Concordia University Management of Criminal Justice Ethics in Criminal Justice AL 329 Thomas N. Davidson, J.D

Concordia UniversityConcordia UniversityManagement of Criminal Management of Criminal

JusticeJusticeEthics in Criminal Ethics in Criminal Justice AL 329Justice AL 329

Thomas N. Davidson, J.D.Thomas N. Davidson, J.D.

Ethics DefinedEthics Defined

Ethics can be defined as a branch of Ethics can be defined as a branch of philosophy that is concerned with the philosophy that is concerned with the study of what is morally right and wrong, study of what is morally right and wrong, good and bad. The term comes from the good and bad. The term comes from the Greek root Greek root ethikosethikos, which means , which means character.character.

Why study ethics?Why study ethics?

Professionals are recognized in part Professionals are recognized in part because professions include ethical because professions include ethical standards.standards.

Develops analytical skills.Develops analytical skills. Consequences for ethical errors.Consequences for ethical errors. Germane to management decisions.Germane to management decisions.

GoalsGoals

Become aware of ethical issues.Become aware of ethical issues. Develop critical thinking skills.Develop critical thinking skills. Become more personally responsible.Become more personally responsible. Understand how business is involved in Understand how business is involved in

coercion and persuasion.coercion and persuasion. Develop “wholesight” which means to Develop “wholesight” which means to

explore issues with one’s heart as well as explore issues with one’s heart as well as one’s mind.one’s mind.

Normative EthicsNormative EthicsNormative ethics is the branch of Normative ethics is the branch of philosophical ethics that investigates the set philosophical ethics that investigates the set of questions that arise when we think about of questions that arise when we think about “how ought one acts morally speaking.” “how ought one acts morally speaking.” These theories determine which moral These theories determine which moral standards to follow & which actions are standards to follow & which actions are

morally right or wrong.morally right or wrong.

Ethical ModelsEthical Models

Deontological ethicsDeontological ethics or or deontologydeontology ( (GreekGreek: : DeonDeon meaning meaning obligationobligation or or dutyduty) ) is a theory holding that is a theory holding that decisionsdecisions should should be made solely or primarily by considering be made solely or primarily by considering one's one's dutiesduties and the and the rightsrights of others. If the of others. If the act is good, then ethical even if bad act is good, then ethical even if bad outcome and vice versa.outcome and vice versa.


ConsequentialismConsequentialism ( (Teleological ModelTeleological Model) ) refers to those moral theories that hold refers to those moral theories that hold that the consequences of a particular that the consequences of a particular action form the basis for any valid moral action form the basis for any valid moral judgment about that action. Thus, on a judgment about that action. Thus, on a consequentialist account, a morally right consequentialist account, a morally right action is an action which produces good action is an action which produces good consequences. The act may look bad, but consequences. The act may look bad, but if good result, then ethical.if good result, then ethical.


The Kantian-Utilitarian Principle emphasis The Kantian-Utilitarian Principle emphasis doing the most good at the expense of the doing the most good at the expense of the least amount of people. It recognizes that least amount of people. It recognizes that there may be a means to an end. But it is there may be a means to an end. But it is only ethical if as few people as possible only ethical if as few people as possible are treated as means to the end that are treated as means to the end that brings good the greater number.brings good the greater number.


EgoismEgoism is belief that one is belief that one oughtought to do what to do what is in one's own self-interest, although a is in one's own self-interest, although a distinction should be made between what distinction should be made between what is really in one's self-interest and what is is really in one's self-interest and what is only apparently so. What is in one's only apparently so. What is in one's self-interestself-interest may may incidentallyincidentally be be detrimental to others, beneficial to others, detrimental to others, beneficial to others, or neutral in its effect. or neutral in its effect.


AltruismAltruism is an is an ethical doctrineethical doctrine that holds that holds that individuals have an ethical obligation that individuals have an ethical obligation to help, serve, or benefit others, if to help, serve, or benefit others, if necessary at the sacrifice of self interest. necessary at the sacrifice of self interest.


The The ethic of reciprocityethic of reciprocity or or "The Golden "The Golden Rule"Rule" is a fundamental is a fundamental moralmoral principle principle found in virtually all major found in virtually all major religionsreligions and and culturescultures, which simply means ", which simply means "treat others treat others as you would like to be treated.as you would like to be treated." It is " It is arguably the most essential basis for the arguably the most essential basis for the modern concept of modern concept of human rightshuman rights. Principal . Principal philosophers and religious figures have philosophers and religious figures have stated it in different waysstated it in different ways..

The Golden RuleThe Golden Rule "Thou shalt not avenge, nor bear any grudge against the children of "Thou shalt not avenge, nor bear any grudge against the children of

thy people, but thou shalt love thy neighbor as thyself: I am the thy people, but thou shalt love thy neighbor as thyself: I am the LORD." — Moses (ca. 1525-1405 BCE) in the Torah Leviticus 19:18 LORD." — Moses (ca. 1525-1405 BCE) in the Torah Leviticus 19:18

"This is the sum of duty; do naught onto others what you would not "This is the sum of duty; do naught onto others what you would not have them do unto you." from the Mahabharata (5:15:17) (ca. have them do unto you." from the Mahabharata (5:15:17) (ca. 500BCE) 500BCE)

"What you do not wish upon yourself, extend not to others." — "What you do not wish upon yourself, extend not to others." — Confucius (ca. 551–479 BCE) Confucius (ca. 551–479 BCE)

"What is hateful to you, do not to your fellow man." — Hillel (ca. 50 "What is hateful to you, do not to your fellow man." — Hillel (ca. 50 BCE-10 CE) BCE-10 CE)

"Do unto others as you would have them do unto you." — Jesus (ca. "Do unto others as you would have them do unto you." — Jesus (ca. 5 BCE—33 CE) in the Gospels, Matthew 7:12, Luke 6:31, Luke 5 BCE—33 CE) in the Gospels, Matthew 7:12, Luke 6:31, Luke 10:25 10:25

"Hurt no one so that no one may hurt you." — Muhammad (c. 571 – "Hurt no one so that no one may hurt you." — Muhammad (c. 571 – 632 CE) in The Farewell Sermon. 632 CE) in The Farewell Sermon.


ReligionReligion: conform to God’s will.: conform to God’s will. Codified EthicsCodified Ethics: formal written rules.: formal written rules. Natural LawNatural Law: what is good is that which is : what is good is that which is

natural. Hierarchy: Profession virtues, American natural. Hierarchy: Profession virtues, American virtues, and Human virtures.virtues, and Human virtures.

MetaphysicsMetaphysics: Creator, human soul, supernatural.: Creator, human soul, supernatural. Ethics of CareEthics of Care: meet the needs of those : meet the needs of those

concerned.concerned. Ethics of VirtueEthics of Virtue: conform to the : conform to the Golden Mean.Golden Mean.

Golden MeanGolden Mean

AreaArea Defect Defect MeanMean ExcessExcess

FearFear CowardCoward CourageCourage RecklessReckless

PleasurePleasure Insensitive ControlInsensitive Control IndulgenceIndulgence

MoneyMoney StingyStingy GenerousGenerous Extravagant Extravagant

AngerAnger ApathyApathy GentleGentle Hot-headHot-head

TruthTruth self-dep.self-dep. TruthfulTruthful BoastfulBoastful

ApologiaApologia

Act or omission.Act or omission. Cognitive Dissonance.Cognitive Dissonance. Rationalization that transforms the act or Rationalization that transforms the act or

omission to being ethical.omission to being ethical.Cognitive dissonanceCognitive dissonance is a psychological term is a psychological term

which describes the uncomfortable tension that which describes the uncomfortable tension that comes from holding two conflicting thoughts at comes from holding two conflicting thoughts at the same timethe same time..

ApologiaApologia

I didn’t get anything for it.I didn’t get anything for it. It wasn’t illegal.It wasn’t illegal. He made me do it.He made me do it. He had it coming.He had it coming. Everyone else is doing it.Everyone else is doing it. If I didn’t some one else would have.If I didn’t some one else would have.

Ethical Judgment AnalysisEthical Judgment AnalysisFree will

MotiveEffects to

others

Act or Omission

Model

Tort Ethical AnalysisTort Ethical Analysis

Likelihood of Harm + Gravity of Harm

< >

Cost to reduce or eliminate the risk

Gravity of Harm or GoodGravity of Harm or Good

Intensity – strength of pain or pleasure.Intensity – strength of pain or pleasure. Duration – how long it lasts.Duration – how long it lasts. Certainty – how sure we are of outcome.Certainty – how sure we are of outcome. Propinquity – how soon the pain or pleasure Propinquity – how soon the pain or pleasure

starts.starts. Fecundity – probability the pain or pleasure will Fecundity – probability the pain or pleasure will

be followed by more pain or pleasure.be followed by more pain or pleasure. Purity – probability the pain or pleasure will be Purity – probability the pain or pleasure will be

followed by more of the same.followed by more of the same. Extent – the number of people effected.Extent – the number of people effected.

Ethical Problem SolvingEthical Problem Solving

Consider:Consider: Benefit and harms caused by each alternative;Benefit and harms caused by each alternative; Which alternative;Which alternative;

1.1. Best respects moral rights.Best respects moral rights.

2.2. Best promotes common good.Best promotes common good.

3.3. Does not discriminate or shows favoritism.Does not discriminate or shows favoritism.

4.4. Best promotes virtues.Best promotes virtues.

Things to considerThings to consider

RelativismRelativism: What is good or immoral : What is good or immoral changes over time.changes over time.

AbsolutismAbsolutism: What is wrong is always : What is wrong is always wrong.wrong.

Situational EthicsSituational Ethics. I choose which model . I choose which model of ethics to follow depending on the of ethics to follow depending on the circumstances.circumstances.

Key TermsKey Terms

ReasoningReasoning: a method of thinking by which : a method of thinking by which proper conclusions are reached through proper conclusions are reached through abstract thought processes.abstract thought processes.

The Divided LineThe Divided Line: Plato’s theory of : Plato’s theory of knowledge. 4 levels of knowledge. 1) knowledge. 4 levels of knowledge. 1) lowest level is lowest level is conjecture & imaginationconjecture & imagination; 2) ; 2) beliefbelief based on faith; 3) based on faith; 3) scientific scientific knowledge;knowledge; & 4) the highest level is & 4) the highest level is reasoningreasoning..

Key TermsKey Terms

Theory of RealismTheory of Realism: Aristotle’s explanation : Aristotle’s explanation of reality. 3 concepts: of reality. 3 concepts: RationalityRationality, ability to , ability to use abstract reasoning; use abstract reasoning; potentiality & potentiality & actualityactuality, the capacity to become & a state , the capacity to become & a state of being; and the of being; and the golden meangolden mean, the middle , the middle point between extreme qualities.point between extreme qualities.

EthicsEthics: Philosophy that examines : Philosophy that examines principles of right and wrong.principles of right and wrong.

Key TermsKey Terms

MoralityMorality: practice of applying ethical : practice of applying ethical principles.principles.

Intrinsic goodsIntrinsic goods: objects, actions, or : objects, actions, or qualities that are valuable in themselves.qualities that are valuable in themselves.

Non-intrinsic goodsNon-intrinsic goods: good only for : good only for developing or serving an intrinsic good.developing or serving an intrinsic good.

Summum bonumSummum bonum: principle of the highest : principle of the highest good that cannot be subordinated to good that cannot be subordinated to another.another.

Key TermsKey Terms

E=PJE=PJ22: guiding formula for making moral : guiding formula for making moral judgment. E is the ethical decision; P is judgment. E is the ethical decision; P is the principle; & J is the justification of the the principle; & J is the justification of the situation.situation.

DeterminismDeterminism: theory that all thoughts & : theory that all thoughts & actions result from external forces beyond actions result from external forces beyond human control.human control.

IntentionalismIntentionalism: free will.: free will.

Key TermsKey Terms

MitigatingMitigating (M) is to act in such a way as to (M) is to act in such a way as to cause an offense to seem less serious or cause an offense to seem less serious or the action of lessening in severity or the action of lessening in severity or intensity. intensity.

AccentuatingAccentuating (A) is the act of giving (A) is the act of giving special importance or significance to special importance or significance to something. something.

Exploring VirtueExploring Virtue: Socrates : Socrates (469-399 B.C.)(469-399 B.C.)

Life unexamined is not worth living.Life unexamined is not worth living. A belief unexamined is not worth following.A belief unexamined is not worth following. A practice unexamined is not worth A practice unexamined is not worth

adhering to.adhering to. Dialectic methodDialectic method: exchange questions & : exchange questions &

answers to establish or deny the truth of a answers to establish or deny the truth of a matter.matter.

Socratic methodSocratic method: the same as dialectic : the same as dialectic method above renamed after Socrates.method above renamed after Socrates.

Socratic ReasoningSocratic Reasoning

What is it?What is it? What is good for?What is good for? How do we know?How do we know?

Establish the purpose of the phenomenon Establish the purpose of the phenomenon and determine its goodness by fulfilling its and determine its goodness by fulfilling its purpose.purpose.

Guiding Formula for Moral JudgmentGuiding Formula for Moral Judgment

1.1. Select moral principle that best defines the problem: Select moral principle that best defines the problem: honesty, fairness, equity, loyalty, et cetera.honesty, fairness, equity, loyalty, et cetera.

2.2. Justify the situation by examining whether it conforms Justify the situation by examining whether it conforms to the selected principle. If not, accentuating or to the selected principle. If not, accentuating or mitigating factors that make it more or less fitting?mitigating factors that make it more or less fitting?

3.3. If situation fits exactly, then the judgment should be If situation fits exactly, then the judgment should be made exactly in accordance with the principle.made exactly in accordance with the principle.

4.4. If it does not fit, judgment is made by determining a If it does not fit, judgment is made by determining a high or low likelihood that the situation fits the principle high or low likelihood that the situation fits the principle by examining the accentuating & mitigating factors.by examining the accentuating & mitigating factors.

E=PJE=PJ22

E is the ethical decision to be made.E is the ethical decision to be made. P is the principle.P is the principle. J is the justification of the situation.J is the justification of the situation. Square on the value of J is proposed to Square on the value of J is proposed to

allow for justification to be ratcheted up or allow for justification to be ratcheted up or down depending on the power of down depending on the power of accentuating or mitigating factors.accentuating or mitigating factors.

E=PJE=PJ2 put to the test.2 put to the test.

EE = Death penalty. = Death penalty. PP = Sanctity of Life. = Sanctity of Life. JJ = Protect Society = Protect Society

1.1. Deterrence (A)Deterrence (A)

2.2. Retribution (A)Retribution (A)

3.3. Extinguishes risk of escape and other Extinguishes risk of escape and other transaction costs of incarceration. (A)transaction costs of incarceration. (A)

4.4. Killing is intrinsically evil even when done by Killing is intrinsically evil even when done by the government. (M)the government. (M)

Rules of Moral JudgmentRules of Moral Judgment1.1. Intrinsic evils are the lowest levels of morality Intrinsic evils are the lowest levels of morality

and should be avoided.and should be avoided.2.2. Intrinsic goodness is the highest level of Intrinsic goodness is the highest level of

goodness and should be sought.goodness and should be sought.3.3. Summum bonum is the highest moral choice Summum bonum is the highest moral choice

and should be sought.and should be sought.4.4. If intrinsic goodness cannot be achieved, the If intrinsic goodness cannot be achieved, the

highest level of non-intrinsic goodness should highest level of non-intrinsic goodness should be sought.be sought.

5.5. Whenever intrinsic evil can be avoided, the Whenever intrinsic evil can be avoided, the highest level of non-intrinsic evil should be highest level of non-intrinsic evil should be sought.sought.

6.6. When in doubt, apply E=PJWhen in doubt, apply E=PJ22..

Christian Ethical ModelChristian Ethical Model

Three legged stool

Holiness

LoveJustice

HolinessHoliness Zeal for God – riches, material goods, & Zeal for God – riches, material goods, &

career goals are of lesser importance.career goals are of lesser importance. Purity – honesty & morality.Purity – honesty & morality. Accountability.Accountability. Humility.Humility. Avoid abuses of Holiness: legalism (rule Avoid abuses of Holiness: legalism (rule

keeping), judgmentalism (finger pointing), keeping), judgmentalism (finger pointing), & withdrawal (flight from responsibility).& withdrawal (flight from responsibility).

JusticeJustice Procedural Rights – notice & hearing for those accused Procedural Rights – notice & hearing for those accused

of wrong doing.of wrong doing. Fairness – adequate notice, hearing, and evidence.Fairness – adequate notice, hearing, and evidence. Equal Protection – people in similar circumstances are Equal Protection – people in similar circumstances are

treated similarly. treated similarly. Substantive Rights – those rights that are spelled out Substantive Rights – those rights that are spelled out

and that which procedural rights seek to protect.and that which procedural rights seek to protect. Merit – cause and effect.Merit – cause and effect. Contracts – fulfill promises.Contracts – fulfill promises. Compensation for those offended.Compensation for those offended. Beware of abuses of Justice: Harshness & Beware of abuses of Justice: Harshness &

Condemnation.Condemnation.

LoveLove

Emphasis on relationships.Emphasis on relationships. Empathy – not the same as sympathy.Empathy – not the same as sympathy. Mercy – empathy with legs.Mercy – empathy with legs. Sacrifice of rights – negotiation, Sacrifice of rights – negotiation,

consideration, and compromise.consideration, and compromise. Avoid abuses of Love – doormat & Avoid abuses of Love – doormat &

ambiguity.ambiguity.

Christian Model: Balance Holiness, Christian Model: Balance Holiness, Justice, & Love.Justice, & Love.

Freedom from crime is not freeFreedom from crime is not free..

The degree to which a society achieves The degree to which a society achieves public order depends in part on the price public order depends in part on the price society is willing to pay to obtain it.society is willing to pay to obtain it.

Resources committed to crime Resources committed to crime suppressions, detection, and prevention.suppressions, detection, and prevention.

The extent to which people are willing to The extent to which people are willing to accept a reduction in civil liberties.accept a reduction in civil liberties.

Government v. Liberty TensionGovernment v. Liberty TensionIn a free society there is a constant tension In a free society there is a constant tension

between its government’s legitimate police between its government’s legitimate police function and its citizens’ liberty interests. It function and its citizens’ liberty interests. It has and will be with us and it will never go has and will be with us and it will never go away. It is a source of conflict that must away. It is a source of conflict that must be understood by both the police and the be understood by both the police and the population in order for it to be controlled.population in order for it to be controlled.

Ethical DiscretionEthical Discretion

Depends on one’s moral commitment to Depends on one’s moral commitment to both society and the agency served.both society and the agency served.

Indiana’s Tort Claims act gives officers Indiana’s Tort Claims act gives officers immunity from liability for using discretion immunity from liability for using discretion as to whether to enforce or not enforce a as to whether to enforce or not enforce a law.law.

Special Relationship doctrine.Special Relationship doctrine.

Indiana State Tort Claims Act IC 34-13-3Indiana State Tort Claims Act IC 34-13-3

Notice of tort claim 270 days for state; 180 days for Notice of tort claim 270 days for state; 180 days for political subdivision.political subdivision.

IC 34-13-3-3 Immunity of governmental entity or IC 34-13-3-3 Immunity of governmental entity or employeeemployee: The performance of a discretionary function; : The performance of a discretionary function; The adoption and enforcement of or failure to adopt or The adoption and enforcement of or failure to adopt or enforce a law, unless the act of enforcement constitutes enforce a law, unless the act of enforcement constitutes false arrest or false imprisonment; and an act or false arrest or false imprisonment; and an act or omission performed in good faith and without malice omission performed in good faith and without malice under the apparent authority of a statute which is invalid under the apparent authority of a statute which is invalid if the employee would not have been liable had the if the employee would not have been liable had the statute been valid.statute been valid.

The Act provides for 23 express instances of immunity.The Act provides for 23 express instances of immunity.

Police SubculturePolice Subculture

A cultural subgroup differentiated by status, A cultural subgroup differentiated by status, ethnic background, residence, religion, or other ethnic background, residence, religion, or other factors that functionally unify the group and act factors that functionally unify the group and act collectively on each member. collectively on each member.

The existence of a subculture suggests that The existence of a subculture suggests that officers share a number of attitudes, values, and officers share a number of attitudes, values, and beliefs that separate them from other members beliefs that separate them from other members of society. These attitudes, values, and beliefs of society. These attitudes, values, and beliefs are transmitted from one generation to the next are transmitted from one generation to the next through a process of socialization.through a process of socialization.

More Key TermsMore Key Terms

Principled-Based Management:Principled-Based Management: philosophy of philosophy of management that is based on ethical principles, management that is based on ethical principles, enlightened reasoning, moral responsibility, & enlightened reasoning, moral responsibility, & good faith.good faith.

Integrated Thinking:Integrated Thinking: Based on reasoning and Based on reasoning and deductive logic independent of bias or interest.deductive logic independent of bias or interest.

Moral Agility:Moral Agility: ability to distinguish between ability to distinguish between shades of moral choices.shades of moral choices.

LyingLying

The public does not have a constitutional The public does not have a constitutional right that the police will tell the truth.right that the police will tell the truth.

Public Policy: undercover officers.Public Policy: undercover officers. Lying by the police during interrogation Lying by the police during interrogation

can be used as a factor to determine can be used as a factor to determine whether any statements were coerced.whether any statements were coerced.

Lying under oath, however, is a crime Lying under oath, however, is a crime (perjury).(perjury).

Lying: Public PolicyLying: Public Policy

Acceptable when innocent lives are at Acceptable when innocent lives are at stake; orstake; or

When a lie can help achieve a higher When a lie can help achieve a higher moral value, such as national secrets, moral value, such as national secrets, helping a patient recover, or sustaining helping a patient recover, or sustaining vital family relations.vital family relations.

Lying in Crisis NegotiationsLying in Crisis Negotiations

What is the benefit to be gained by deceiving the What is the benefit to be gained by deceiving the suspect?suspect?

What is the likelihood the deception will be What is the likelihood the deception will be discovered?discovered?

What are the possible consequences if the What are the possible consequences if the deception is discovered?deception is discovered?

If the deception is discovered, is there a way to If the deception is discovered, is there a way to recover from it?recover from it?

Is there an alternative to deceiving the suspect?Is there an alternative to deceiving the suspect?

More Key TermsMore Key Terms Justifiable Inequality: unequal treatment Justifiable Inequality: unequal treatment

necessary to serve legitimate social or necessary to serve legitimate social or governmental interests.governmental interests.

Unjustifiable Inequality: unequal treatment that Unjustifiable Inequality: unequal treatment that does not serve a legitimate social or government does not serve a legitimate social or government interest.interest.

Discrimination: injurious treatment of people on Discrimination: injurious treatment of people on grounds irrelevant to situation.grounds irrelevant to situation.

Stereotyping: automatically treating someone as Stereotyping: automatically treating someone as an exact duplicate and assigning characteristics an exact duplicate and assigning characteristics of a group to which he belongs.of a group to which he belongs.

Title VII of the Civil Rights Act of 1964Title VII of the Civil Rights Act of 1964

Title VII of the Civil Rights Act of 1964 Title VII of the Civil Rights Act of 1964 prohibits the unequal treatment of persons prohibits the unequal treatment of persons based on race, color, national origin, based on race, color, national origin, religion, gender, age, or disability.religion, gender, age, or disability.

Disparate Disparate treatmenttreatment. Prove that you:. Prove that you:1.1. A member of a protected class; andA member of a protected class; and2.2. Qualified; andQualified; and3.3. Rejected, demoted, or terminated; andRejected, demoted, or terminated; and4.4. Position filled by a person not in a Position filled by a person not in a

protected class.protected class.

Title VII of the Civil Rights Act of 1964Title VII of the Civil Rights Act of 1964

Disparate Disparate ImpactImpact: Practices or procedures : Practices or procedures that are not intentionally discriminatory but that are not intentionally discriminatory but have the effect of discrimination.have the effect of discrimination.

Four-Fifths Rule: Minorities are hired or Four-Fifths Rule: Minorities are hired or promoted at a rate less than fourth-fifths of promoted at a rate less than fourth-fifths of the rate for the group with the highest rate the rate for the group with the highest rate of hiring or promoting.of hiring or promoting.

Employees prima facie caseEmployees prima facie case

Belongs to a protected groupBelongs to a protected group Was qualified for the jobWas qualified for the job Was rejectedWas rejected Position remained open and search Position remained open and search

continuedcontinued

Employer claims action was taken for Employer claims action was taken for legitimate nondiscriminatory reasons. legitimate nondiscriminatory reasons. Employee counters that the reasons are Employee counters that the reasons are simply a pretext for discrimination.simply a pretext for discrimination.

Police ProfilingPolice ProfilingThe Gates case raised new and revived old The Gates case raised new and revived old

questions regarding police profiling and questions regarding police profiling and factors that lead to articulable suspicion factors that lead to articulable suspicion and probable cause.and probable cause.

Egoism in CJSEgoism in CJS

Egoism: the theory that people will Egoism: the theory that people will naturally act only in fulfillment of their self naturally act only in fulfillment of their self interest (self love). interest (self love).

Authority: the right to control others.Authority: the right to control others. Power: the means to control others.Power: the means to control others. The sum of these three factors often The sum of these three factors often

leads to abuse of power by police.leads to abuse of power by police.

Official ResponsibilityOfficial Responsibility

Antidote for natural egoism.Antidote for natural egoism. Responsibility for the cause of their Responsibility for the cause of their

actions.actions. Accountability for the manner in which Accountability for the manner in which

duties are carried out.duties are carried out. Obligation to follow the law & rules.Obligation to follow the law & rules.

Internal Affairs InvestigationsInternal Affairs Investigations

Founded.Founded. Unfounded.Unfounded. Exonerated.Exonerated. Undetermined.Undetermined.

Tennessee v. GarnerTennessee v. Garner

Deadly force by police is justified:Deadly force by police is justified:1.1. To protect/defend oneself or a third party To protect/defend oneself or a third party

from the threat of immanent serious from the threat of immanent serious bodily injury or death;bodily injury or death;

2.2. To interdict a forcible felony;To interdict a forcible felony;3.3. To apprehend a fleeing To apprehend a fleeing forcible felonforcible felon

once less lethal means of capture have once less lethal means of capture have failed, and suspect will get away if you failed, and suspect will get away if you don’t (provide a warning whenever don’t (provide a warning whenever possible.).possible.).

Use of Force ContinuumUse of Force Continuum

Capital PunishmentCapital Punishment 16,272 murders reported to police in USA 16,272 murders reported to police in USA

in 2008.in 2008. 37 executions carried out in 2008.37 executions carried out in 2008. 111 convicted murders sentenced to death 111 convicted murders sentenced to death

in 2008.in 2008. 3,215 inmates on death row in 2008.3,215 inmates on death row in 2008. 1977 to 2007 only 19 of 94 inmates given 1977 to 2007 only 19 of 94 inmates given

a death sentence in Indiana were a death sentence in Indiana were executed (20%). California 13 of 802 executed (20%). California 13 of 802 (1.6%)(1.6%)

E=PJE=PJ2 put to the test.2 put to the test.

EE = Death penalty. = Death penalty. PP = Sanctity of Life. = Sanctity of Life. JJ = Protect Society = Protect Society

1.1. Deterrence (A) Deterrence (A) Really, is it?Really, is it?

2.2. Retribution (A)Retribution (A)

3.3. Extinguishes risk of escape and other Extinguishes risk of escape and other transaction costs of incarceration. (A)transaction costs of incarceration. (A)

4.4. Killing is intrinsically evil even when done by Killing is intrinsically evil even when done by the government. (M)the government. (M)

Documents

Concordia University Management of Criminal Justice Ethics in Criminal Justice AL 329 Thomas N. Davidson, J.D