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Criminal Justice: Ethics
Ethical Dilemmas and Decisions in Criminal Justice
48
Criminology
11/12/2009

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Term
MORALS
Definition
Principals of right and wrong
Term
VALUES
Definition
Judgments of desirability, worth, or importance.
Term
ETHICS
Definition
The discipline of determining good and evil and defining moral duties.
Term
NORMATIVE ETHICS
Definition
What people 'ought to do; define moral duties.
Term
APPLIED ETHICS
Definition
The study of what is right and wrong pertaining to a specific profession or subject.
Term
PROFESSIONAL ETHICS
Definition
Applied principles of right and wrong relevant to specific occupations or professions.
Term
SITUATIONAL ETHICS
Definition
The philosophical position that although there are a few universal truths, different situations call for different responses; therefore, some action can be right or wrong depending on situational factors.
Term
ETHICAL FORMALISM
Definition
Kant
Focuses on duty; holds that the only thing truly good is a good will, and that what is good is that which conforms to the categorical imperative.
Term
ETHICAL SYSTEMS
Definition
Ethical Formalism, Utilitarianism, Ethics of Religion, Natural Law, Ethics of Virtue, Ethics of Care, Egoism, Deontological, Teleological
Term
UTILITARIANISM
Definition
Claims that the greatest good is that which results in the greatest happiness for the greatest number.
Term
ETHICS OF RELIGION
Definition
Based on religious beliefs of good and evil; what is good is that which is God's will.
Term
NATURAL LAW
Definition
Idea that principles of morals and rights are inherent in nature and not human made.
Term
ETHICS OF VIRTUE
Definition
Bases ethics largely upon character and possession of virtues.
Term
ETHICS OF CARE
Definition
Defines good as meeting the needs of others and preserving and enriching relationships.
Term
EGOISM
Definition
Defines the pursuit of self-interest as a moral good.
Term
ETHICAL RELATIVISM
Definition
Term
DEONTOLOGICAL
Definition
Study of duty or moral obligation emphasizing the intent of the actor as the element of morality.
Term
TELEOLOGICAL
Definition
Concerned with the consequences or ends of an action to determine goodness.
Term
CATEGORICAL IMPERATIVES
Definition
The concept that some things just must be, with no need for further rationalization for why they exist.
Kant- You should do your duty, act in a way you want everyone else to act, and dont use people.
Term
HYPOTHETICAL IMPERATIVES
Definition
Statements of contingent demand known as if-then statements (if I punch him, then I will get in trouble).
Term
RELATIVISM
Definition
Term
DETERMINISM
Definition
Genetically built. No chance in changing things.
Term
INTENTIONALISM
Definition
No control but only opportunity.
Term
PRINCIPLE OF FORFEITURE
Definition
The idea that one gives up ones right to be treated under the principles of respect for persons to the extent that one has abrogated someone else rights; for instance, self-defense is acceptable according to the principle of forfeiture.
Term
CIVIL DISOBEDIENCE
Definition
Voluntarily breaking established laws based on ones moral beliefs.
Term
COGNITIVE DISSONANCE
Definition
Psychological term referring to the discomfort that is created when behavior and attitude or belief are inconsistent.
Term
COMMUTATIVE JUSTICE
Definition
The component of justice that is concerned with the fairness of contracts and business relations.
Term
CONFLICT PARADIGM
Definition
The idea that groups in society have fundamental differences and that those in power control societal elements, including law.
Term
CORRECTIVE JUSTICE
Definition
The component of justice that is concerned with punishment and sanctions.
Term
CULPABILITY
Definition
Blameworthiness
Term
DISTRIBUTIVE JUSTICE
Definition
The component of justice that is concerned with allocation of the goods and burdens of society.
Term
DUE PROCESS
Definition
Constitutionally mandated procedural steps designed to eliminate error in any governmental deprivation of protected liberty, life or property.
Term
EXCLUSIONARY RULE
Definition
Court-created rule of evidence that excludes evidence obtained through illegal means, except in certain instances, such as "good faith", "public safety", and "inevitable discover".
Term
LEGAL MORALISM
Definition
A justification for law that allows for the protection and enforcement of societal morals.
Term
MECHANICAL SOLIDARITY
Definition
Durkheim
Concept of societal solidarity as arising from SIMILARITIES among societies members.
Term
ORGANIC SOLIDARITY
Definition
Durkheim
Concept of societal solidarity as arising from DIFFERENCES among people.
Term
PATERNALISM LAW
Definition
Term
PLURALISTIC PARADIGM
Definition
Society is made up of COMPETING groups of interests; interests may change due to societal change.
Term
PROCEDURAL JUSTICE
Definition
The component of justice that concerns the steps taken to reach a determination of guilt, punishment, or other conclusion of law.
Term
REPRESSIVE LAW
Definition
Durkheim
Law provides an example of deviance; providing a view that law controls behavior that is different from the norm.
Term
RESTITUTIVE LAW
Definition
Durkheim
View that resolves conflicts between equals, as in commutative justice.
Term
RESTORATIVE JUSTICE
Definition
An approach to corrective justice that focuses on meeting the needs of all concerned.
Term
RETRIBUTIVE JUSTICE
Definition
The criminal must suffer pain or loss proportional to what the victim was forced to suffer. Same as LEX TALIONIS (Vengeance: eye for an eye; tooth for a tooth)
Term
SOCIAL CONTRACT
Definition
The state of nature is a "war of all against all" and, this, individuals give up their liberty to aggress against others in return for safety; the contract is between society, which promises protection, and the individual, who promises to abide by laws.
Term
SUBSTANTIVE JUSTICE
Definition
Concerns JUST DESERTS, in other words, the appropriate amount of punishment for a crime.
Term
5 Goals to Why we Study Ethics
Definition
1. Become aware of and open ethical issues.
2. Begin developing critical thinking skills.
3. Become more personally responsible.
4. Understand how the criminal justice system is engaged in a process of action.
5. Develop whole-sight
Term
CONSENSUS PARADIGM
Definition
The idea that most people have similar beliefs, values, and goals and that societal laws reflect the majority view.
Term
LEX TALIONIS
Definition
Revenge. Eye for an eye and tooth for a tooth.
Similar to Retributive Justice.