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Criminal justice ethics : theory and practice  Cover Image Book Book

Criminal justice ethics : theory and practice / Cyndi Banks, Capilano University.

Banks, Cyndi, (author.).


Criminal Justice Ethics examines the criminal justice system through an ethical lens by identifying ethical issues in practice and theory, exploring ethical dilemmas, and offering suggestions for resolving ethical issues and dilemmas faced by criminal justice professionals.

Record details

  • ISBN: 9781544353593
  • ISBN: 1544353596
  • Physical Description: xix, 428 pages : illustrations ; 26 cm
  • Edition: Fifth edition.
  • Publisher: Thousand Oaks, California : SAGE Publications, Inc., [2020]

Content descriptions

Bibliography, etc. Note:
Includes bibliographical references and index.
Formatted Contents Note:
Part 1. The interaction between ethics and the criminal justice system. Chapter 1. The importance of ethics in criminal justice -- Chapter 2. Police ethics: the nature of policing and police corruption -- Chapter 3. Police ethics: Use of force, investigations, interrogations, and lying -- Chapter 4. Racial discrimination in the criminal justice system -- Chapter 5. Judges, lawyers, and ethics -- Chapter 6. The purpose of criminal punishment -- Chapter 7. Ethics in corrections: The nature of corrections -- Chapter 8. Ethics in corrections: guarding ethically -- Chapter 9. The ethics of criminal justice policy making -- Chapter 10. Ethics and the "war on terrorism" -- Chapter 11. Media ethics and criminal justice.
Part 2: The application of ethical theories to the criminal justice system. Chapter12. Duty and principle -- Chapter 13. Considering the consequences -- Chapter 14. The importance of character -- Chapter 15. Egoism, pleasure, and indifference -- Chapter 16. A sense of justice -- Chapter 17. Caring for others.
Chapter 1. The importance of ethics in criminal justice. The meaning of ethics -- The value of ethics (Case study 1.1: Police brutality in New Orleans ; Case study 1.2: Police brutality during Katrina) -- Normative ethics -- Ethical relativism (Case study 1.3: Death row inmate set free) -- Cultural relativism -- Ethical absolution -- Ethical pluralism -- Religion and ethical standards (Conduct is right because God commands it God commands right conduct because it is right) -- Ethics and natural law -- Ethics and law -- Ethical dilemmas -- Ethical issues in criminal justice (Ethical problems in the use of authority ; Ethical problems in the relationship between personal and professional interests ; Ethical problems in personal and professional commitments to clients ; Ethical issues in criminal justice and public policy ; Ethical issues resulting from policing policies ; Ethical problems in dealing with human rights issues in the criminal justice system ; Ethical problem in information sharing ; Ethical issues in the media reporting of crime.
Chapter 2. Police ethics: the nature of policing and police corruption. Ethics and policing -- The nature of policing -- Police as an institution -- Police culture (Changing police culture ; A closer look: Foster City police department basic values) -- Police discretion (Limiting police discretion ; Discretion and accountability) -- Ethics and codes of ethics (What is the relationship between ethics and codes of ethics? ; Police compliance with ethical codes ; Ethics instruction ; A closer look: Law enforcement code of ethics, International Association of chiefs of police) -- Policing and stress (The nature of police occupational stress ; Stress and crime fighting ; Coping with stress ; Angry aggression) -- Police "Militarization" (Historical and contemporary context, police and military ; The militarization thesis ; Number and deployment of SWAT units ; Causes of militarization ; The consequences of militarization ; Critiques of the militarization thesis ; A closer look: Military equipment transfers to law enforcement: The federal 1033 program and homeland security grants) -- Police corruption (The nature of police corruption ; Accepting gratuities ; Explanations for police corruption ; A closer look: No more free meals ; A closer look: Detectives receive sex services in antiprostitution campaign ; Personalistic explanation ; A closer look: Police corruption in Australia ; A closer look: The rotten apple ; Institutional explanations ; Systemic explanation ; "Slippery slope" explanation ; Noble cause corruption --Societal stress as an explanation for corruption ; A closer look: officer admits planting drugs ; A closer look: Officer involved in robbery ring ; A closer look: Corrupt arrangements within the Southeast Regional Crime Squad, South London, England ; Combating corruption ; Police corruption in the United Kingdom ; Reducing corruption ; Ensuring police accountability ; "New police accountability" ; Police auditors ; External citizen review of police ; Accountability in other countries ; Whistle-blowing ; When is whistle-blowing morally justified? ; Case study 2.1: Punished for while-blowing?) -- Discrimination as a corrupt practice in policing: racial bias, racial profiling, and selective law enforcement (Racism and racial bias ; Racial profiling ; The morality of racial profiling ; Case study 2.2: "Looking Mexican" ; Case study 2.3: Racial profiling: When color signals dangerous ; Driving while black ; Stop and frisk ; Confidence in the police ; Selective law enforcement).
Chapter 3. Police ethics: Use of force, investigations, interrogations, and lying. Police use of force (Police use of force: Arrest-related deaths ; Deaths in police custody ; Political action on police use of force, 2015 ; The rise of the citizen journalist and police use of force ; A closer look: Some fatal police shootings, 2014-2015 ; The continuum of force ; When to use force ; Police perspectives on use of force ; A closer look: Use of force ; Case study 3.1: Cop gets 15 years in torture case ; Police and citizen interactions ; Police-citizen interactions and procedural justice ; U.S. supreme court decisions on use of force ; Race and use of force ; Policing and implicit racial bias ; Explaining excessive force ; A closer look: U.S. department of justice: Investigation of the Ferguson police department ; Assessing the level of force ; Reducing the level of force ; Case study 3.2: Five police officers sentenced for shooting unarmed family ; Excessive force: other countries ; Police use of force: tasers ; A closer look: Excessive force in the Cleveland police department ; Excessive use of force: dirty Harry/Dirty hands and Jack Bauer in 24 ; Case study 3.3: Video shows police officer using baton to hit man) -- Policing, mental illness, and crisis intervention teams (CITs) (Police perceptions of mentally ill persons ; Crisis intervention teams) -- Ethical issues in investigation, interrogation, and custody (Rights of suspects and victims ; Privacy ; Entrapment ; Deception ; A closer look: A successful entrapment defense ; A closer look: An unsuccessful entrapment defense ; Informants ; Confessions ; Testimonial deception ; Police lying ; Electronic recording of interrogations).
Chapter 4. Racial discrimination in the criminal justice system. Ethical background -- Historical context -- In there racial discrimination in the criminal justice system? (Criminal justice system: discrimination and decision-making points ; Discrimination in the juvenile justice system ; Police encounter with citizens and police arrest ; Posecutorial discretion ; Bail ; Jury selection ; Case study 4.1: In Dallas, dismissal of black jurors leads to appeal by death row inmate ; Convection and sentencing) -- Imprisonment disparities (Incarceration rates ; Explaining racial disproportionality in incarceration ; Death penalty disparities) -- Hate crimes (Case study 4.2: First prosecution of a hate crime where the victim was a transgender woman) -- Explanations for racial discrimination in the criminal justice system (How do we explain the existence of racial discrimination in the criminal justice system?).
Chapter 5. Judges, lawyers, and ethics. Legal ethics: historical context -- The nature of professional ethics (The principle of partisanship ; The principle of neutrality ; The lawyer-client relationship ; Confidentiality ; Client perjury ; Client crime ; Case study 5.1: Buried bodies case) -- Defense lawyers (Case study 5.2: Defense lawyer guilty of obstruction justice) -- The prosecutor (The duty to ensure justice is done ; Case study 5.3: Prosecutor misconduct ; Discretion to bring charges ; Prosecution disclosure of evidence to the defense ; Plea bargaining ; Proprietorial misconduct ; Case study 5.4: Wrongful conviction payment ; A closer look: Justice department acts on prosecutor misconduct ; Case study 5.5: Convict's DNA sways labs, not a determined prosecutor ; Case study 5.6: Prosecutor withholds evidence ; Case study 5.7: Release after 14 years) -- Judicial ethics (Election of judges ; Judicial ideology ; Specific ethical rules governing judges ; A closer look: Elections of judges proposed for Maricopa County, Mesa, Arizona ; Judges and virtue ethics ; Judicial misfeasance ; Case study 5.8: Prosecutor says tape shows Brooklyn judge took a bribe).
6. The purpose of criminal punishment. What is punishment? -- Theoretical approaches to punishment -- Why punish? the philosophical approach (Deterrence ; A closer look: Punishment and history ; Case study 6.1: The nature of the punishment: corporal punishment ; Retribution ; Reconciling utilitarian and retributive theories ; Rehabilitation ; Incapacitation) -- Restorative justice (Case study 6.2: Restorative justice or extortion?) -- Why punish? The sociological approach.
Chapter 7. Ethics in corrections: The nature of corrections. The prison explosion (Time line of the prison explosion ; Prison overcrowding ; The prison explosion: time line of events ; Women's incarceration ; A closer look: Women in prison ; New forms of incarceration) -- Maximum security (A closer look: Sexual assault at a women's prison in Alabama ; Conditions in maximum security prisons ; Justifying the supermax confinement ; Morality of supermax confinement ; Maximum security in the United Kingdom ; Growth of supermax prisons ; Evaluating the success of the supermax prison ; Solitary confinement) -- Medium security and minimum security -- Stateville prison: The changing state of corrections (Early prison governance at Stateville ; Stateville and prison order, 1936-1961 ; Stateville and prisoner's rights, 1960s ; Stateville and professionalism, 1970-1975 ; A closer look: American correctional association code of ethics preamble) -- Corrections subculture (Prison officer subculture ; Prison officer socialization ; Adapting to prison ; A closer look: Kauffman's prison officer types) -- Power and authority in prison: controlling the inmates (Forms of power ; Types of authority ; The battle for compliance ; Rewards and punishments ; Enforcing rule violations ; Informal controls ; Prisoner "Power" ; Corruption of authority) -- Private prisons (Case study 7.1: Private prisons-a good policy choice?) -- Disenfranchising inmates (Reforms) -- Treating opioid abuse in correctional institutions (A closer look: Cutting prison time for organ donors: is this ethical?).
Chapter 8. Ethics in corrections: guarding ethically. The experience of guarding -- Guarding ethically (Ethical dimensions: punishment, prison conditions ; Ethical challenges ; Case study 8.1: Male prison rape and "Deliberate indifference") -- Guarding with discretion -- Unethical situations (Use of force ; Witnessing and experiencing violence in prisons ; Using force ; Case study 8.2: Brutality at Rikers Island, New York ; A closer look: Forms of coercion ; Officers' perspectives on use of force ; Officer violence as informal justice ; Justifications for officer violence ; Constraining officer violence ; Judicial review of use of force ; Correctional policy on use of force) -- Rape in prison (Rates of sexual violence in prisons ; Reporting and responding to rape in prisons ; Prison rape elimination act -- Case study 8.3: Rape in prison ; Transgender prisoners) -- Corruption (Case study 8.4: Prison officers charged with smuggling and assault ; Case study 8.5: Baltimore jail inmate builds drug trafficking operation with active cooperation of prison officers) -- Oversight of prisons (Whistle-blowing in corrections ; Case study 8.6: Federal prison officer convicted of repeatedly raping female inmate ; Judicial oversight of prisons ; A closer look: A probation and parole officer's code of ethics) -- Ethical issues in probation and parole (Probation officers and law enforcement ; Arming probation officers ; Treatment of control? ; Privatizing probation ; Case study 8.7: Private probation and the poor ; Parole ; Abolition of parole for life ; Imprisonment (LWOP) ; Parole officers as police).
Chapter 9. The ethics of criminal justice policy making. The ethics of policy making (Justifying policy choices ; Ethical policy making ; Moral panics and morality ; Policy making ; Case study 9.1: An example of unethical policy making?) -- Morality policy (Rationale for morality policy making) -- Penal policies (Race and crime control policies ; Mass incarceration as the new "Jim Crow" ; Ending mass imprisonment? ; Elderly inmates) -- Public opinion about punishment policies (Public attitudes toward crime ; A closer look: Prison and amenities ; Public participation in sentencing offenders) -- Mandatory minimum sentencing ("Three-strikes" legislation as criminal justice policy ; Content and operation of three-strikes laws ; Criticisms of three strikes ; Three strikes and penal ideology ; Three-strikes laws and public opinion) -- The war on drugs (Crime-control politics and the war on drugs ; Fighting the war on drugs: prosecutions and incentives ; Drugs and incarceration ; A closer look: Lighter sentences for crack cocaine cases) -- Truth in sentencing -- Predators and superpredators (Sexual predators ; A closer look: States detain sex offenders after prison ; Juvenile superpredators ; Internet sexual solicitation) -- Capital punishment (The supreme court, the states, and the death penalty ; State policies on capital punishment ; A closer look: Retentionist and abolitionist countries on the death penalty in 2017 ; A closer look: The United States and the death penalty ; Public opinion on capital punishment ; A closer look: Death by lethal injection: Degrading to human dignity?) -- The "criminalization" of immigration (Illegal immigration: background and consequences ; The nature of crimmigration ; The effect of crimmigration ; Justifications for crimmigration ; The morality of crimmigration ; "Criminal aliens" ; Detention centers ; A closer look: The detention process ; The effectiveness of crimmigration.
Chapter 10. Ethics and the "war on terrorism." Defining terrorism (A closer look: explaining "Just War" ; Terrorism as a moral judgement) -- Warfare or crime control? (A criminal justice approach to terrorism ; Waging a war on terrorism ; Risks of a warlike approach ; Justifications for waging war) -- Other responses to terrorism (Morally justifiable constraints and restrictions ; Is torture morally permissible as a counterterrorist strategy? ; A closer look: Findings and conclusions of the senate select committee on intelligence's study of the CIA's detention and interrogation program ; A closer look: the moral legitimacy of torture) -- The morality of targeted killing (The United States and targeted killings ; "Post-heroic" warfare ; A closer look: Armed drones and targeted killings ; Drones and decisions to use force ; Noncombatant casualties ; Proportionality ; Legal and moral framework for drone strikes ; The Disembodies warrior ; Arguments against targeted killings).
Chapter 11. Media ethics and criminal justice. Media constructions of crime (Crime, media, and ethics) -- Reporting the truth (A closer look: Characteristics of stories crime and media stereotyping of young black males ; A closer look: images of black criminality media stereotyping of gender and crime media distortions of crime and victims of crime ; Case study 11.1: Blaming the victim or privacy violation? Media responses to sexting ; A closer look: Comic books: Constructions of crime, justice, and punishment ; Media and moral panics ; A closer look; the college experience: media representations of "binge drinking" and unsafe and violent campuses ; Media and fear of crime) -- Avoiding bias (Newsworthiness: shaping news ; Media and police) -- Avoiding harm (A closer look: Murders in an Amish community) -- Serving the public (A closer look: The CSI effect ; Crime and infotainment) -- Maintaining trust (A closer look: Media promoting unfairness and injustice) -- Manipulation (A closer look: Media manipulation assists prosecutor and sheriff to catch a convicted murderer planning arson).
Chapter12. Duty and principle. Hypothetical and categorical imperatives (The principle of universality ; Respect for all persons ; Kingdom of ends) -- Conflicting duties -- Applying deontological theory (Case study 12.1: Rough justice in a juvenile institution ; A closer look: Deontological evaluation of ethical dilemmas ; A closer look: Applying deontology).
Chapter 13. Considering the consequences. Pleasure and happiness - Act consequentialism -- Rule consequentialism -- Public policy and utilitarianism -- Arguments criticizing utilitarianism (A closer look: A case of euthanasia ; A closer look: The treatment of animals ; Case study 13.1: Good friends are hard to find) -- Applying utilitarian theory (A closer look: utilitarian evaluation of ethical dilemmas ; A closer look: applying utilitarianism).
Chapter 14. The importance of character. A closer look; Aristotle -- Virtues -- Aristotle and happiness - The golden mean -- Practical wisdom -- What's wrong with virtue? -- Applying virtue theory (Case study 14.1: Profiling in the neighborhood ; A closer look: Virtue ethics evaluation of ethical dilemmas ; A closer look: applying virtue ethics).
Chapter 15. Egoism, pleasure, and indifference. Stoicism -- Hedonism -- Ethical egoism (Psychological egoism ; A closer look: Epicurus ; Ethical egoism) -- Applying the theory of ethical egoism (A case study 15.1: Giving your own punishment ; A closer look; Ethical egoism evaluation of ethical dilemmas ; A closer look: Applying ethical egoism).
Chapter 16. A sense of justice. Application of the principles -- Justice as fairness -- Moral development -- Applying Rawlsian theory (A closer look: A social justice evaluation of ethical dilemmas ; A closer look: Applying social justice ; Discussion case).
Chapter 17. Caring for others. Kohlberg and Gilligan -- A theory of moral development -- "In a different voice": Carol Gilligan -- Gender and the ethic of care (An ethic of care ; Developing the ethic of care) -- The ethic of care and justice -- Peacemaking -- Applying the ethic of care (Case study 17.1: Tough love ; A closer look: Ethic of care and peacemaking approaches to ethical dilemmas ; A closer look: Applying the ethic of care).
Subject: Criminal justice, Administration of > Moral and ethical aspects.
Police ethics.
Race discrimination > Moral and ethical aspects.
Corrections > Moral and ethical aspects.

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