Ethical Models of Decision Making in Criminal Justice
Antonia Saavedra
Grand Canyon University
5/23/18
Utilitarianism and deontology are two ethic theories that can be used to explain why some do what they do. Police officers have a duty to serve and protect and lawyers are to make sure they serve their clients. These are ethical theories that are closely related in meaning. The way we think morally and ethically have much to do with what we see as right and wrong. Utilitarian ethics is a system that its main concerned is with the consequences when making ethical decisions. These theories are basically the same thing, both with the notion that the consequence of the act is the most important cause of the act being moral or
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The idea of duty is important to police officers that are sworn to perform these duties. A duty is something we are required to do whether we want to or not. These duties may have personal or professional negative consequences with them but they are a requirement and must be done (Garthoff, 2015). An example of this is a police officer called to a domestic call and he must arrest the spouse that has shown to be violent in this call. The officer may not feel that this is the correct thing to do but it is the law and must be …show more content…
Deontology is what some will see as a duty. With utilitarianism a person will do the right thing if the consequences of their actions are good. But with this reasoning if the actions are not good but the consequences happen to be good the act may be believed that this is a good ethical act. Police officer have a duty to do and lawyers ethically act good to make their client just as happy.
References
Beddor, B. (2017). Justification as faultlessness. Philosophical Studies, 174(4), 901-926. doi:10.1007/s11098-016-0713-4
Garthoff, J. (2015). The Salience of Moral Character. Southern Journal Of Philosophy, 53(2), 178-195. doi:10.1111/sjp.12103
Lewis, C. c. (2013). Understanding Peace within Contemporary Moral Theory. Philosophia, 41(4), 1049-1068.
Mohammad Taghi, Q. (2014). The relationship between ethics and human rights in the thought of Richard Rorty. Ḥuqūq-I Bashar, Vol 9, Iss 1, Pp 71-90 (2014), (1),
When observing the different ethical theories one may believe that although their differences are unique there are similarities in them. One may state that a similarity between utilitarian and deontology is that they both require one to consider their duty something that should be done and considering the character of an individual is if it will be done. If an individual has morals and character he or she may consider it their duty to do what is morally correct.
Utilitarianism, in the contrary, is based on the principle of utility or usefulness. Utility is what encourages an agent to act in a particular way (Tuckett, 1998). Utility can be explained as maximizing the good like pleasure and happiness and minimizing the bad like pain and evil, all leading to the greater good for all parties involved. It weights the consequences of the actions equally between the ones involved, and the ethical solution would be to follow the greater good for most if not all the parties involved.
“Deontology is a moral theory that emphasizes one’s duty to do a particular action just because the action, itself, is inherently right and not through any other sorts of calculations – such as the consequences of the action” (Boylan, 2009, p. 171). In many aspects deontology is contrasted with utilitarianism. Deontology is based upon principle and does not calculate the consequences (Boylan, 2009, p. 171). Deontology attracts those seeking a stronger moral attraction because it refers to commanding rather than commending and commanding is a stronger structure (Boylan, 2009, p. 172). The
Deontology is an ethical theory concerned with duties and rights. The founder of deontological ethics was a German philosopher named Immanuel Kant. Kant’s deontological perspective implies people are sensitive to moral duties that require or prohibit certain behaviors, irrespective of the consequences (Tanner, Medin, & Iliev, 2008). The main focus of deontology is duty: deontology is derived from the Greek word deon, meaning duty. A duty is morally mandated action, for instance, the duty never to lie and always to keep your word. Based on Kant, even when individuals do not want to act on duty they are ethically obligated to do so (Rich, 2008).
• Integrity: each police officer is presumed to do the right thing, at all times, regardless of the matter at hand, those involved and any other influences. Officers are held to a higher lever of integrity and expected to perform above all else, at all times (Baker, 2011).
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.
In order to answer this scenario, I need to look at the underlying ethical system and the moral rules leading to my judgment. As in many scenarios, there are conflicting moral rules that could justify different judgments. While police officers are supposed to enforce laws, they are also primarily expected to protect life and property (Nakate, 2011). Public safety is the primary concern of police officers. Therefore, unless a law involves mandatory reporting, then an officer is expected to exercise some discretion involving those laws. The theory behind requiring permits in order to hold a rally is that some rallies can lead to dangers for the public. Therefore, in this scenario, I would have to determine whether there was a reasonable likelihood that the rally might become violent. It is important to realize that even if the sponsoring group would not advocate violence, any rally about a controversial issue has the ability to become violent. Whether or not the tipster is providing accurate information is not of critical importance, because planning to hold a rally without a permit is not illegal; holding a rally without a permit is not illegal. As a police officer, I could ethically respond to the tip by going to the head of the group and ask if they were planning to hold a rally the next day and remind him of the permit requirement. I could do this without neglecting my
The relationship among ethics and professional behavior in the direction of criminal justice is one, which is very vital. The point of the matter is that these individuals who are in places of power entails that he or she must equalize a balanced of business professionalism in accordance with the laws alongside a code of ethics that live inside and for the law along with their individual private morals and ethics. Numerous could dispute the battle among the ethics of a lawyer on behalf of somebody that they know to be guilty and they would have a usable disagreement in regard to what way ethical it is. A lawyer has the decision to not defend an individual if they feel so motivated to do so. Still, in this state one has rules in one’s laws that
No matter what job you have in the criminal justice system there will always be ethical dilemmas that arise. As a person who’s job is to enforce the law there is always a way to step over the boundaries whether it be unfair treatment to citizens, inmates or agencies. There is always areas of the career to consider and in order to make everyone happy there are steps that need to be taken. From the police officer on the street to the parole board there is always something that could come up which could have consequences for either decision so which is the right one?
Ethical studies in criminal justice is important because it provides the professionals with a platform for making noble choices when faced with unsure situations of moral concern. In this case, they require a system of rules as a guide in making complex moral decisions. Consequently, criminal justice professionals will develop analytical skills and reasoning potential in discerning the practical and theoretical aspects of their profession’s system. Additionally, an ethical insight eliminates inexperience in moral issues, hence enabling them to easily identify ethical consequences and moral code of conduct. Therefore, the awareness of criminal justice professionals on matters pertaining to
This has to be one of my favorite assignments since becoming a student at Kaplan. I have been interested in the Criminal Justice since I was a small child. I come from a long line of military, however, my passion has always been Criminal Law. I remember even as a young girl in the 2nd grand, I had dreams and aspirations of becoming a lawyer. Now that I have an ex husband, and two children of my own and find the justice system a little “Leewayish” (if that’s even a word) on dead beat fathers, my dream has now become to be a “Ball busting District Attorney for deadbeat moms and dads. I am sick and tired of
Every time an innocent person is exonerated based on DNA testing, law enforcement agencies look at what caused the wrongful convictions. There are many issues that contribute to putting guiltless lives behind bars including: eyewitness misidentification, false confessions, imperfect forensic science, and more (Gould and Leo 18). When a witness is taken into a police station to identify a suspect, it is easy for their memories to be blurred and their judgment influenced. This can lead the witness to identify a suspect who is actually innocent. Flawed forensic science practice also contributes to wrongful imprisonments. In the past, analysts have been inaccurate due to carelessness, testified in court presenting evidence that was not based
In contrast, utilitarianism is an ethics systems based on pleasure and well-being for all parties involved. This systems recommends making the decision that will bring the greatest amount of well-being to the greatest number of people
The ethical theories of deontology and the branches of utilitarianism; act and rule, display similarities and differences within the meanings of both. Act utilitarianism theory is the focus on the outcome of an act. Rule utilitarianism is the method of an individual’s actions. The theories of deontology and utilitarianism both present moral rules and values. Deontology focuses on the motives of an action, whereas utilitarianism centers more on the end result. The Act utilitarianism theory is more effective by judging the morality of an action based on the consequences of its outcome.
5. Rationale: Law enforcement effectiveness requires public trust and confidence. Diverse communities must have faith in the fairness and impartiality of their police. Peace officers must refrain from fostering disharmony in their communities based upon diversity and perform their duties without regard to race, color, creed, religion, national origin, gender, marital status, or status with regard to public assistance, disability, sexual orientation or age.