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Cover

Criminal Justice Ethics

A Framework for Analysis

John J. Sloan, III

Publication Date - October 2018

ISBN: 9780190639136

480 pages
Paperback
7-1/2 x 9-1/4 inches

In Stock

Retail Price to Students: $94.99

Gives students a framework for analyzing ethical issues involving criminal justice practitioners

Description

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.

Features

  • Opens with an overview of ethics, followed by chapters on ethical systems, moral dilemmas in criminal justice, and moral reasoning
  • Examines common ethical issues confronting criminal justice practitioners, beginning with the police, moving through the courts (prosecutors, defense attorneys, and judges), and ending with corrections (probation/parole officers and correctional officers)
  • Includes separate chapters on ethical issues involving forensic science and research ethics
  • Presents the author's original, practical "framework for analysis" that includes a template students can use to organize relevant information and effectively evaluate ethical issues like police officers accepting gratuities or prison inmates being used for biomedical research
  • Case Studies in the chapters describe real-world scenarios--or actual events that generated significant media coverage--and ask students to reach conclusions about the ethics of the behavior described
  • Thought Exercises in the chapters inspire further reflection on, or discussion about, key issues in criminal justice ethics
  • An online Ancillary Resource Center offers adopters an Instructor's Manual, a Computerized Test Bank, and PowerPoint lecture outlines
  • A free, open-access Companion Website provides a wealth of student resources including flashcards, practice quizzes, and links to further resources

About the Author(s)

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).

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

Table of Contents

    Each chapter ends with Key Terms, Discussion Questions, Resources, and References.
    Acknowledgments
    Preface
    List of Tables
    List of Figures
    CHAPTER 1. AN OVERVIEW OF ETHICS
    CHAPTER OUTLINE
    CHAPTER LEARNING OBJECTIVES
    INTRODUCTION
    WHAT IS MORALITY?
    DESCRIPTIVE AND NORMATIVE MORALITY
    Descriptive Definitions of Morality
    Etiquette, Law, and Religion
    Normative Definitions of Morality
    WHAT IS "ETHICS?"
    METAETHICS
    Metaphysical Issues
    Psychological Issues
    Egoism and Altruism
    Emotion and Reason
    Male Versus Female Morality
    NORMATIVE ETHICS
    Teleological Ethics
    Deontological Ethics
    Virtue Ethics
    APPLIED ETHICS
    Professional Ethics
    Codes of Professional Ethics
    The Importance of Professional Ethics
    THE RELATIONSHIP BETWEEN MORALITY AND ETHICS
    MORALITY, ETHICS, AND THE CRIMINAL JUSTICE PRACTITIONER
    THE NATURE AND SOURCE OF PRACTITIONER VALUES
    Case Study 1.1. Discovering Personal Values
    The Occupational Career of the Practitioner
    The Moral Career of the Practitioner
    VALUES IN ACTION: TWO MODELS OF THE CRIMINAL JUSTICE PROCESS
    Crime Control Model
    Due Process Model
    Summary
    Thought Exercise 1.1: Ethical Issues and the Exercise of Discretion in Criminal Justice
    CHAPTER 2. SYSTEMS OF ETHICS
    CHAPTER OUTLINE
    CHAPTER LEARNING OBJECTIVES
    INTRODUCTION
    SYSTEMS OF ETHICS
    General Distinctions
    FOCUSING ON BEHAVIOR: TELEOLOGICAL ETHICS
    Ethical Egoism
    Critique of Ethical Egoism
    Act Utilitarianism
    Critique of Act Utilitarianism
    Rule Utilitarianism
    Critique of Rule Utilitarianism
    FOCUSING ON BEHAVIOR: DEONTOLOGICAL ETHICS
    Kantian Ethics
    The Categorical Imperative
    The Hypothetical Imperative
    Critique of Kantian Ethics
    Religious Ethics: Divine Command Theory (DCT)
    The Euthyphro Dilemma
    Modified Divine Command Theory
    Critique of Divine Command Theory
    FOCUSING ON CHARACTER: VIRTUE THEORIES
    Virtue 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 Police
    CHAPTER 3. MORAL DILEMMAS IN CRIMINAL JUSTICE
    CHAPTER OUTLINE
    CHAPTER LEARNING OBJECTIVES
    INTRODUCTION
    THE MORAL ARENA
    MORAL DILEMMAS
    The Role of Emotion in Moral Dilemmas
    Categories of Moral Dilemmas
    Epistemic and Ontological Dilemmas
    Self-Imposed and Other-Imposed Dilemmas
    Obligation-Based and Prohibition-Based Dilemmas
    Moral Dilemmas and Conflicting Obligations
    Resolving Dilemmas: Common-Sense Morality?
    MORAL DILEMMAS AND CRIMINAL JUSTICE PRACTITIONERS
    Moral Dilemmas and the Police
    Thought Exercise 3.1. Obligations and Moral Dilemmas Involving Police Officers
    Moral Dilemmas and Prosecutors
    Thought Exercise 3.2. Moral Obligations and Moral Dilemmas Involving Prosecutors
    Moral Dilemmas and Defense Attorneys
    Thought Exercise 3.3. Moral Obligations and Moral Dilemmas Involving Criminal Defense Attorneys
    Moral Dilemmas and Judges
    Moral 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 Officers
    Summary
    Case Study 3.1: Whistleblowing in the Criminal Justice System
    CHAPTER 4. MORAL REASONING AND CRIMINAL JUSTICE ETHICS
    CHAPTER OUTLINE
    CHAPTER LEARNING OBJECTIVES
    INTRODUCTION
    MORAL REASONING
    What 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 Dumbfoundedness
    THE DEVELOPMENT OF MORAL REASONING
    Kohlberg's Levels and Stages of Moral Reasoning
    Criticisms of Kohlberg's Theory
    Methodological Issues
    Problems With Kohlberg's Theory
    GUIDING PRINCIPLES FOR MORAL REASONING
    The Structure of Moral Arguments
    Formal Principles of Moral Reasoning
    General Rules to Guide Moral Reasoning
    Normative Claims
    Consistency in Thinking
    Specific Rules in Moral Reasoning: Avoiding Errors
    Mine-Is-Better Thinking
    Double Standards
    Unwarranted Assumptions
    Oversimplification
    Hasty Conclusions
    Tu Quoque
    Moral Conventionalism
    Moral Legalism
    Moral Prudentialism
    Slippery Slopes
    Argument to the People
    Red Herrings
    Summary
    Thought Exercise 4.1: The Ethics of Assembly-Line Justice
    CHAPTER 5. A FRAMEWORK FOR ANALYSIS
    CHAPTER OUTLINE
    CHAPTER LEARNING OBJECTIVES
    INTRODUCTION
    A FRAMEWORK FOR ANALYSIS
    A TEMPLATE FOR ANALYSIS
    Facts
    Details
    Case Study 5.1: The Rookie and the Restaurant Tab
    Ethical Issue
    Identifying Moral Ideals
    Substantive and Procedural Ideals
    Principle of Respect for Persons
    Identifying Obligations
    Fidelity Obligations
    Nonfidelity Obligations
    Obligations in the Template
    --When Obligations Conflict
    --When Ideals and Obligations Conflict
    Identifying Consequences
    Types of Consequences
    The Principle of the Double Effect
    Implicit Opposites When Identifying Consequences
    The Conclusion
    Case Study 5.2: The Hostess and the Police Officer
    Summary
    Case Study 5.3: The Ethics of Campaign Contributions for Judges
    CHAPTER 6. POLICE ETHICS--A CONTEXTUAL OVERVIEW
    CHAPTER OUTLINE 1
    CHAPTER LEARNING OBJECTIVES
    INTRODUCTION
    THE FUNCTIONS OF POLICE IN MODERN AMERICA
    Prominent Features of American Policing
    THE CONTEXT OF POLICE ETHICS
    The Individual Context of Police Ethics
    Individual Characteristics and Police Ethics
    --Rotten Apples Theory
    The Organizational Context of Police Ethics
    Rotten Barrels Theory
    The Community Context of Police Ethics
    Rotten Orchards Theory
    ETHICAL ISSUES IN THE RECRUITMENT, SELECTION, AND TRAINING OF POLICE OFFICERS
    Police Recruitment and Selection
    Prehiring Procedures
    Police Academy Training
    Field Training
    Ethical Issues in Field Training
    The Police Officer's Occupational Career
    ETHICAL ISSUES AND THE CULTURE OF POLICING
    Adaptations to the Stresses of Policing
    Police Gratuities
    Competing Views on Gratuities
    The Exchange Nature of Gratuities
    The Moral Career of the Police Officer
    Case Study 6.1: Police Gratuities
    THE ORGANIZATIONAL ENVIRONMENT OF POLICING
    Factors 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 Mechanisms
    Summary
    Thought Exercise 6.1: The Ethics of Preemployment Psychological Evaluations (PPEs)
    CHAPTER 7. ETHICS AND THE TACTICS OF POLICING
    CHAPTER OUTLINE
    CHAPTER LEARNING OBJECTIVES
    INTRODUCTION
    MODERN POLICE WORK
    A Typology of Police Work
    THE USE OF DECEPTION BY POLICE
    Deception During Investigation
    Police Stings
    Legal Limits on Deception During Investigation
    Deception During Interrogation
    Police Interrogation Techniques
    --The Reid technique
    --Critique of the Reid technique
    Legal 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 Confessions
    Deception 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 POLICE
    Police Agencies and Surveillance
    Passive Surveillance and Biased Policing
    Profiling and Racial Profiling
    The Problems with Profiling
    The Ethics of Police Surveillance
    Ethical Surveillance
    TEACHING AND LEARNING POLICE ETHICS
    Justifications for Teaching Police Ethics
    To 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 Policing
    CHAPTER 8. ETHICS AND THE COURTS
    CHAPTER OUTLINE
    CHAPTER LEARNING OBJECTIVES
    INTRODUCTION
    THE COURTROOM WORKGROUP
    Goals of the Courtroom Workgroup
    Workgroup Dynamics
    ETHICS AND PROSECUTORS
    The Prosecution Function
    Standards for the Prosecution Function
    The Ethics of Prosecuting People
    Narrowness and Cynicism
    Discretion
    Winning
    Prosecutorial 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 Penalty
    ETHICS AND DEFENSE COUNSEL
    The Defense Function: Model Standards
    Broad Functions of Defense Counsel
    Relationship with Clients
    Standards for Defense Counsel During Litigation
    Standards for Defense Counsel Post Conviction
    Defense Tactics and the Ethical Issues They Raise
    "Zealously" Defending Clients
    --"Rambo" Litigation
    --Returning Civility to Litigation
    Case Study 8.2: Defending the Indefensible
    ETHICS AND THE JUDICIARY
    Functions of the Judiciary
    Model Standards for the Judiciary
    ABA Model Code of Judicial Conduct
    Code of Conduct for Federal Judges
    Summary
    Thought Exercise 8.1: Regulating the Practice of Law
    CHAPTER 9. THE ETHICS OF LEGAL PUNISHMENT
    CHAPTER OUTLINE
    CHAPTER LEARNING OBJECTIVES
    INTRODUCTION
    THE LEGAL PUNISHMENT OF CRIMINALS
    Crime, Legal Punishment, and the State
    Defining Legal Punishment
    JUSTIFICATIONS FOR LEGAL PUNISHMENT
    Consequentialist Justifications for Legal Punishment
    Deterrence
    Incapacitation
    Rehabilitation
    Critiques of Consequentialist Justifications for Legal Punishment
    Retributivist Justifications for Legal Punishment
    Guiding Principles of Retributivism
    --Sentencing Guidelines
    Critiques of Retributivist Justifications for Legal Punishment
    Other Justifications for Legal Punishment
    Rights Forfeiture Theory
    Critique of Rights Forfeiture Theory
    Moral Education Theory
    Critique of Moral Education Theory
    CAPITAL PUNISHMENT: A SPECIAL CASE
    Capital Punishment: An Overview
    Legal Aspects of Capital Punishment
    Justifications for Capital Punishment
    Race and Capital Punishment
    Executing Innocents
    The Death of Capital Punishment
    Summary
    Thought Exercise 9.1: Legal Punishment in Scandinavia: A Different Response
    CHAPTER 10. ETHICS AND INSTITUTIONAL CORRECTIONS
    CHAPTER OUTLINE
    CHAPTER LEARNING OBJECTIVES
    INTRODUCTION
    INSTITUTIONAL CORRECTIONS AND PUNISHING OFFENDERS
    Who's Incarcerated?
    The Characteristics of Incarcerated Persons in America
    Ethical Issues and Prisons
    PRISONS AS PUNISHMENT
    Who Should Be Imprisoned?
    What Do the Undeserving Deserve?
    The Conditions of Confinement
    Privatization
    Abolition
    PRISONS FOR PUNISHMENT
    Correctional Staff in this Country
    Ethics and Correctional Officers
    Correctional Officer Duties
    Correctional Officer Skills
    The Occupational Culture of Correctional Officers
    --Types of Correctional Officers
    Correctional Officer Code of Ethics
    Ethics and Treatment Staff
    Treatment Staff Code of Ethics
    Ethical Issues and Correctional Officers
    Reciprocity in Prison
    Prison Corruption
    Classifying Correctional Officer Misconduct
    Understanding Correctional Officer Misconduct
    --The Lucifer Effect
    Responding to Correctional Officer Misconduct
    Ethical 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 Relationships
    ETHICAL ISSUES AND JAILS
    The Misuse of Jails in America
    Summary
    Thought Exercise 10.1: The Ethics of Solitary Confinement
    CHAPTER 11. ETHICS AND COMMUNITY-BASED CORRECTIONS
    CHAPTER OUTLINE
    CHAPTER LEARNING OBJECTIVES
    INTRODUCTION
    AN OVERVIEW OF COMMUNITY-BASED CORRECTIONS
    Probation: Its History and Administration
    Parole: Its History and Administration
    Intermediate Sanctions: History and Purpose
    COMMUNITY CORRECTIONS OFFICERS
    Characteristics of Probation/Parole Officers
    Probation/Parole Officer Training
    Ethical Standards for Probation/Parole Officers
    The Occupational Culture of Probation/Parole Officers
    Duality in the Role of Probation/Parole Officer
    Ethical Implications of Probation/Parole Officer Duality
    ETHICAL ISSUES IN COMMUNITY CORRECTIONS
    Acceptable Penal Content
    Probation/Parole Officer Caseload and Workload
    Arming Probation/Parole Officers
    Case Study 11.1: The PPO's Dilemma
    Offender-Funded Corrections
    For-Profit Privatization of Community-Based Corrections
    Summary
    Thought Exercise 11.1: The Ethics of Electronic Monitoring (EM)
    CHAPTER 12. ETHICS AND FORENSIC SCIENCE
    CHAPTER OUTLINE
    CHAPTER LEARNING OBJECTIVES
    INTRODUCTION
    AN OVERVIEW OF FORENSIC SCIENCE AND ITS PRACTICE
    The Disciplines of Forensic Science
    Forensic Scientist Hiring and Training
    The Occupational Culture of Forensic Practitioners
    FORENSIC SCIENCE STANDARDS AND CODES OF ETHICS
    Ethical Standards for Crime Laboratories
    Practitioner Code of Ethics
    ETHICAL ISSUES IN THE PRACTICE OF FORENSIC SCIENCE
    Laboratory Analytical Procedures
    Insufficient Analysis
    Dry-Labbing
    Indiscriminate Analysis
    Analyzing to Fit the Law
    Courtroom Testimony
    The Difference Between Science and Law
    Closing the Gap
    Privatization of Forensic Services
    Obligations to Maintain Professional Competence
    Keeping Up With a Changing Field
    --Proficiency Testing
    --Competency Testing
    --Certification
    Continuing Education
    Whistleblowing
    Summary
    Thought Exercise 12.1: Questioning the Science Behind Forensic Science
    CHAPTER 13. ETHICS AND CRIMINAL JUSTICE RESEARCH
    CHAPTER OUTLINE
    CHAPTER LEARNING OBJECTIVES
    INTRODUCTION
    THE RESEARCH PROCESS: AN OVERVIEW
    Human Inquiry and the Role of Science
    The Rules of Scientific Inquiry
    Social Scientific Research
    CODES OF ETHICS AND GUIDING PRINCIPLES IN RESEARCH
    The Nuremberg Code
    Guiding Principles
    The Helsinki Declaration
    Guiding Principles
    The Belmont Report
    Guiding Principles
    Impact of the Belmont Report
    Case Study 13.1: The Prison Warden's Dilemma
    ETHICAL ISSUES IN SOCIAL SCIENCE RESEARCH
    Why Care About Research Ethics?
    Informed Consent
    Accurate Information
    Understanding
    Voluntariness
    Objections Surrounding Informed Consent
    Confidentiality
    Justifications for Confidentiality
    Protecting Confidentiality
    Managing Harm
    Conceptualizing Harm
    Conflicts of Interest
    Case Study 13.2: Conflicts of Interest in Criminological Research
    Contributing Factors
    Researcher Safety
    Issues in Researcher Safety
    Addressing the Risks of Harm
    Integrity and Misconduct
    Frequency of Scientific Misconduct
    Reasons Scientific Misconduct Occurs
    Preventing Scientific Misconduct
    Summary
    Thought Exercise 13.1: Ethical Issues in the Use of Self-Reports to Study Crime
    CHAPTER 14. THE FUTURE AND CRIMINAL JUSTICE ETHICS
    CHAPTER OUTLINE
    CHAPTER LEARNING OBJECTIVES
    INTRODUCTION
    A PRESCRIPTION FOR THE FUTURE
    The Organizational Context of Criminal Justice Ethics
    Modeling Ethics
    Case Study 14.1: The Organizational Context of Ethics: The LAPD Rampart Scandal
    Proactive Strategies
    Hiring Toward the Community
    Thought Exercise 14.1: The Advantages of a College Degree for Decision-Making Skills
    Evaluate Agency Practices
    Summary
    Thought Exercise 14.2: The Ethics of Presumed Guilt
    Index