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CRIM 310 Ethics in Criminal Justice
Midterm - Dr. Joseph Petersen - Cal State LA
95
Criminal Justice
Undergraduate 3
05/02/2014

Additional Criminal Justice Flashcards

 


 

Cards

Term
What distinguishes criminal justice officials from other public servants?
Definition
Criminal justice involves the use of coercion and many opportunities to abuse power. Criminal justice professionals are public servants and owe duty to citizens they serve . Make students aware of issues and provide tools to identify and resolve dilemmas they are likely to face!
Term
Why does Braswell say it is important to study ethics?
Definition
Become aware of ethical issues, Develop critical thinking skills, Accept personal responsibility for one’s actions, Understand the coercive elements of the criminal justice system, Develop wholesight – what Pollock/Braswell calls the ability to act with one’s heart and one’s mind
Term
Meta ethics (Branches of Ethics)
Definition
The technical investigation of the meaning of ethical terms and how ethical statements can be verified
Term
Normative ethics (Branches of Ethics)
Definition
Definition of right conduct and moral duties
Term
Applied ethics (Branches of Ethics)
Definition
Application of ethical principles to specific issues
Term
Professional ethics (Branches of Ethics)
Definition
Examination of the behavior of certain professional groups
Term
Duties
Definition
Actions an individual must perform to be considered moral/to be considered good
Term
Superogatory Duties
Definition
An act that goes beyond duty and is not required to be considered good or moral. Example: World Trade Center Acts by police & fire
Term
Imperfect Duties
Definition
General obligation with no specific acts (generosity)
Term
What are the best known ethical systems we have discussed?
Definition
Ethical Formalism, Utilitarianism, Religion, Natural Law, Ethics of Virtue, ethics of care, & Egoism.
Term
How do ‘values’ fit within various ethical systems?
Definition
The values of life, respect for the person, and survival.
Term
What sorts of behaviors are judged under ethical standards?
Definition
1) an act 2) that are human and 3) of free will 4) that affect others.
Term
How does Pollack recommend we analyze ethical dilemmas?
Definition
1) Identify the facts, 2) Identify relevant values and concepts, 3) Identify all possible moral dilemmas, 4) Decide what is the most immediate moral or ethical issue facing the individual, 5) Resolve the ethical or moral dilemma by using an ethical system or some other means of decision making.
Term
Deontological Ethical Systems
Definition
Good is defined by the inherent nature of an act
Term
Teleological Ethical Systems
Definition
Good is defined by results.
Term
Ethical Formalism
Definition
A deontological system. Good will (motivation) is only thing that is intrinsically good. Duty is required behavior. It is self imposed and necessary to morality. Only if help derives from good will is it truly good.
Term
Hypothetical Imperative (Ethical Formalism)
Definition
Drive us to achieve certain ends. Are consequential in nature. Are neither moral or immoral.
Term
Categorical Imperatives (Ethical Formalism)
Definition
Are absolute. Are based on good will. Determine morality. You must not lie.
Term
Utilitarianism
Definition
An action’s morality depends on how much it contributes to the good of the majority (society). Humans seek to maximize pleasure and avoid pain. Here, the rights of the individual may be sacrificed for the good of many. Good equals the greatest good for the greatest number.
Term
Aristotle was a very famous philosopher. What did he say about the ethics of virtue?
Definition
True virtue is the median between the extremes of nature – the ‘golden mean’. People by nature are neither good nor evil but develop virtues through practice – just like any other strength. Moral virtues come from habit. Those with good character will do the right thing in most cases. (Tell the grocery clerk they gave us the wrong change.)
Term
Ethics of Care
Definition
Based on nurturance and meeting the needs of people – more of a feminine morality. Contrasted with other Western systems of ethics focusing on rights and laws. Emphasis is on needs rather than rights. Closer to the rehabilitative ethic than the just-deserts model. Based on needs rather than retribution. Peacemaking/compassion (Braswell and Gold)
Term
Egoism
Definition
Is based on what is good for one’s own survival and personal happiness.
Term
All discussions of justice have three continuing themes. What are they?
Definition
Fairness - equal treatment, Equality - similar cases should be treated equally, Impartiality - fair treatment without bias
Term
Know the characteristics of Rawls’ ‘veil of ignorance’.
Definition
Decisions about distribution should be made without regard to one’s status because justice and fairness are in everyone's rational self-interest. Policymakers should do their best to ask how a policy would affect the most disadvantaged member of society. Typically, we make policies for other people, knowing they will never apply to ourselves.
Term
There are two important features of corrective justice. What are they?
Definition
Substantive Justice and Procedural Justice
Term
Substantive Justice (Corrective Justice)
Definition
Based on the concept of ‘just deserts’ (punishment proportional to the degree of harm incurred). Involves the determination of a “fair” punishment. Criminal justice focuses on a punishment system over a remedial system.
Term
Procedural Justice (Corrective Justice)
Definition
Based on the concept of law and rules. Involves steps taken to determine guilt as well as punishment.
Term
Retributive Justice (Philosophy of Corrective Justice)
Definition
Based on the concept of balance. Perpetrator must suffer pain or loss proportional to the victim’s (an eye for an eye; a tooth for a tooth) Lex talionis: a vengeance-oriented form of retributive justice concerned with equal retaliation. Difficult to agree upon a fair degree of punishment in situations that involve mitigating factors and partial responsibility. Difficult to measure the suffering or loss in incarceration (most typical modern punishment).
Term
Utilitarian Justice (Philosophy of Corrective Justice)
Definition
Based on the concept of “good for all”. Justice requires punishment be for the greatest good. Bentham’s ‘hedonistic’ calculus. Attempt to determine punishment in order to deter future violations. Punishment is prescribed on the basis of perceived deterrence. Treatment is acceptable because it supports deterrence.
Term
What is the emphasis of restorative justice philosophy?
Definition
Emphasizes the victim over the offender, and compensation over retribution. Returns focus to rights and needs of the victim. Requires restoration of victims, offenders, and communities injured by crime. Integrates victims, offenders, and communities more fully into the justice process. Leaves government responsible for order, but makes community responsible for peace.
Term
Biological Theories
Definition
Recent research suggests individuals may be predisposed to certain types of behavior due to the biology of their brains. Research indicates multiple areas of the brain may be involved in moral cognition.
Term
Learning Theories
Definition
All behavior is learned, therefore ethics is function of learning rather than reasoning.
Term
Frontal Lobe Damage (Biological Theories)
Definition
May result in increased impulsiveness, decreased attention span, difficulty in logical reasoning and following instructions, and antisocial behavior. Injuries to different areas of the brain may affect moral reasoning, emotional reactions, and rational thinking.
Term
Sexual Differences (Biological Theories)
Definition
Inherited Traits. Men’s brains function differently than women’s. Statistically, men are more likely to be antisocial, to have serious childhood conduct disorders, and to commit more serious and harmful offenses.
Term
Socio-biology (Biological Theories)
Definition
Certain traits support the survival of the species. Moral “senses”: sympathy, fairness, self-control, and duty. Individual inherited traits or group selection (evolution) Morality seems to lie in the inferior parietal lobe (rationality) but also in the “emotional” center of the brain (amygdala).
Term
Bandura suggested ways individuals can justify hurtful behavior. What are they?
Definition
Selective disengagement, such as Moral Justification, Euphemistic Labeling, Advantageous Comparison, Displacement of Responsibility, Diffusion of responsibility, Distortion of the consequences, Dehumanization
Term
Moral Justification
Definition
Appeal to a higher end (e.g., terrorists who are fighting for a cause)
Term
Euphemistic labeling
Definition
Downplaying the seriousness of actions (e.g. "Collaterall damage").
Term
Advantageous comparison
Definition
Act isn't as bad as some others (e.g., "What was done at Abu Ghraib wasn't as bad as what the insurgents did who cut off the heads of civilian contractors.")
Term
Displacement of responsibility
Definition
Denies culpability (e.g., "I was only following orders.")
Term
Diffusion of responsibility
Definition
Mob Actions, such as a riot.
Term
Distortion of the consequences
Definition
Misidentifying the consequences of one's actions (e.g., CEO who gives the order to pollute merely requests that the problem be "taken care of").
Term
Dehumanization
Definition
Process to strip the victim of any qualities of similarity that may create sympathy (e.g., the use of terms such as gooks, pigs, etc.).
Term
Pre-conventional Morality (Kohlburg)
Definition
Stage 1, Ideas of punishment and ordinance. Individualism and purpose leads to positive reinforcement and self interest. Not internalized morality.
Term
Conventional Morality (Kohlburg)
Definition
Stage 2, the stage of reasoning. Wanting to be a good boy or good girl. Morality in the social system, don't want chaos, makes sacrifices to maintain order. Partially internalized morality.
Term
Post Conventional Morality (Kohlburg)
Definition
Stage 3, Thoughts of whether a law or rule is a good law. Makes choices, has opinions, and values justice. Judges whether a good or corrupt law. Universal Ethics Principle, begin to act on conscience rather than only the law. Internalized morality.
Term
Criticisms of Kohlburg's Moral Development
Definition
Too focused on thought rather than behavior. The truth is people may talk about morals, but they may never act upon them. Too Optimistic. Also, the ideas of moral is culturally biased because there are other ways of looking at morality outside of the western world.
Term
How do individuals learn to act more ethically as they grow and mature?
Definition
Being in situations where seeing things from other points of view, engaging in logical thinking, having responsibility to make moral decisions, being exposed to moral controversy, being exposed to the reasoning of individuals whose thinking is one stage higher, and participating in creating and maintaining a just community who pursue common goals, resolve conflict based on fairness and respect.
Term
Be familiar with ‘ethical organizations’ and the influence of their leaders.
Definition
Strong leadership involves caring and commitment to the organization. Idealistic realism: the ability of good leaders to acknowledge and understand social realities while avoiding the trap of cynicism. Ethical leaders possess vision and moral responsibility and engage in enlightened reasoning.
Term
Herbert Packer’s crime control
Definition
1) Repression of criminal conduct is the most important function, 2) Failure of law enforcement means the breakdown of order, 3) Criminal process is the positive guarantor of social freedom, 4) Efficiency is a top priority, 5) Emphasis is on speed and finality, 6) A converyor belt is the model for the system.
Term
Herbert Packer's Due Process Model
Definition
1) There is a possibility of error, 2) Finality is not a priority, 3) There is insistence on prevention and elimination of mistakes, 4) Efficiency is rejected if it involves, 5) Protection of process is as important as protection of innocents. 6) The coercive power of the state is always subject to abuse.
Term
Community policing can lead to ethical pitfalls for police officers. What are they?
Definition
Gratuities may be an issue for officers who are expected to create and maintain close ties to the community. The officer’s discretion in enforcing the law may be compromised by personal relationships. Increased autonomy and decreased supervision may provide greater opportunity for misconduct. Post 9/11 move toward immigration control and counter-terrorism may diminish community policing.
Term
Authority (Carl Klockars' Principal Elements of Police Control)
Definition
Entitlement to unquestioned obedience that derives from fulfilling a specific role (like teachers and professors?).
Term
Power (Carl Klockars' Principal Elements of Police Control)
Definition
the threat behind the authority.
Term
Persuation (Carl Klockars' Principal Elements of Police Control)
Definition
The use of signs, symbols, words, and arguments to induce compliance.
Term
Force (Carl Klockars' Principal Elements of Police Control)
Definition
The authority to use physical coercion to overcome the will of the individual.
Term
Factors that lead to a police subculture
Definition
Typically form a homogenous social group, Have a uniquely stressful work environment, Participate in a basically closed social system.
Term
William Bratton, former chief of Los Angeles and New York City, was a major policing leader for decades. Be familiar with his innovations.
Definition
Zero Tolerrance Policy. Police took an aggressive stance against street people and minor criminals, especially those in the Times Square area and subway system. New York City enjoyed a dramatic decline in crime. Also used “CompStat” which is form of accountability. Found that accountability is the key to an efficient and ethical police department.
Term
Blue Curtain of Silence
Definition
Another code name for the code of silence of the practice of police officers to remain silent when fellow officers commit unethical actions. Facing the wrongdoing of a fellow officer is a police officer’s most difficult ethical dilemma, present in police work and is also present in other occupations and professions. A form of noble-cause corruption.
Term
Noble Cause Corruption
Definition
Involves officers employing unethical means to catch criminals because “it’s the right thing to do”. Perceived by officers as fulfillment of their profound moral commitment to make the world a safer place to live.
Term
Racial Profiling
Definition
Occurs when an officer uses a “profile” to stop a driver usually to obtain a consent to search a vehicle. Minorities are highly targeted based on the assumption that they are more likely to commit criminal acts. Race may be used as one element in decision to stop, but not the sole element.
Term
Pretext Traffic Stops
Definition
The law allows race to be considered as only one element in deciding to stop an individual.
Term
Arizona "show me your papers" laws
Definition
An officer may be legally obligated to ask for proof of citizenship if there is a reasonable suspision that the individual is here illegally.
Term
Deviant Lying by the Police
Definition
To cover up violations of the law, in court, reports or to the organization.
Term
Legitimate Goals of Deviant Lying
Definition
Necessary evils to carry out duties.
Term
Illegitamate Goals of Deviant Lying
Definition
To Protect themselves or fellow officers
Term
Accepted Lying by the Police
Definition
Public accept the lie to serve the purpose of their jobs. Undercover operations. To media and the public about investigation details, to deny or plant wrong information to throw off a suspect or protect victims or witnesses.
Term
Tolerated Lying by the Police
Definition
Necessary evils to lie in interrogations in order to get a suspect to comply or testify.
Term
What types of problems can informants cause police agencies?
Definition
Getting too close and/or engaging in love affairs with them, overestimating the veracity of the information, being a pawn of them who takes advantage of the system for money, creating crimes by letting them entrap people who would not have committed a crime without coercion, engaging in unethical behavior with them, letting them invade personal lives, and using coercion and intimidation is make them cooperate.
Term
Entrapment
Definition
When police encourage or entice a person to commit an illegal act. Allows police to tempt former offenders who might otherwise not have been tempted. May rely on hearsay and rumor. May stigmatize the individual charged. Allows police to choose their own targets. Degrades the criminal justice system through the use of deceit.
Term
Proactive Investigations
Definition
Police officers initiate investigations rather than simple respond to crimes.
Term
Reactive Investigations
Definition
A crime has already occured and the police sift through clues to determine the perpetrator.
Term
Use of Force
Definition
Any kind of physical restraint when dealing with a citizen. A small part of policing. Lawful force is force that is reasonably necessary for lawful purpose.
Term
Unnecessary Force (Types of force)
Definition
No force needed in encounter, but the police use it anyway.
Term
Excessive Force (Types of force)
Definition
Force was required, but too much was used. One of the most serious and divisive human rights. violations in the U.S., Continuum of force (escalation because of resistance). It depends on discretion of the individual officer. Individuals who question or refuse to recognize police authority become vulnerable to this.
Term
Knapp Commission
Definition
1973 study in New York to investigate corruption. Determined types of officer corruption as Grass eaters—accepting bribes, gratuities, and unsolicited protection money. Meat eaters—shakedowns, “shopped” at burglary scenes, and engaged in more active deviant practices.
Term
Christopher Commission
Definition
1991 study Formed in aftermath of the Rodney King beating. Investigated the Problem of excessive force – few officers with many sustained complaints who were not disciplined. Racism and bias – discriminatory language and treatment of suspects, citizens and fellow officers. Ethnic, racial, gender and sexual orientation discrimination. Encouraged Community policing model – current organizational structure that emphasizes crime control over crime prevention. Recruitment – better background investigations and psychological screening of new officers. Improved cultural awareness training and supervision by field training officers
Term
What are the major types of corruption and misconduct found worldwide.
Definition
Kickbacks, authority, opportunistic theft, shakedowns, protection of illegal activity, internal payoffs, and excessive force.
Term
Individual explanation of Police Deviance and Corruption
Definition
“Rotten-apple” argument (Officer was deviant before hiring) Development of a police personality (officer becomes deviant after hiring) Possible predictors: gender, age, education, race, military experience, academy performance, prior history of wrongdoing. Minor offenses create negative atmosphere. Target: screening/recruiting process; training.
Term
Organizational explanation of Police Deviance and Corruption
Definition
Poor management and supervision “Noble Cause” (improper rewards) Corruption continuum (Trautman) - Administrative indifference toward integrity - Ignoring ethical problems - Hypocrisy and fear - “Survival of the fittest”   Continuum of compromise (Gilmartin & Harris) - Sense of victimization - Cynicism and entitlement - Wrongdoing
Term
Systemic/Societal Explanation of Police Deviance and Corruption
Definition
If the public does not comply with the law, officers may rationalize non-enforcement of the law. If the public engages in illegal activities, officers may feel justified in doing the same. If the public believes crime control is more important than due process, police will act on that message.
Term
What are the various theories and practices for reducing police corruption?
Definition
Rotten apple responses   Increase pay   Eliminate unenforceable laws   Establish civilian review boards   Improve recruitment, screening, training   Improve leadership   Set realistic goals and objectives   Provide ethical leadership   Provide a written code of ethics   Provide a whistle-blowing procedure that ensures fair treatment for all parties   Improve testing and screening
Term
Police Abuse of Power
Definition
Physical abuse (excessive force, physical harassament), Psychological abuse (disrespect, harassment, ridicule, excessive stops, intimidation), Legal abuse (unlawful searches or seizures, manufacturing evidence)
Term
Profit motivated crimes (Police Crimes)
Definition
All offenses, except those that are drug related, with the goal of profit
Term
Off-duty crimes against persons (Police Crimes)
Definition
All assaultive, non-profit related crimes off-duty
Term
Off-duty public-order crimes(Police Crimes)
Definition
most commonly DUI and disorderly conduct
Term
Drugs (Police Crimes)
Definition
all crimes related to possession, sale, conspiracy, and failing departmental drug tests
Term
On-duty abuse (Police Crimes)
Definition
use of excessive force, psychological abuse, or discrimination
Term
Obstruction of justice (Police Crimes)
Definition
conspiracy, perjury, official misconduct, and all other offenses with the goal of interrupting justice.
Term
Administrative / failure to perform (Police Crimes)
Definition
violating one or more departmental rules, policies, and procedures
Term
Conduct-related probationary failures (Police Crimes)
Definition
simple failure to meet expectations.
Term
Police Corruption
Definition
An officer uses his or her position, by act or omission, to obtain improper financial benefit, bribes, extra-job policy abuse, gratuities (may be criminal or not). Personal gain.
Term
Psychological egoism
Definition
holds individuals are naturally selfish and anything else is a rationalization. People are selfless only because they derive psychic pleasure from it.
Term
Enlightened egoism
Definition
puts the individual first and ahead of society.
Term
Ethical egoism
Definition
states that persons should be self-interested and limit government (Ayn Rand and libertarians)
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