Moral Issues In Criminal Justice

It has been brought up that certain race and ethic affects a person’s sentencing. Many studies have addressed the question are African Americans treated more severely than similarly situated whites? (Mitchell, 2005). Observers had indeed noted that black defendants get more severe sentencing than white defendants do (Spohn, 1981). For many years’ social scientist has examined this theory and came up with three explanations, racial discrimination, Wealth discrimination, and legal factors (Sellin, 1928). These three explanations all direct back to blacks because blacks are more likely to be poor, so they are wealth discriminated. Also, legal factors point to blacks because black defendants are more likely to have a serious charge or criminal record than whites do. Some researchers examine whether race has an impact on juveniles being convicted in the adult system (Howell, 2012) as well.

In order to understand the nature of the statistical disparity, the first aspect that must be examined is necessarily the statistics themselves. Recent data (1998) shows that more than two out of every three arrested persons are white (67.6%) and that African Americans account for only 30% of all arrests. More striking is the data adjusted per capita: African Americans are two and a half times as likely to be arrested as whites, and are even more over-represented in violent crimes, for which they are over three times as likely to be arrested. African Americans are five times as likely to be arrested in cases of robbery or murder (Walker et al., 39).

The existence of racial disparity and structural inequality within the criminal justice system renders the concept of true justice for all unobtainable. The statistics of convictions and prison sentences by race definitely support the concept that discrimination is a problem in the justice system as well as the insignificantly number of minority judges and lawyers. There are a multitude of circumstances that influence these statistics according to the “Central Eight” criminogenic risk factors. The need for programs and methods to effectively deter those at risk individuals has never been greater and the lack of such programs is costing society in countless ways.

In the book Just Mercy: A story of Justice and Redemption by Bryan Stevenson, there are several topics discussed regarding the American Justice system. One of those many topics discussed is regarding how a person’s race, social status and income, may influence the outcome of a court trail. In present day America, many years after the era of Jim crow and segregation the Justice system still seems to be more lenient towards white Americans, especially those with high income and a good standing in society. The American justice system has become unjust in the trials deemed to be fair, due to an evident prejudice against minorities, their social status and whether or not they receive a well off or poor income.

Few in this country would argue with the fact that the United States criminal justice system possesses discrepancies which adversely affect Blacks in this country. Numerous studies and articles have been composed on the many facets in which discrimination, or at least disparity, is obvious. Even whites are forced to admit that statistics indicate that the Black community is disproportionately affected by the American legal system. Controversy arises when the issue of possible causes of, and also solutions to, these variations are discussed. It’s not just black versus white, it is white versus white, and white versus oriental, whatever the case may be, and it is not justice. If we see patterns then the judges should have the authority to say something. Jury nullifications cannot be overturned regardless of the cause. Exclusionary rule, according to CULS (2010) – Prevents the government from using most evidence gathered in violation of U.S. Constitution; like unreasonable search and seizure (Fourth Amendment).

“Ethical issues regarding corruption and off-duty behavior have become an increasing challenge in criminal justice” (Writing, 1999-2013). Within the criminal justice system, ethics can be complicated by the moral implications of actions. Differences in cultures and different circumstances can affect the individual moral compass. However, all departments of criminal justice operate by a certain code of ethics and by certain standards. But those standards and ethics often become challenged due to issues relating to police brutality, off duty conduct and corruption that we hear about all of the time through the media.

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

To look closely at many of the mechanisms in American society is to observe the contradiction between constitutional equality and equality in practice. Several of these contradictions exist in the realm of racial equality. For example, Black s often get dealt an unfair hand in the criminal justice system. In The Real War on Crime, Steven Donziger explains,

Being sent to Death Row is the highest prosecution a criminal could be sentenced to and the process when determining of someone deserves a death sentence is a very bias decision. Since 1977 when capital punishment was restored there has been about 20,600 homicides and only about .7 death sentences for every 100 homicides has been given in the Cook county. The decision to impose a death sentence is not only based on the crime done but also the race of the victim. Attorneys at a state level has a less formal guide when giving death sentences. It is commonly seen how race plays a major role in the justice system. As apart of attorney protocol of determining if the death sentence is given it is seen black males will be given a higher sentence versus a white male even if the crimes where similar. In this article “Disparities on Death Row” published in Grumman points out the unjustness in the justice system. Through ethos, pathos, and logos Cornelia Grumman effectively persuades her audience to spread the issues of capital punishment assignment.

Ethics, or moral conduct, are of major importance in the Criminal Justice field today. If the police force condoned unethical behavior, there would be very little, if any, justice being served. Official police misconduct is any “objectionable actions taken by police officers in connection with their official duties, which can lead to a miscarriage of justice”. (wikipedia.com). However, “police misconduct may include a broader range of misconduct, reflecting the high standards that we expect of police officers. Unlike official misconduct, police misconduct can apply to off-duty behavior as well as conduct on the job”. (clc.qld.gov.au).

Moral issues within law enforcement, the courts and the corrections system have made it complex and difficult to navigate fairly throughout the criminal justice system. Enforcement strategies, court practices and the incarceration rates have created discrimination towards minority groups. Carelessness and unintentional actions are moral issues. The criminal justice system has failed to account for operational procedure which creates the perception of discrimination.

Ethics determine what is considered decent and acceptable behavior in society and it is a key aspect of life, whether it is at work, home, or in society. As bizarre as it seems, some things may not be illegal, but can be extremely unethical. Yet in the same sense what is unethical varies by the person. The purpose of this paper is to expound the differences between the three main ethical theories in criminal justice. While elaborating on how an agency can be improved when applying the correct theory to the problem.

In the courtroom, these stressors come out in full force. Although the Courts have “concluded that statistics alone do not prove that race enter[s] into any capital sentencing decision in any one particular case…” it is obvious that ethnicity becomes a factor (Ross 153). Countering the court’s argument, statistics have shown that in America, “blacks who killed whites were five and six times… more likely to be sentenced to death than whites who killed whites” (151). The reason for this is mainly due to jurors unintentionally letting race influence their decision making process. The in-group bias and ethnic boundaries described above cloud the jury’s judgment, seeking a stronger penalty for minority groups. Also, if the victim who was killed was someone with good