University of West Georgia Social Science Ethical Dilemma Question

  

Ethical Dilemma Assignment #1 This semester we will be applying the principles we learn to real world examples. We will have 6 of these short essays, one for each learning module. Each short essay will be worth 15 points. For each ethical dilemma short essay, you will do an internet search and find an example of the specific topic. Instructions: Do an internet search on a case that involved police ethics. In your short essay include the following: 1. Identify the category this case falls under and why? (categories are listed on page 15 of our textbook. 2. Identify all of the facts of this case. 3. Identify the relevant professional values (in this case policing) this case involves. 4. Identify all possible moral dilemmas this case involves. Discuss whether or not this case violates moral and professional principles. Discuss whether or not you think the actions in this case were morally justified. 5. Discuss how this specific case was resolved. 6. Discuss whether or not you agree with the resolution of this case and why. 7. Discuss how we can keep the behavior in your chosen case from happening again. Grading: This short essay is worth 15 points. You will be grades on the following: 1. Basic APA formatting which includes a title page, double spacing, reference page and in text citation of sources. 2. Include at least 2 sources (include link to the case you choose – second source can be textbook. 3. Minimum 4 pages in length. 4. Address all 7 of the criteria listed above. Late paper: All late papers will be subject to a 10% point reduction per day late. Chapter 1: The Importance of Ethics in Criminal Justice The Meaning of Ethics • • • Also known as moral philosophy Branch of philosophy concerned with study of questions of right and wrong and how we ought to live. Three branches within study: • • • Metaethics Normative ethics Applied ethics. Banks, Criminal Justice Ethics. © 2017, SAGE Publications. The Value of Ethics • • Do we need to study ethics? Among reasons commonly given for studying ethics are the following: • • Ethical considerations are central to decisions involving discretion, force, and due process that require people to make enlightened moral judgments Only through studying ethics is it possible to define unethical behavior Banks, Criminal Justice Ethics. © 2017, SAGE Publications. The Value of Ethics • The study increases sensitivity to issues of right and wrong and the right way to conduct oneself • • Important to have capacity to point to moral reasoning in justifying behavior • • • Aids in identifying acts that have a moral content Study of ethics develops that capacity Crucial that ethical decisions are made, and study of ethics enables development of tools that enhance ethical decision making Understanding ethics enables appreciation of complexities of acts that involve ethical issues and dilemmas Banks, Criminal Justice Ethics. © 2017, SAGE Publications. The Value of Ethics • • Without knowledge of ethics, criminal justice professionals may be naïve about moral issues occurring within the system Within criminal justice system, ethics is germane to most management and policy decisions relating to punishment • Is the rationale used in making these decisions • Whether to rehabilitate, deter, or impose just deserts Banks, Criminal Justice Ethics. © 2017, SAGE Publications. Normative Ethics • • Normative ethics is fundamental to ethical decision making in the criminal justice system Central notion in normative ethics is that one should act morally • • • Using reason to decide proper way of conducting oneself Ethics gives us way of making choices in situations where we are unsure about how to act What are these standards of conduct and how do we decide what is right and wrong? Banks, Criminal Justice Ethics. © 2017, SAGE Publications. Normative Ethics • Ethical relativism • • • Argued that because standards of conduct and way of doing things differ from society to society, there can never be one single standard for all people everyone We must make ethical decisions based on each situation Ethical Absolutism • • Argue that one set of ethical standards applies across all societies People have an obligation to do what is “known to be right” Banks, Criminal Justice Ethics. © 2017, SAGE Publications. Ethical Relativism • Proponents argue: • • • • What is morally right or wrong may vary in a fundamental way from person to person or from culture to culture Does not mean we cannot criticize people of other cultures on moral grounds Does mean when we say that a person in another culture did wrong or acted immorally, we must judge that person by the standards of that culture, not by our own (Cook, 1999). Holmes (1998) discusses three forms of ethical relativism: • • • Ethical relativism Cultural relativism Extreme or individual relativism. Banks, Criminal Justice Ethics. © 2017, SAGE Publications. Cultural Relativism • • Proponents contend every society has different moral code explaining what acts are permitted or not permitted Moral code that we, in the United States, subscribe to is not special • • One moral code among many At first, notion of cultural relativism seems to reflect way many of us see the world Banks, Criminal Justice Ethics. © 2017, SAGE Publications. Objections to Cultural Relativism • • Problem identifying what constitutes a culture or society Can become transformed into matter of individual ethics • • • Not able to explain which ethical standards should apply when cultures overlap In all societies, standards of conduct change over time • • Each person can claim that his or her moral standards are those that should apply to society and others Cultural relativist faced with problem of acknowledging changes while arguing morality is relative to a culture However, which values in which historical period should apply? Banks, Criminal Justice Ethics. © 2017, SAGE Publications. Ethical Absolutism • Argues there exists an eternal and unchanging moral law • • • • Same for all people, at all times, and places (Holmes, 1998). Proponents believe certain moral principles apply to all people everywhere People can recognize or discover these principles and be guided by them in deciding nature of their own conduct and in judging conduct of others One way of resolving disagreement about relative and absolute ethical standards is notion of ethical pluralism. Banks, Criminal Justice Ethics. © 2017, SAGE Publications. Ethical Pluralism • • Ethical pluralism argues that in most situations there are many truths rather than one single truth Lawrence Hinman (1998) • Contends ethical pluralism allows us to adopt four principles to resolve conflicts between differing ethical standards. These principles are: • • • • • The principle of understanding The principle of tolerance The principle of standing up against evil The principle of fallibility Pluralism challenges absolute values, but does not rule out their possibility Banks, Criminal Justice Ethics. © 2017, SAGE Publications. Religion and Ethical Standards • Many believe ethical standards and religion are connected • • • Ethical standards derived from religious principles and tenets People assume religious representatives who interpret religion are also able to define ethical standards of conduct The Divine Command theory expresses this view • Argues what is morally right is what God directs, and conversely, what is morally wrong is what God prohibits. Banks, Criminal Justice Ethics. © 2017, SAGE Publications. Ethics and Natural Law • • • In examining ethics, some ask whether natural law is the origin Idea is that underneath diversity of human cultures and beliefs about what is right and wrong, we can identify some factors common to our human nature Notion of natural law was favorite of ancient thinkers like Plato and Aristotle • • Sought to identify universal traits of human nature, with aim of finding common goals or ends that would bring human fulfillment or happiness (Kane, 1996). In effect, natural law represents search for moral absolutes that define what is “normal” and “natural” Banks, Criminal Justice Ethics. © 2017, SAGE Publications. Ethics and Law • • Important to understand that ethics and law are distinct categories Law • • Ethical standards • • • Generally mean legislation, statutes, and regulations made by states and by the federal government on a host of subjects for public good and welfare Not necessarily written down in form of laws or other rules Represent collective experience of society as it regulates behavior of those who make up that society Sometimes laws can conflict with ethical standards. Banks, Criminal Justice Ethics. © 2017, SAGE Publications. Ethical Dilemmas • • • Ethical questions and issues arise for all people Numerous ethical approaches can be taken in making decision about ethical issue No one approach is “correct” one • • Different approaches equally valid in ethical terms Ethical dilemma • Arises only when decision must be made that involves conflict at personal, interpersonal, institutional, or societal level, or raises issues of right or moral character Banks, Criminal Justice Ethics. © 2017, SAGE Publications. Ethical Dilemmas • • What process is followed in resolving an ethical dilemma? Intuitive level of moral thinking • • Critical thinking is another process of thinking about moral decisions • • • • • Provides relatively simple principles derived from upbringing and past experience of decision making In contrast to intuitive thinking Applies principles established by philosophy and moral concepts Likely to find that intuitions do not adequately equip us to make moral decisions and critical thinking is required Most ethical choice is not always clear To act ethically is not simply matter of deciding what is right and wrong in advance and stubbornly sticking to that position Banks, Criminal Justice Ethics. © 2017, SAGE Publications. Ethical Issues in Criminal Justice • Some specific ethical problems and issues that might arise for professionals in the criminal justice system: • • • • • • Problems in the use of authority: the use of authority to promote personal values Problems in the relationship between personal and professional interests: using institutional time and materials for personal gain unrelated to legitimate work activity Problems in personal and professional commitments to clients: behaving unethically in personal relationships with clients Issues in criminal justice and public policy: the “War on Drugs” Issues resulting from policing policies: racial profiling. Issues in the media reporting of crime: crime as entertainment Banks, Criminal Justice Ethics. © 2017, SAGE Publications. Chapter Summary • • Ethics has been shown to be central component in decisions involving ethical dilemmas Concerned with standards of conduct and “how I ought to act” • • • • Standards of conduct may vary among different societies Approaches to setting standards range from cultural relativism to moral absolutism Religion, natural law, and other forms of law have influence in shaping ethical standards Understanding of ethics is essential to competent decision making by criminal justice professionals and to proper working of criminal justice system Banks, Criminal Justice Ethics. © 2017, SAGE Publications. Chapter 2: Police Ethics: The Nature of Policing and Police Corruption Ethics and Policing ❑Three things shape role of ethics in policing ❑Styles of policing ❑The police as an institution ❑Police culture ❑Little concern for officers to adhere to legal norms when first instituted in United States ❑Seen as part of larger political system ❑Functions narrowed to crime control in 1930s Banks, Criminal Justice Ethics. © 2017, SAGE Publications. The Nature of Policing ❑Crime fighter ❑Emergency operator ❑Social enforcer ❑Social peacekeeper Banks, Criminal Justice Ethics. © 2017, SAGE Publications. The Nature of Policing ❑Jerome Skolnick (1975) ❑Noted inherent tension between roles ❑Muir (1977) and Goldstein (1977) ❑Saw need for training ❑Delattre (1989) and Sherman (1985) ❑Concerned about issues of corruption arising in 1980s Banks, Criminal Justice Ethics. © 2017, SAGE Publications. The Nature of Policing ❑Manning (2007) ❑Identified four primary segments found in policing: ❑Patrol officers ❑Middle managers ❑Higher administrators ❑Detectives and investigators Banks, Criminal Justice Ethics. © 2017, SAGE Publications. Police as an Institution ❑ Institution perceived either as profession or bureaucracy ❑ Kleinig (1996) ❑Policing possesses some aspects of profession, but not others ❑ Important distinction is that professions emphasize ethical standards and service ideals ❑ Policing organizationally resembles bureaucracies Banks, Criminal Justice Ethics. © 2017, SAGE Publications. Police Culture ❑Institutional or organizational culture ❑Referred to as police culture ❑Largely determines way institutional activities are performed ❑Police culture along with formal rules of policing dictate how policing is carried out ❑Aspects of police culture are viewed differently by different commentators Banks, Criminal Justice Ethics. © 2017, SAGE Publications. Aspects of Police Culture ❑Police should never hesitate to use deadly force against those suspects who deserve it ❑Loyalty and deception are integral parts of policing ❑Protection of colleagues, even if they have been involved in misconduct, is overriding principle within institutional culture Banks, Criminal Justice Ethics. © 2017, SAGE Publications. Police Culture ❑ Three dominant characteristics of police culture (Scheingold, 1984): ❑Cynicism ❑Force ❑Police are victims ❑Loftus (2010) ❑Absent significant social change, police culture unlikely to be impacted by radical change Banks, Criminal Justice Ethics. © 2017, SAGE Publications. Police Culture ❑Caldero and Crank (2011) ❑Argue police values in past 25 years have remained pretty much the same ❑Officers hired with set of values already ❑Newly recruited officers already committed to the noble cause ❑Study of ethics important in light of police functions ❑Wide powers of discretion Banks, Criminal Justice Ethics. © 2017, SAGE Publications. Police Discretion ❑ In performing their duties, officers utilize great deal of discretion ❑ Amount of discretion provided to officers is concerning for some commentators ❑ Caldero and Crank (2011) ❑ Argue it is possible to predict probable police action in situations calling for exercise of discretion ❑ Some argue officer discretion should be limited ❑ Reiman (1996) ❑ “police discretion has no rightful place in a free society” (p. 80) ❑ Manning (1997) ❑ Police guidelines create uncertain circumstances, impact is unclear Banks, Criminal Justice Ethics. © 2017, SAGE Publications. Police Discretion ❑ Some officers deliberately abuse amount of discretion and become involved in misconduct ❑ Difficult to limit officers’ discretionary power because of varying situations officers encounter on regular basis ❑ Some argue for high level of accountability to match permission of wide discretion ❑ Manning (1997) ❑ Discretion creates uncertainty ❑ Can create randomness in patrol practice ❑ Kleinig (1996) ❑ Outlines distinction between decisions about scope and decisions about interpretation in exercising discretion Banks, Criminal Justice Ethics. © 2017, SAGE Publications. Ethics and Codes of Ethics ❑Ethics code not formulated in United States until 1928 ❑Individual department have codes or cannons of ethics ❑International Association of Chiefs of Police (IACP) ❑Finalized Law Enforcement Code of Ethics in 1991 Banks, Criminal Justice Ethics. © 2017, SAGE Publications. Ethics and Codes of Ethics ❑ Statements of values and ethical standards likely to be more briefer and general than codes ❑Increasingly common for codes to be used as internal documents ❑ Academies use codes as teaching devices ❑ Standards directed at each individual officer ❑Must decide own level of compliance ❑May become question of character Banks, Criminal Justice Ethics. © 2017, SAGE Publications. Ethics Instruction ❑Ethics training gained considerable traction in 1990s ❑International Association of Chiefs of Police recommended providing ethics instruction for all ranks throughout officer’s career (WyattNichol & Franks, 2009) ❑Training time ranges from less than a day to almost a week Banks, Criminal Justice Ethics. © 2017, SAGE Publications. Policing and Stress ❑Law enforcement is stressful occupation ❑Exposed to more stress than others ❑Studies began focusing on stress in policing during mid to late twentieth century ❑Manning (2007) ❑Organizational tensions arise from officer perceptions of their organization ❑Researchers have identified important stressors Banks, Criminal Justice Ethics. © 2017, SAGE Publications. Policing and Stress ❑Stress can vary in type and amount based on department size ❑Police face three types of stress: ❑Explosive events ❑Daily tensions ❑Implosive events ❑Officers must constantly adapt to change ❑Can lead to more stress Banks, Criminal Justice Ethics. © 2017, SAGE Publications. Policing and Stress ❑ Officers can rely on mutual assistance and solidarity to cope ❑ Can cope negatively or positively ❑ Departments can assist officers with individual coping strategies by minimizing or avoiding organizational practices that produce more stress ❑ Griffin and Bernard (2003) ❑ Angry aggression theory ❑ Originated to explain violent responses to minor conflicts and insults ❑ People respond aggressively to threats when they experience it more often Banks, Criminal Justice Ethics. © 2017, SAGE Publications. Police “Militarization” ❑Proposition advancing since 1990s of “militarization” of policing ❑Drew little attention until event in Ferguson, Missouri in August, 2014 ❑Raised questions about response by police and possible consequences militarization could bring Banks, Criminal Justice Ethics. © 2017, SAGE Publications. Police “Militarization” ❑U.S. has long sought to isolate military from involvement in civilian affairs ❑Reconstruction Act went away from that ❑Reaffirmation of original ideas by Posse Comitatus Act (PCA) of 1878 ❑WWI saw suspension of PCA ❑Weakened in 1981 ❑Military allowed to participate in war on drugs Banks, Criminal Justice Ethics. © 2017, SAGE Publications. Police “Militarization” ❑ Kraska (2007) ❑Argued that military and policing lines are blurring ❑Changes have been occurring since 1960s with introduction of SWAT concept to policing ❑Militarism ❑Ideology focused on best means to solve problems ❑Militarization ❑Implementation of idea of militarism ❑Proposes set of indicators from which degree can be measured Banks, Criminal Justice Ethics. © 2017, SAGE Publications. Police “Militarization” ❑As of late 1990s, about 89% of departments had established paramilitary units ❑Increase not attributed to growth in dangerous incidents ❑Represents dramatic change in police tactics ❑Study by ACLU described SWAT events as “undoubtedly violent events” ❑Concluded tactics “unnecessarily entailed use of violent tactics…encourag[ing] the development of “warrior” mentality (ACLU, 2014, p. 2). Banks, Criminal Justice Ethics. © 2017, SAGE Publications. Police “ …