#3 Ethics in Criminal Justice

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#3 Ethics in Criminal Justice

Part A: Answer each of the following questions in one or two paragraphs.

Discuss the criticisms of the utilitarian framework.



Utilitarianism refers to a theory that finds the right action is the one that brings about the most good for the most people. The fist argument for the utilitarian framework is that there is no easy answer applying this viewpoint (Brown, 2012).

For example the new healthcare law is good for the majority of the people but the majority of the people reject the law as being unconstitutional. The second criticism is under this theory promises can be broken, such as contracts, if they no longer bring about the most good for the most people. Brown, C. (2012). Utilitarianism. Retrieved January 3, 2012 from http://www.trinity.edu/cbrown/intro/utilitarianism.html

1. What are some of the subculture similarities between police officers and correctional officers?  The police and correctional culture involves the shared values, behaviors, beliefs, and attitudes that becomes the norm for the members of the law enforcement agencies. In both corrections and policing, officers are bound to follow orders from the leadership and must display professional behavior. Officers in both fields face extreme danger requiring fellow officers to have their backs while in the field or within the prison environment. This creates a brotherhood or kinship that is fiercely protected in both environments. In the police and correctional fields the officer is provided with a great deal of authority, especially police officers, which become symbols of power and results in n us versus them mentality. In both the policing and correctional fields the officers develop similar personalities and strong bonds of loyalty that when threatened results in a code of silence where officers cover up for each other or find ways to rationalize what might be considered poor behavior.

Part B: Answer each of the following questions in one to four sentences.

1. What do the ethics of care involve? The ethics of care involves establishing relationships in order to promote the well being of others. 2. Describe egoism as an ethical system. Egoism as an ethical system finds that people should work to serve their own self interest. 3. Explain the difference between the consensus paradigm of law and the conflict paradigm of law. The consensus paradigm of law involves the societal norms that are established in the community based on what the majority of its members deem to be right or wrong. The conflict paradigm, however, finds that law is established by the government who define what is considered right and wrong in society. 4. How is the social contract involved in the justification for police power? The social contract is an unspoken agreement by members of society to cooperate with the laws that are established by people of authority. Police power is justified by the social contract because the goal of the police is to enforce the laws put into place are enforced. If laws are not enforced then crime will flourish breaking the social contract. 5. What are the dominant themes of the law enforcement formal code of ethics?

Dominant themes in police code of ethics include is a promise to safeguard life, protect rights of citizen, display moral and ethical behavior in the field, honesty and integrity, and treating all citizens fairly and equally. 6. State the two main arguments for ethical relativism. The two main arguments for ethical relativism are the argument for moral disagreement and the tolerance argument. 7. When can a lawyer ethically reveal client confidences? A lawyer can ethically reveal client confidences when they are given permission by their client. 8. Why does the exclusionary rule exist? The exclusionary rule exists as checks and balance on the actions of law enforcement and other criminal justice professionals when police gather evidence illegally the Exclusionary rule levels the playing field. 9. Explain the retributive rationale for punishment. The retributive rational for punishment is to ensure that criminal offenders pays for the crime they have been committed. It is an eye for an eye or punishment that is morally deserved by the offender. 10. What is corrective justice? Corrective justice involves paying restitution to the victim in order to repair them to the place they were before the crime occurred.

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