ETHICS IN CRIMINAL PROCEDURE AND CRIMINAL JUSTICE CRJ 306 – INTRODUCTION TO CRIMINAL LAW AND PROCEDURE KRISTA L. JONES PROFESSOR COURTNEY SEVERINO July 29, 2013 Ethics in Criminal Procedure and Criminal Justice Actions and inactions all have moral implications; they are either right or wrong depending on the individual and what s/he believes or feels is right or wrong. Each person’s conduct can and does have implications and ramifications. For every action there is an equal and/or opposite reaction not only for the average person but also for professionals; especially in the area of law enforcement, criminal justice, and criminal procedure. Just discussed is known as moral philosophy.
III. Defining Moment My moral compass gives me guidance on many decision making situations. However, chances are high that interests of different groups cannot always be saved at the same time. Under these circumstances, no matter which one I choose, there would always be someone whose rights would be violated. This is my defining moment.
In the second chapter of her book, “The Empathy Diaries” Sherry Turkle argues that people are fleeing or running from normal conversation. She also states that even though we want to be with each other, we also want to be able to disconnect with reality and connect somewhere else. She
Sometimes in life we have difficulty in decisions that makes us question our morals even deeper our character.
Throughout one’s life, many decisions are made that impact one’s future. These challenging decisions can also impact the people within their life. Someone can lose a loved one, breakup with their partner, or have someone walk away from their live with just a few simple words or actions.
Life experience coupled with professional experience has enriched the level of cultural competency that I function at daily. Starting my first career in the legal arena, almost twenty years ago, I carried more bias toward certain groups, often thinking in black and white rather than a rich rainbow of grays. Being empathetic to individuals that committed crimes against society and others was rarely accepted in my naïve viewpoint. After my first year of working with criminal clients, I began to understand that one simple act cannot define or give explanation to the beauty of multiple stories that fill the chapters in an individual’s life. I learned that I could not fully understand what led to the story that was playing out before me without
“ALONE AND UNREPRESENTED” From the moment we arrive in this world our personalities and the way we generate behaviors are shaped by the culture surrounding us. All cultures and societies have ethical and moral systems that affect how people make decisions and lead their lives. The term ethic “derived from the Greek ethos which can mean custom, habitat, character or disposition” (Ethics: a general introduction, BBC News) is used to define “right and wrong” behaviors. We find ourselves trapped in ethical and moral situations every day, where the sense of what is the real “right” thing to do is not always obvious, this leading us to the uncertainty when making decisions and reassessment of the consequences of our actions. So is the case of the
Ethics Awareness Inventory The Individual Ethics Awareness Inventory examines which of four different components is the most critical in an individual's ethical position: character, obligation, results, and equity (CORE). When a person makes a decision or analyzes a scenario, their personal ethical perspective helps determine how they approach the issue. When character is the most important issue, the person's ethical perspective s based upon what it is good to be, rather than what it is good to do (Brody, 2007). People who emphasize character believe that moral excellence is the goal, and that judging morality involves looking beyond actions and examining character (Brody, 2007). When obligation is the most important issue, the person is focused upon the obligation to do what is morally correct (Brody, 2007). People who focus on obligation believe that a set of identifiable ethical principles, involving universality and a respect for human dignity, drive the decision-making process (Brody, 2007). When results are most important, the individual does not examine the motivations of the actors, but the results of the actions (Brody, 2007). Finally, when a person is based in equity, they are looking for stability (Brody, 2007). This stability refers to stability in results, rather than actions, because people with an equitable perspective believe that no set decision will be appropriate in all scenarios (Brody, 2007).
The ability for one to make rational decisions is vital, and this is especially true for decisions that can have enormous consequences. The process for making rational decisions is tedious, it requires one to have the opportunity to deeply process, evaluate, and re-evaluate available options. This suggests that rational decisions must be made in the absence of external parties because external influences are capable of preventing individuals from processing information for themselves. Otherwise, this would likely result in the individual coming to rash conclusions that cater to the external parties. Unfortunately, under most circumstances, it is a challenge to make rational decisions, because as social animals, we constantly expose
My ethics have been formed over a lifetime of experiences. Because of these experiences and my personal beliefs, I use my rationality to decide what my duties are. I believe that each individual is independently responsible for their own morals. This corresponds with my personal preferred lens which is rights and responsibility. When faced with adversity, I use my practical nature to determine the best course of action. I want to ensure I have examined all angles and outcomes prior to making a
Standing by moral principles is tough when faced with adversity, but even more so when a conflict causes those moral principles to clash. Situations have many factors to consider when making a moral decision and prioritizing which moral principle is most important to abide by in the given situation. Although this can be tough because competing moral principles can be equally relevant to a situation, I have found that one ethical precept has guided me in making difficult decision. When considering a moral conflict, I have abided by the rule of universality by asking myself “if everyone did it, would it be a good thing?”
For instance, the desire for health and wealth are values, but not ethical values. Making consistently ethical decisions is difficult. Most decisions have to be made in the context of economic, professional and social pressures, which can sometimes challenge our ethical goals and conceal or confuse the moral issues. In addition, making ethical choices is complex because in many situations there are a multitude of competing interests and values. Other times, crucial facts are unknown or ambiguous. Since many actions are likely to benefit some people at the expense of others, the decision maker must prioritize competing moral claims and must be proficient at predicting the likely consequences of various choices. An ethical person often chooses to do more than the law requires and less than the law allows.
Gilligan’s moral development of “care ethics” is based on the findings that men tend to establish their relationships in a ranked order and pledge to the morality of rights. Women in comparison are more focused on the interpersonal relationships with people that include caring, sensitivity and being connected (Skoe, 2014). Gilligan’s “care ethics” differs from Kohlberg in that she believes emotions, cognition and action are not separate and to really act upon morality one has to know that they are intertwined. Knowing what moral actions to take therefore involves understanding the other person and caring is expressed through emotions. Kohlberg sees moral reasoning directed by principles of right actions and involves less emotions and more rationality (Blum, 1988). Nevertheless, Gilligan stresses that the male “justice” and female “care” theory of moral development are both equal and valid and by integrating the two forms the full potential of moral development (Skoe,
Personal Ethics In today's world, individuals can make a single decision that can have a profoundly positive or negative effect on their family, their employer, coworkers, a nation, and even on the entire world. The life we lead reflects the strength of a single trait: our personal character. Personal ethics are different for each person but for the most part, people want to be known as a good person, someone who can be trusted, and he or she are concerned about his or her relationships and personal reputations. As we go through this paper, we will focus on answering what are ethics, what are your ethics, where do your ethics come from, and how do you manifest your ethics?
What? From the reading, I understand that people think and act differently when faced with ethical issues. For one to make a rational decision, an extensive process of judgment is required (Bandura, Caprara, & Zsolnai, 2000). For an individual to be responsible, he or she should put into consideration the magnitude of the consequences of the actions, social