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Criminal Justice
Professor Lockwood

ETHICAL ISSUES IN CRIMINAL JUSTICE: MIDTERM REVIEW 1. Apologia Four Stages of Moral Career; Situational justification of unethical behavior 2. Attorney/Client Attorney cannot testify about info gathered while representing their client. Privilege Very few exceptions 3. Choice Four occupation phases of police; The desire and ability to become a police officer. Imported values; possible military experience or family in. law enforcement 4. Cohen His conception of the moral agent held that only an attorney acting as a moral agent had the capacity to be moral; believed attorneys should be moral agents and decided independently what is right and wrong. 5. Contingencies Four Stages of Moral Career; Factors experienced by officer within their working environment that encourage or discourage unethical behaviors. 6. Control of Coercion Supreme Court hasn’t specifically determined what interrogation techniques are legal; make decision on a case by case basis. 7. Corrective Justice attempt to make things right, penalties to correct a wrong doing, apply consequences fairly 8. Deceptive "Interview" vs. "Interrogation”: distinguished by their purpose and nature. Interrogation Purpose of interview: gather pertinent information, occurs in early invest. Techniques Purpose of Interrogation: investigators deliberately trying to elicit incriminating evidence used for prosecution. Role Playing: Purpose is to get suspect to forget adversarial nature of the relationship between them. Assume roles friendlier to get confession. Miranda Warnings: often delivered in a manner more likely to get a waiver from suspect. Fabricated Evidence: Police saying they have "evidence" Exaggerating the nature and severity of the offense: Maximization of the negative consequences. Normalization/minimization of the crime: attempt to minimalize perceived consequences for an admission of guilt. Misrepresenting identity: changing up their job title to obtain confession Use of promises: Since direct promises are deemed unconstitutional, they rely on promises that do not guarantee but only imply such an improvement. 9. Denial of Injury Socially Situating Unethical Behavior; technique of neutralization that provides police with a host of justifications for their unethical acts. (Police stealing evidence from suspect or planting) 10. Denial of Victim A characterization of victims in an attempt to justify unethical behavior. 11. Deontological Rather than focusing on the results or ends of the behavior, it looks at the behavior itself to see if it conforms to the categorical imperative. (one must do only what one can will that all others should do under similar circumstances) 12. Deontological Deon V Tele; the morality of an action is based on if it conforms to a moral principle. ETHICAL ISSUES IN CRIMINAL JUSTICE: MIDTERM REVIEW 13. Deontological System of ethics based on the writings of Immanuel Kant wherein the ethics morality or rightness of any decision is judged by an examination of the nature of the action and the will of the agents rather than on the goals or outcomes of that action 14. Distributive Justice Regulates what the community owes its citizens in proportion to their contributions and needs 15. Due Process (law) the administration of justice according to established rules and principles 16. Duty Moral obligation that must be carried out to be considered ethical. 17. Egoism attempting to get personal recognition for yourself (especially by unacceptable means) 18. Encounter Four occupation phases of police; Bridging theory and practice. FTO teaches realities of police work and how to behave in situations where skills learned in basic training does not. (Officers learn to distrust citizens, courts, media, and administration ... etc.) 19. Ethical Formalism The ethical system espoused by Kant that focuses on duty; holds that the only thing truly good is a good will, and that what is good is that which conforms to the categorical imperative 20. Ethical Formalism based on motive and intent of the person who performs the action 21. Four occupation Choice - Introduction - Encounter - Metamorphosis phases of police 22. Four Stages of Moral Contingencies, Moral Experiences, Apologia, Stages Career 23. Imported Values Came in with ideas of what they're supposed to do with policing; imported from society at large, family values 24. Introduction Four occupation phases of police; Learning skills and behaviors required to become a police officer. Loyalty, solidarity, conformity, cynicism for bureaucracy.. 25. Leads to Ethical Unethical actions begin with a way of thinking that leads to an unethical act. Dilemmas in Policing 26. Learned Values A competing perspective of the source of police values argues that police values are not imported from society at large but are instead learned on the job. 27. Legal Advocate Gives client no individual contribution of morality ETHICAL ISSUES IN CRIMINAL JUSTICE: MIDTERM REVIEW 28. Legally permissible Use of force, use of informants, and unique interpretation of the law, (terry but unethical stops). 29. Metamorphosis
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