Criminal Justice Ethics : Theory and Practice
, by Cyndi BanksNote: Supplemental materials are not guaranteed with Rental or Used book purchases.
- ISBN: 9781412995450 | 1412995450
- Cover: Paperback
- Copyright: 3/12/2012
In the Third Edition of Criminal Justice Ethics, author Cyndi Banks once again examines the criminal justice system through an ethical lens identifying ethical issues in practice and in theory, exploring ethical dilemmas, and proposing means through which criminal justice professionals might resolve ethical issues and dilemmas. The text adopts a critical perspective in the sense that the constituent parts of the criminal justice system are scrutinized within a framework where questions are raised about moral and ethical conduct and standards. Readers are drawn into a unique discussion of ethical issues by exploring moral dilemmas faced by professionals in the criminal justice system first, then presented with an examination of the major theoretical foundations of ethics. This distinct organization allows readers to understand real life ethical issues before grappling with philosophical approaches to the resolution of those issues.
About the Author | p. xi |
Preface | p. xii |
The Interaction Between Ethics and The Criminal Justice System | p. 1 |
The Importance of Ethics in Criminal Justice | p. 2 |
The Meaning of Ethics | p. 2 |
The Value of Ethics | p. 2 |
Police Brutality in New Orleans | p. 4 |
Police Brutality During Katrina | p. 5 |
Normative Ethics | p. 5 |
Ethical Relativism | p. 5 |
Death Row Inmate Set Free | p. 6 |
Cultural Relativism | p. 6 |
Ethical Absolutism | p. 7 |
Ethical Pluralism | p. 8 |
Religion and Ethical Standards | p. 9 |
Conduct Is Right Because God Commands It | p. 9 |
God Commands Right Conduct Because It Is Right | p. 10 |
Ethics and Natural Law | p. 10 |
Ethics and Law | p. 10 |
Ethical Dilemmas | p. 11 |
Ethical Issues in Criminal Justice | p. 14 |
Ethical Problems in the Use of Authority | p. 14 |
Ethical Problems in the Relationship Between Personal and Professional Interests | p. 14 |
Ethical Problems in Personal and Professional Commitments to Clients | p. 14 |
Ethical Issues in Criminal Justice and Public Policy | p. 14 |
Ethical Issues Resulting From Policing Policies | p. 15 |
Ethical Problems in Information Sharing | p. 15 |
Ethical Problems Dealing With Human Rights Issues in the Criminal Justice System | p. 15 |
Ethical Issues in the Media Reporting of Crime | p. 15 |
Summary | p. 15 |
Discussion Case | p. 16 |
Discussion Questions | p. 16 |
Ethics and the Police | p. 17 |
Ethics and Policing | p. 17 |
The Nature of Policing | p. 18 |
Police as an Institution | p. 19 |
Police Culture | p. 19 |
Police Discretion | p. 23 |
Ethics and Codes of Ethics | p. 24 |
Police Use of Force | p. 27 |
Cop Gets 15 Years in Torture Case | p. 31 |
Blowing the Whistle on Police Violence | p. 32 |
Dirty Harry/Dirty Hands | p. 33 |
Police Officer Shown Hitting Man With Baton on Video | p. 34 |
Police Corruption | p. 35 |
Conditions Contributing to Police Corruption | p. 38 |
Combating Corruption | p. 44 |
Whistle-Blowing | p. 49 |
Punished for Whistle-Blowing? | p. 49 |
Discrimination as Corruption | p. 50 |
"Looking Mexican" | p. 51 |
Racial Profiling: When Color Signals Dangerousness | p. 52 |
Ethical Issues in Investigation, Interrogation, and Custody | p. 54 |
Rights of Suspects | p. 54 |
Privacy | p. 55 |
Entrapment | p. 55 |
Deception | p. 58 |
Lying | p. 59 |
Explanations for Police Corruption | p. 61 |
Summary | p. 63 |
Discussion Questions | p. 64 |
Web Resources | p. 64 |
Racial Discrimination in the Criminal Justice System | p. 65 |
Ethical Background | p. 65 |
Historical Context | p. 66 |
Is There Racial Discrimination in the Criminal Justice System? | p. 67 |
Police Encounters With Citizens and Police Arrest | p. 69 |
Bail | p. 70 |
Jury Selection | p. 71 |
In Dallas, Dismissal of Buck Jurors Leads to Appeal by Death Row Inmate | p. 72 |
Conviction and Sentencing | p. 73 |
Imprisonment Disparities | p. 74 |
Death Penalty Disparities | p. 76 |
Hate Crimes | p. 78 |
Explanations for Racial Discrimination in the Criminal Justice System | p. 81 |
How Do We Explain the Existence of Racial Discrimination in the Criminal Justice System? | p. 81 |
Summary | p. 84 |
Discussion Questions | p. 85 |
Web Resources | p. 85 |
Lawyers and Ethics | p. 86 |
Legal Ethics: Historical Context | p. 86 |
The Nature of Professional Ethics | p. 87 |
The Principle of Partisanship | p. 88 |
The Principle of Neutrality | p. 88 |
The Lawyer- Client Relationship | p. 89 |
Confidentiality | p. 90 |
Client Perjury | p. 91 |
Client Crime | p. 91 |
Buried Bodies Case | p. 92 |
Defense Lawyers | p. 92 |
The Prosecutor | p. 96 |
The Duty to Ensure Justice Is Done | p. 96 |
Prosecutor Misconduct | p. 97 |
Discretion to Bring Charges | p. 98 |
Prosecution Disclosure of Evidence to the Defense | p. 99 |
Plea Bargaining | p. 100 |
Prosecutorial Misconduct | p. 102 |
Wrongful Conviction Payment | p. 104 |
Convict's DNA Sways Labs, Not a Determined Prosecutor | p. 106 |
Prosecutor Withholds Evidence | p. 106 |
Release After 14 Years | p. 107 |
Judicial Ethics | p. 107 |
Ethical Rules Governing Judges | p. 109 |
Prosecutor Says Tape Shows Brooklyn Judge Took a Bribe | p. 110 |
Judge Receives 28-Year Sentence for Taking Bribes | p. 110 |
Judicial Misfeasance | p. 111 |
Federal Judges and Financial Interest Conflicts | p. 111 |
Appearance of Partiality | p. 111 |
Judicial Bribery | p. 111 |
Gross Abuse of Power | p. 112 |
Texas Judge Reprimanded | p. 112 |
Summary | p. 112 |
Discussion Questions | p. 113 |
The Purpose of Criminal Punishment | p. 114 |
What Is Punishment? | p. 114 |
Theoretical Approaches to Punishment | p. 115 |
Why Punish? The Philosophical Approach | p. 116 |
The Nature of the Punishment: Corporal Punishment | p. 117 |
Deterrence | p. 117 |
Retribution | p. 120 |
Just Deserts | p. 123 |
Reconciling Utilitarian and Retributive Theories | p. 125 |
Rehabilitation | p. 125 |
Incapacitation | p. 127 |
Restorative Justice | p. 128 |
Why Punish? The Sociological Approach | p. 130 |
Summary | p. 133 |
Discussion Questions | p. 133 |
Ethics in Corrections | p. 135 |
The Prison Explosion | p. 135 |
Maximum Security | p. 140 |
Women's Incarceration | p. 145 |
Medium Security | p. 146 |
Minimum Security | p. 146 |
Stateville Prison: The Changing State of Corrections | p. 147 |
Guarding Ethically | p. 150 |
Male Prison Rape and "Deliberate Indifference" | p. 152 |
The Experience of Guarding | p. 152 |
Corruption of Authority | p. 153 |
Power and Authority in Prison: Controlling the Inmates | p. 154 |
The Battle for Compliance | p. 156 |
Evaluating Guards | p. 156 |
Rewards and Punishments | p. 156 |
Enforcing Rule Violations | p. 157 |
Informal Controls | p. 158 |
Guarding With Discretion | p. 159 |
The Gray Wall of Silence: Prison Guard Subculture | p. 160 |
Subculture and Socialization | p. 162 |
Guard Types | p. 163 |
Use of Force | p. 164 |
Sex Offenders and Use of Force | p. 167 |
The Court's View of Correctional Officer Use of Force | p. 169 |
Correctional Policy on the Use of Force | p. 170 |
Prisoner "Power" | p. 170 |
Unethical Situations | p. 171 |
Rape in Prison | p. 171 |
Rape in Prison | p. 172 |
Transgender Experiences of Prison Rape | p. 173 |
Guard Forces Transgender Inmate to Have Sex With Him | p. 173 |
Transgender Prisoners | p. 174 |
Corruption | p. 175 |
Jail Guards Charged With Smuggling | p. 177 |
Fixing a Drink in Prison | p. 177 |
Ex-S.C. Correctional Officer Sentenced | p. 178 |
Whistle-Blowing in Corrections 178 Ethical Considerations in Probation and Parole | p. 179 |
Arming Probation Officers | p. 181 |
Treatment or Control? | p. 182 |
Parole | p. 182 |
Summary | p. 183 |
Discussion Questions | p. 184 |
Web Resources | p. 185 |
The Ethics of Criminal Justice Policy Making | p. 187 |
The Ethics of Policy Making | p. 187 |
An Example of Unethical Policy Making? | p. 190 |
Morality Policy | p. 190 |
Public Opinion About Punishment | p. 192 |
Mandatory Minimum Sentencing | p. 195 |
The War on Drugs | p. 198 |
Truth in Sentencing | p. 200 |
Predators and Superpredators | p. 201 |
Sexual Predators | p. 201 |
Superpredators | p. 204 |
Capital Punishment | p. 205 |
Public Opinion on Capital Punishment | p. 207 |
Private Prisons | p. 211 |
Private Prisons-A Good Policy Choice? | p. 215 |
Disenfranchising Inmates of Their Voting Rights | p. 215 |
Summary | p. 217 |
Discussion Questions | p. 218 |
Web Resources | p. 218 |
Ethics and the "War on Terrorism" | p. 220 |
Defining Terrorism | p. 220 |
Warfare or Crime Control? | p. 222 |
What Are the Morally Justifiable Constraints and Restrictions That a Government Should Be Permitted to Impose on Its Citizens in a War on Terrorism? | p. 227 |
What Moral Restrictions Apply to the Conduct of Counter-terrorist Operations? | p. 232 |
Is Torture Morally Permissible as a Counterterrorist Strategy? | p. 234 |
The Morality of Targeted Killing | p. 239 |
Summary | p. 242 |
Discussion Questions | p. 243 |
Media Ethics and Criminal Justice | p. 244 |
Reporting the Truth | p. 246 |
Avoiding Bias | p. 251 |
Avoiding Harm | p. 252 |
Serving the Public | p. 254 |
Maintaining Trust | p. 255 |
Manipulation | p. 256 |
Summary | p. 257 |
The Application of Ethical Theories to the Criminal Justice System | p. 258 |
Duty and Principle | p. 263 |
Hypothetical and Categorical Imperatives | p. 264 |
The Principle of Universality | p. 264 |
Respect for All Persons | p. 265 |
Kingdom of Ends | p. 267 |
Conflicting Duties | p. 267 |
Applying Deontological Theory | p. 268 |
Rough Justice in a Juvenile Institution | p. 268 |
Summary | p. 271 |
Discussion Case | p. 272 |
Discussion Questions | p. 273 |
Considering the Consequences | p. 274 |
Pleasure and Happiness | p. 276 |
Act Consequentialism | p. 276 |
Rule Consequentialism | p. 277 |
Public Policy and Utilitarianism | p. 277 |
Arguments Criticizing Utilitarianism | p. 277 |
Applying Utilitarian Theory | p. 281 |
Good Friends Are Hard to Find | p. 281 |
Summary | p. 285 |
Discussion Case | p. 285 |
Discussion Questions | p. 286 |
The Importance of Character | p. 287 |
Virtues | p. 288 |
Aristotle and Happiness | p. 290 |
The Golden Mean | p. 291 |
Practical Wisdom | p. 292 |
What's Wrong With Virtue | p. 292 |
Applying Virtue Theory | p. 296 |
Profiling in the Neighborhood | p. 297 |
Summary | p. 299 |
Discussion Case | p. 300 |
Discussion Questions | p. 301 |
Egoism, Pleasure, and Indifference | p. 302 |
Stoicism | p. 302 |
Hedonism | p. 304 |
Ethical Egoism | p. 305 |
Psychological Egoism | p. 305 |
Ethical Egoism | p. 306 |
Applying the Theory of Ethical Egoism | p. 307 |
Giving Your Own Punishment | p. 307 |
Summary | p. 310 |
Discussion Questions | p. 311 |
A Sense of Justice | p. 312 |
Application of the Principles | p. 313 |
Justice as Fairness | p. 315 |
Moral Development | p. 315 |
Applying Rawlsian Theory | p. 316 |
Summary | p. 318 |
Discussion Questions | p. 318 |
Caring for Others | p. 320 |
Kohlberg and Gilligan | p. 320 |
A Theory of Moral Development | p. 320 |
"In a Different Voice": Carol Gilligan | p. 322 |
Gender and the Ethic of Care | p. 324 |
An Ethic of Care | p. 324 |
Developing the Ethic of Care | p. 325 |
The Ethic of Care and Justice | p. 327 |
Peacemaking | p. 328 |
Applying the Ethic of Care | p. 330 |
Tough Love | p. 330 |
Summary | p. 333 |
Discussion Case | p. 334 |
Discussion Questions | p. 335 |
References | p. 336 |
Index | p. 359 |
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