CHAPTER 1

Morality, Ethics, and Human Behavior

Why Study Ethics?

Ethical issues exist in all areas of criminal justice system

(from passage of laws to punishment)

Learning how to determine the right thing to do is

critical
Criminal justice professionals have varying degrees of

discretion, authority, and power

Criminal justice professionals encounter a multitude of

situations in which they must make choices that affect peoples lives

discretion The power and authority to make a choice between two or more options.
Legislators: in making laws and determining punishment Police: in enforcing laws Attorneys and Judges: affecting justice process Correctional Professionals: affecting offenders lives

What do criminal justice professionals have in common?

power to make decisions
duty to enforce the law

obligation to provide due process and

equal protection for all

commitment to public service

The Most Corrupt Members of Congress, 2011

Allegations 19 members of congress were corrupt 14 members violated the law or engaged in serious misconduct 5 lack regarded for rules

Ethical Demands on Public Servants

(Edwin Delattre)
Wisdom Good character

Balanced perception
Integrity (habits of justice, temperance,

courage, compassion, honesty, fortitude, and disdain for self-pity)

Principles of Public Service Ethics

1. 2. 3. 4. 5.

Public Service Treating the office as a public trust Objective Judgment Free from conflict of interest Accountability Open decision making Democratic Leadership Letter/spirit of the law Respectability Avoiding appearance of impropriety
SOURCE: Adapted from Josephson Institute of Ethics, Preserving the Public Trust, available through www.josephsoninstitute.org

Goals of the study of ethics

-Braswell

Become aware of and open to ethical issues Begin developing critical thinking skills Become more personally responsible Understand coercive element of the justice system Develop wholesight (the ability to explore with ones heart as well as ones mind)

We Study Ethics
Because criminal justice is uniquely involved in

coercion (there are many and varied opportunities to abuse power). public servants and, thus, owe special duties to the public they serve. tools to help identify and resolve dilemmas they may face in lives.

Because all criminal justice professionals are

To sensitize students to ethical issues and provide

Defining Terms
morals The judgment of behavior as right or wrong. The term moral is often used as an adjective to describe a persons actions. ethics The study and analysis of what constitutes good or bad conduct. The term ethics is often used as an adjective to refer to behaviors relating to a profession (Example: Hippocratic Oath for physicians). * The two words are often used interchangeably.

Why Are Certain Behaviors Considered Criminal?

Public safety is usually the reason given
In other cases, morality is used for

determining which behaviors should be illegal (Examples: Drugs, gambling, prostitution, and same-sex marriage)
How do legislators use their discretion to

balance the rights of ALL people?

 Currently eight states allow

same-sex marriage
How do legislators

SameSex Marriage Example

determine what the right thing to do is?

What do you think legislators

should do? Why?

Does your state permit

same-sex marriage?

Defining Terms
meta-ethics Technical investigation of the meaning of ethical terms, as well as how ethical statements can be verified.
normative ethics Definition of right conduct and moral duties. applied ethics Application of ethical principles to specific issues or fields. professional ethics Examination of the behavior of certain professional groups.

Defining Terms
duties Moral obligations that one must carry out to be considered ethical.
supererogatory An act that goes beyond duty and is not required to be considered good or moral. imperfect duties General obligation with no specific acts.

 Served as sheriff in Noble County,

Ohio for 36 years

Convicted of a felony count of

Sheriff Landon T. Smith 2009

unlawful interest in a public contract and a misdemeanor count of conflict of interest (for nepotism and using prisoners to perform labor at his properties)
How did he fare in the local court of

public opinion ?
What ethical violations did he commit?

values Criteria of desirability, worth, or importance.

Honesty Health Family

Financial success
Beauty

What else are values? Are some more important than others?

 Honesty Sense of urgency Attention to detail Team oriented

Example of Agency Values: Core Values of the Ohio State Highway Patrol

Professionalism Adaptability Self-discipline Performance driven

Officer Safety

To be judged moral or immoral, behavior must involve:

human acts of free will

affecting others.

 2007 Convicted for conspiracy in an

Michael Vick

interstate dog-fighting operation 70 dogs involved Pled guilty and received 21 months in federal prison After his release, signed by Philadelphia Eagles Was his behavior ethical? Discuss different views

Inventory of Ethical Issues

Individual or Other Employees backstabbing and lack of support gossip sexual or racial harassment lying to cover up blame taking credit for others work sexual or racial harassment

Organization and Employees

sexual or racial harassment by supervisors

discouraging honest criticism or feedback

arbitrary or unfair decisions inadequate compensation inadequate training unrealistic or inappropriate demands putting employees in unnecessary danger

 Judge is accused of creating an

uncomfortable work environment for a female court employee.

Allegations unfolded after judge

Cass County Judge Accused of Sexual Harassment - 2012

expressed negative issues regarding the victim's performance.

The Supreme Court says it legally

could not charge the judge, as he is an elected official and not an employee.
What ethics did he violate?

By the Individual and Organization

work ethic (days work for a days pay)
petty theft of supplies or cash overtime abuse

gifts and gratuities

falsifying reports misuse of sick days

personal use of supplies or equipment

Morality and Behavior

Even when people know what is right, sometimes they choose to do wrongwhy?
Criminology (learning, role modeling, & biological

predisposition) Psychology Other fields seek to answer this question Are people fundamentally good or fundamentally bad?

Thinking Point

Omar Thornton of Connecticut walked into his employer, Hartford Distributors, for a hearing concerning his possible termination. During the meeting, Thornton pulled out a pistol and shot ten of his coworkers, killing eight, before turning the gun on himself.
What caused Thornton to carry out

this horrific act? Was he born intrinsically bad? Was he a good person that had a tragic turn of circumstances that forced him into a criminal act?

Ethical Issues and Dilemmas

Decriminalization of soft Use drugs? Turn in your brother as a

drugs? Sex-offender registries? Death penalty? Mandatory DNA testing? Three-strikes legislation? Racial profiling? Same-sex marriage? Abortion?

sex offender? Vote for the death penalty as a juror? Lie to a friend? Turn in your partner for using excessive force? Stop a black driver in an expensive car?

Steps for Clarifying Ethical Dilemmas

1. Review all the facts.
2. Identify relevant values and concepts of all

parties. 3. Identify all moral issues of each party. 4. Identify most immediate moral issue facing an individual. 5. Resolve the dilemma by using an ethical system or other means of decision making.

 Black grandmother and 2 teenagers

Utah Highway Patrol Officer Accused of Racial Profiling

stopped for traffic violation Driver refused to allow vehicle to be searched Officer called K-9 to conduct sniff When driver asked why officer thought they were transporting narcotics, he pointed to his uniform insignias on his shoulder and said, this makes me think it Was the officer acting ethically? Was his response appropriate?

Chapter Review
Discretion permeates every phase of the

criminal justice system The study of ethics is critical for criminal justice professionals The terms morals and ethics both relate to standards of behavior Its important to be able to identify and resolve ethical issues and dilemmas