 161

Managing Offenders 162

The Correctional Officer Subculture: Influences on Ethical Behavior 165

Gender and Ethics in Corrections: Cross-Gender Supervision and Beyond 167

Women Supervising Male Offenders 168

Men Supervising Women 170

Inmates 173

Personality of Inmates 173

Inmate Subculture/Code 175

Avoiding Offender Manipulation 176

Conclusion 184

Scenarios 185

References 188

8 Ethics in Probation, Parole, and Community Corrections 191

Introduction 191

The Personnel of Community Corrections 194

The Probation and Parole Officer Subculture 196

Fulfilling the Dual Roles: An Ethical Challenge for Probation Officers 198

Supervision in the Community 204

Community Corrections and Caseload Supervision 207

Corruption 210

Conclusion 212

Scenarios 212

References 213

Appendix A: Conditions of Probation and Parole 214

9 Ethics in Security and Loss Prevention 223

Introduction 223

Privatization and Public Service 224

Establishing a Culture of Ethical Behavior 225

Loss Prevention and Retail Security: General Duties 227

Shoplifter Apprehensions 229

Use of Force Against Shoplifters 230

The Ethics of Interviewing and Interrogation 232

Common Pitfalls in Lie Detection 232

Ethics and the Use of Closed-Circuit Television 236

Conclusion 238

Scenarios 239

References 240

10 Ethics and the Criminal Justice Supervisor 243

Introduction 243

Commissions on Police Deviance 244

Leadership and Ethics 244

Discretion 247

Official Misconduct and Civil Liability 251

Abuse of Authority Laws 253

Police Misconduct 255

Sexual Harassment 257

Accepting Gratuities 257

Mismanagement of Criminal Justice Organizations 258

Probation and Parole Officer Misconduct 260

Prison Culture and Correctional Supervisors 263

Ethical Pitfalls for Correctional Supervisors 265

Conclusion 266

Scenarios 266

Police Supervisor 266

Correctional Supervisor 268

References 269

11 Ethics and Fighting Terrorism 271

Introduction 271

Defining Terrorism 272

Ethical Issues in Policing Terrorism 272

Interrogation Practices 275

Interrogation Practices Abroad 277

Police-Corrections Partnerships 278

Preventative Detention: A Tool to Fight Terrorism 279

The Prosecution of Terrorists 281

Substantive Law and Prosecutorial Discretion 281

The U.S.A. Patriot Act 282

Conclusion 284

Scenarios 285

References 287

12 Ethics and Unique/Emerging Issues in Criminal Justice 289

Introduction 289

Mental Illness 290

Sex Offenders 296

HIV/AIDS 299

Prison Rape 302

Conclusion 305

References 305

13 Ethics and Forensic Science 307

Introduction 307

Forensic Science Associations and Organizations 308

Professional Standards: A Call for Action and Integration 310

Who Do I Work For? Scientific Integrity 312

Professional Qualifications and Experience 313

Expert Witnesses and the Objectivity Requirement 314

Qualification as an Expert Witness 316

Expert Opinions 317

Court-Appointed Experts 319

Wrongful Convictions 321

Conclusion 324

Scenarios 324

References 326

About the Authors 327

Index 329

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