Ethical Dilemmas and Decisions in Criminal Justice, 8th Edition
Chapter 1-14
CHAPTER 1 – Morality, Ethics, and Human Behavior
CHAPTER 1 CONTENTS
Why Study Ethics?
Defining Terms
Making Moral Judgments
Morality and Behavior
Analyzing Ethical Dilemmas
Conclusion
Chapter Review
Key Terms
Study Questions
Writing/Discussion Exercises
CHAPTER OBJECTIVES
1. Give examples of how discretion permeates every phase of the criminal justice system
and creates ethical dilemmas for criminal justice professionals.
2. Explain why the study of ethics is important for criminal justice professionals.
, 3. Learn the definitions of the terms morals, ethics, duties, superogatories, and values.
4. Describe what behaviors might be subject to moral/ethical judgments.
5. Explain the difference between ethical issues and ethical dilemmas.
CHAPTER SUMMARY
This chapter introduces the concepts of ethics and morals. It begins with some hypothetical
situations. You can introduce these examples and just let students talk for a bit about what they
would do. After some discussion, move the query to not “what you would do,” but “why is that
the right thing.” Then, begin the subject of ethics; it is how you answer the question: why is an
act good or bad?
CHAPTER OUTLINE
WHY STUDY ETHICS?
Each of us make decisions that can be judged under ethical standards.
We frequently judge other people’s behaviors as right or wrong.
Criminal justice professionals experience a multitude of these decisions, and these
decisions often have the potential to significantly affect people’s lives.
An ethical analysis of an organization is different from the political, organizational, or
sociological approaches.
Discretion exists at each stage of criminal justice: legislative, enforcement, prosecution,
and corrections.
Understanding the ethical issues involved in one’s profession might help to guide
discretion and prevent abuses of power.
There are many elements to the jobs of criminal justice professionals.
, They each have discretion, that is, the legal authority to make decisions during the
performance of one’s duties.
They must accept that their duty is to protect the constitutional safeguards that are
the cornerstone of our legal system—specifically, due process and equal
protection.
They are public servants.
Should we be concerned with a politician who has extramarital affairs? Drinks to
excess? Gambles? Uses drugs? Abuses his or her spouse? What if the person was a
police officer? A judge? Should a female police officer be sanctioned for posing naked in
a men’s magazine, using pieces of her uniform as “props”?
Should a probation officer socialize in bars that his or her probationers are likely to
frequent? Should a prosecutor be extremely active in a political party and then make
decisions regarding targets of “public integrity” investigations of politicians?
The definition of public servant is someone who serves the public, and is paid from
public purse. Compare Delattre’s ideal versus real life examples.
Further, Felkenes explained why the study of ethics is important for criminal justice
professionals:
Professionalism
Helps develop analytical skills
Criminal justice professionals should quickly recognize the ethical consequences
of various actions
Ethical considerations are central to the decisions criminal justice professionals
make
Ethics is germane to most management and policy decisions
Ethical considerations are essential aspects of criminal justice research
Braswell’s reasons for studying criminal justice ethics are:
Become aware of and open to ethical issues.
Begin developing critical thinking skills.
Become more personally responsible.
Understand how the criminal justice system is engaged in a process of coercion.
Develop wholesight.
, DEFINING TERMS
Greek word ethos pertains to custom (behavioral practices) or character, and morals is a
Latin-based word with a similar meaning.
Morals and Ethics
Morals and morality refer to what is judged as good conduct. (Immorality refers to bad
conduct.)
Ethics refers to the study and analysis of what constitutes good or bad conduct.
Meta-ethics is the discipline that investigates the meaning of ethical systems; Normative
ethics determines what people ought to do and defines moral duties; Applied ethics is the
application of ethical principles to specific issues; Professional Ethics is a specific type
of applied ethics, relating to the behavior of certain professions or groups
Duties
Duties are those actions that an individual must perform in order to be considered moral.
Superogatories are actions that are commendable but not required.
Imperfect duties are general duties that one should uphold, but without specific
application as to when or how.
Values
Values are defined as elements of desirability, worth, or importance. Note the difference
between factual statements and value statements.
Some writers think that value judgments and moral judgments are indistinguishable from
one another because they are both relativistic and individual.
Universalists believe some values are more important than others and that the value
system is universal (i.e., valuing life over money).
Values and morals are similar, but while values merely indicate relative importance,
morals prescribe or proscribe behavior.