Ethics in Criminal Justice
In Search of the Truth
- 5th Edition - October 29, 2010
- Author: Sam S. Souryal
- Language: English
Ethics in Criminal Justice: In Search of the Truth, Fifth Edition, provides an introduction to the fundamentals of ethical theory, doctrines, and controversies, and the rules of… Read more
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Ethics in Criminal Justice: In Search of the Truth, Fifth Edition, provides an introduction to the fundamentals of ethical theory, doctrines, and controversies, and the rules of moral judgment. It presents ethics as an “umbrella of civility” under which the law becomes more meaningful and rational, and easier to obey. It also rejects the view that ethical knowledge and moral character are peripheral to the administration of justice. The discussion is organized into two perspectives: a thematic perspective that examines ethical principles common to all components of the discipline, such as wisdom, goodness, morality, and justice, as well as the common vices of deception, racial prejudice, and egoism; and an area-specific perspective that addresses the state of ethics in policing, corrections, and probation and parole. The book covers major concepts of the Stoicism school, the hedonistic school, the virtue school, the religious school, the naturalistic school, the utilitarian school, the duty school, the existential school, and the social justice school. The works of the following are discussed: Epictetus (Stoicism); Aristippus and Epicurus (hedonism); Plato and Aristotle (virtue); Saint Augustine and Saint Thomas Aquinas (religion); Hobbes and Nietzsche (naturalism); Bentham (utilitarian); Kant (duty); Sartre and de Beauvoir (existentialism); and Rawls (social justice).
- A classical approach to the study of ethics in criminal justice
- Challenges the reader to emphasize and restore ethics in their part of the criminal justice field
Students and professionals in the criminal justice field.
Chapter 1 Acquainting Yourself with Ethics
A Tour of the Ethics Hall of Fame
What You Will Learn from This Chapter
Key Terms and Definitions
Overview
Exhibit 1—Knowledge and Reasoning
A Life Unexamined Is Not Worth Living
Exploring Virtue
Knowledge and Virtue
The Reasoning Process
Socratic Reasoning
The Death of Socrates
Exhibit 2—Intellect and Truth
Sources of Intellect
Nature of the Truth
Plato’s Divided Line
Plato’s Dual Truths: Physical and Metaphysical
Exhibit 3—The Nature of Reality
Discovering Reality
Aristotle’s Ethical Realism
Exhibit 4—The Nature of Morality
Morality and Ethics
Morality Defined
Moral Principles
Relativist Views of Morality
Situational Morality
The Jimmy Carter Story
Exhibit 5—Nature of Goodness
The Good Life
The Grammar of Goodness
The Principle of Summum Bonum
A Guiding Formula for Moral Judgment
E = PJ2
E = PJ2 in Practice
Summary
Exhibit 6—Actions and Consequences
Bad Actions/Good Consequences
Good Actions/Bad Consequences
The Utilitarian Measure
Pioneers of Utilitarianism
Exhibit 7—Determinism and Intentionalism
Determinism
Scientific Determinism
Intentionalism
Exhibit 8—The Ethical Person
Profile of the Ethical Person
Review Questions
References
Chapter 2 Familiarizing Yourself with Ethics
Nature, Definitions, and Categories
What You Will Learn from This Chapter
Key Terms and Definitions
Overview
Captain Balian’s Story
Was the Captain Right?
Lieutenant Lotem’s Story
Was the Lieutenant Right?
Moral Judgment in Criminal Justice
Warning: The Deception of Occupational Subculture
Occupational Subculture
The Philosophy of Wisdom
Wisdom and Knowledge
Fallacious Reasoning
The Nature of Ethics
Ethics Defined
A Definitional Caveat
The Scope of Ethics
Ethical Theory
Credibility of Ethics
The Rule of Reasonableness
Categories of Ethical Theory: Normative and Metaethics
Normative Ethics
Metaethics
Normative Ethics: Deontological and Teleological
Deontological Theory
Teleological Theory
Historical Origins of Ethics
Metaphysical/Eternal Law View
Religious View
Social and Legalistic Views
Review Questions
References
Chapter 3 Understanding Criminal Justice Ethics
Sources and Sanctions
What You Will Learn from This Chapter
Key Terms and Definitions
Overview
Ethics of Natural Law
Ethics of Religious Testaments
Ethics of Constitutional Provisions
Ethics of Law
Professional Codes of Ethics
Philosophical Theories of Ethics
Review Questions
References
Chapter 4 Meeting the Masters
Ethical Theories, Concepts, and Issues
What You Will Learn from This Chapter
Key Terms and Definitions
Overview
The Stoicism School: Ethics of Freedom from Passion, Moral Fortitude, and Tranquility (Epictetus)
Introduction
Epictetus: Inner Peace and Contentment through Self-Discipline
The Hedonistic School: Ethics of the Pursuit of Pleasure (Aristippus and Epicurus)
Introduction
Aristippus: The Cyrenaic (Egotistic) School of Hedonism
Epicurus: The Epicurean School of Prudence, Tranquility, and Intellectual Hedonism
The Virtue School: Ethics of Knowledge and Moral Character (Plato and Aristotle)
Introduction
Plato: The Virtues of Perfection through Knowledge and Justice
Aristotle: The Virtues of Moral Character and Self-Realization
The Religious (Scholastic) School: Ethics of the Love of God (Augustine and Aquinas)
Introduction
Saint Augustine: Spiritual Safety and the Happiness of Salvation
Saint Thomas Aquinas: Morality as the Vision of God
The Naturalistic School: Ethics of Egoism and Power (Hobbes and Nietzsche)
Introduction
Thomas Hobbes: Ethics of “Might Makes Right”
Friedrich Nietzsche: Ethics of the Superman
Ethics of Utilitarianism (Bentham)
Introduction
Jeremy Bentham: Ethical Hedonism and Social Happiness
Ethics of Duty and Reason (Kant)
Introduction
The Existential School: Ethics of Moral Individualism and Freedom of Choice (Sartre and de Beauvoir)
Introduction
Ethics of Social Justice (Rawls)
Introduction
John Rawls: Ethics of Social Justice
Review Questions
References
Chapter 5 The Ambivalent Reality
Major Unethical Themes in Criminal Justice Management
What You Will Learn from This Chapter
Key Terms and Definitions
Overview
The Imperative of Ethics in Criminal Justice
A House on the Sand: The Spoils of Management
The Cunning of Unethical Management
The Harvest of Shame
Principle-Based Management
The Challenge of Principle-Based Management
Rethinking Professionalism
The Truth of Professionalism: Looking Good versus Being Good
The Lungs of Professionalism: Integrated Thinking and Moral Agility
Institutional Integrity
Rushmorean Criminal Justice Agencies
A Profile of Rushmorean Courage: Coleen Rowley, the FBI Agent Who Directed Her Boss
The Extent of Corruption in Criminal Justice Agencies
The Root Sins in Criminal Justice Management
References
Chapter 6 Lying and Deception in Criminal Justice
What You Will Learn from This Chapter
Key Terms and Definitions
Introduction and Confession
General Theory of Lying
The Origins of Lying
The Doctrine of Veracity
Can Lying Be Morally Justifiable?
Basic Rules on Lying
The Extent of Lying
Institutional Lying in Criminal Justice
Lying in Policing
Lying in Probation
Lying in Parole
Lying in Corrections
Conclusions
Review Questions
References
Chapter 7 Racial Prejudice and Racial Discrimination
What You Will Learn From This Chapter
Key Terms and Definitions
Overview
Glimpses of Racism in Criminal Justice
Nature of Racial Injustice
The Wilberforce Story
The Ethical View of Racial Injustice
Basic Theory of Prejudice
Prejudice and Knowledge
Targets of Prejudice
Types of Prejudice: Cultural and Psychological
Basic Theory of Discrimination
Roots of Racism
The Mystical Conception of Racism
The Biological Conception of Racism
Social and Legal Conceptions of Racism
Institutional Racism
Reverse Discrimination
Is the Criminal Justice System Racist?
The Debate
Accusations against Police
Accusations against the Correctional System
Accusations against Parole
The Wilbanks Rebuttal
Exploratory Issues in Racism
Moral Guidelines in Understanding Racism
Conclusions
Review Questions
References
Chapter 8 Egoism and the Abuse of Authority
What You Will Learn from This Chapter
Key Terms and Definitions
Overview
Glimpses of Egoism in Criminal Justice
Perceptions of Egoism in Criminal Justice
The Blindness of Egoism
Types of Egoism
Egoism—The Natural View Theory
Egoism—The Altruistic View Theory
Official Responsibility: The Antidote for Natural Egoism
Official Responsibility
Authority Defined
Power Defined
Egoism as Deadly Force
Capital Punishment as State Egoism
The Abolitionist View
The Retentionist View
Comments and Questions to Ponder
Egoism—Ethics of Means and Ends
The Dirty Harry Scenario
The D’Angelo versus Kirkham Scenario
Discussion
Ethical Guidelines
Conclusions
Review Questions
References
Chapter 9 Misguided Loyalties
To Whom, to What, at What Price?
What You Will Learn from This Chapter
Key Terms and Definitions
Overview
The Continuing Controversy
The Ideal of Loyalty
The Grammar of Workplace Loyalties
The Physiology of Personal Loyalty to Superiors
The Peculiar Nature of Personal Loyalty to Superiors
The Paradoxical Nature of Personal Loyalty to Superiors
Cases in Point
Discussion
Two Controlling Realities
Five Investigatory Questions
Three Self-Evident Truths
First: Contractible and Noncontractible Obligations
Second: The Primacy of Justice in the Equation of Criminal Justice
Third: Institutional Integrity
Logical Findings
Cultural and Ethical Concerns
Unionized versus Nonunionized Agencies
The Goliath of Disloyalty
The Strain of Personal Loyalty to Superiors
Arguments in Support of Personal Loyalty to Superiors
Personal Loyalty to Superiors Fosters Supererogation
Personal Loyalty to Superiors Bolsters Institutional Responsibility
Personal Loyalty to Superiors Inhibits Organizational Disloyalty
Personal Loyalty to Superiors Enhances Institutional Integrity
Arguments against Personal Loyalty to Superiors
The Ethical Imperative: The Duty-Based Thesis
First: The Use of the Word Loyalty Should Be Avoided in the Context of Relationships between Superiors and Subordinates
Second: Dutiful Supervision Should Be Strengthened
Third: Professional Accountability Should Be Maximized
Review Questions
References
Chapter 10 Ethics of Criminal Justice Today
What Is Being Done and What Can Be Done?
What You Will Learn from This Chapter
Key Terms and Definitions
Overview
The Dual Essence of Criminal Justice: The Social Order and the Moral Order
The Dual Practice of Criminal Justice: The Ideal Model and the Serviceable Model
References
Chapter 11 Ethics and Police
What You Will Learn from This Chapter
Key Terms and Definitions
Overview
The Problematic Nature of Policing
The Peculiar Environment of the Police
The Semiprofessional Professionals
The Police Prerogative to Abuse Power
Concerns Pertinent to the Nature of Police Power
Concerns Pertinent to Lack of Trust
The Police in Search of a Soul
The Intellectual Virtue: Ethics of Democracy
Why Not Democracy?
Democratic Ethics
Basic Democratic Principles
The Rodney King Case
Haven’t We Learned Anything Yet?
The Farther Reaches of Democratic Ethics
The Moral Virtue: Ethics of Shunning Corruption
Corruption Defined
Scope of Police Corruption
The Dust and Ashes of Corruption
Hedonistic and Obligatory Corruption
Gratuities, Bribes, and Payoffs
Theft and Burglary
Sexual Misconduct
When Police Are Out of Control
Obligatory Corruption
The Obligatory Ethic Not to Deceive
Can Corruption Be Administratively Stopped?
Review Questions
References
Chapter 12 Ethics and Corrections (Prisons)
What You Will Learn from This Chapter
Key Terms and Definitions
Overview
The Corrections Debate
Ethics of Life for Life: The Influence of Beccaria
Ethics of Life for Life: The Morality of Punishment
Ethics of Life for Life: The Moral Justifications for Prisons
Retribution
Prevention/Incapacitation
Deterrence
Rehabilitation
Ethics of Life for Life: A Society That Loves Walls
Ethics of Life for Life: Putting Pain Back into Prisons
From the Ethics of Life for Life to the Ethics of Man and Corrections: Changing Attitudes about Prisons
Ethics of Contemporary Corrections
Ethics of Retribution
Lex Talionis
Punishment Works
Ethics of Treatment
Does Rehabilitation Work?
Methods of Rehabilitation
The State of Rehabilitation Today
Ethics of Man and Corrections: What Good Is Brutality?
The Brutality Issue
Ethics of Man and Corrections: The Scapegoating Theory
The Influence of Foucault
Ethics of Man and Corrections: The Holier-than-Thou Syndrome
Crime as Virus
A Camp of Outcasts
Ethics of Man and Corrections: We’re All Doing Time
Ethics of Man and Corrections: Postcards from Prison
Ethics of Man and Corrections: Rehabilitation through Inner Corrections
Inner Corrections
The Future of Inner Corrections
Corruption of Prison Personnel
Patterns of Prison Corruption
Assessment of Prison Corruption
Review Questions
References
Chapter 13 Ethics of Probation and Parole
What You Will Learn from This Chapter
Key Terms and Definitions
Overview
The Professional Orientation of Probation and Parole
The Probation Mystique
The Borderless Community
The Yellow Wind
Romancing the Stone or Stoning the Romance: Ethics of Community-Based Corrections
The Case for Community-Based Corrections
The Case against Community-Based Corrections
The Leniency View of Morris and Tonry
Intensive Probation
Electronic Monitoring
The Severity View of von Hirsh
Proportionality and Desert
Restrictions against Humiliation and Degradation
Implications Concerning the Privacy of Third Parties
Work Strategies of Probation and Parole Practitioners
Common Unethical Practices in Probation/Parole
Ethical Choices in Probation/Parole
The Punitive/Law Enforcement Practitioner
The Welfare/Therapeutic Practitioner
The Passive/Time Server Practitioner
The Combined Model Practitioner
Review Questions
References
Chapter 14 The Truth Revealed Civility—The Mother of All Virtues
What You Will Learn from This Chapter
Key Terms and Definitions
In Essence
Overview
The Machination of Ethics: Morality and Civility
Civility Defined
Creating a Climate Conducive to Civility
I: Developing an Enlightened Mind
II: Creating a Climate Conducive to Civility
III: Preserving Justice Above All
IV: Strengthening Civility and Democracy
V: Promoting the Common Good
VI: Reinforcing Integrated Knowledge
VII: What the Theorists Say
VIII: Five Stories to Remember
Conclusions
Review Questions
References
Chapter 15 What Can Be Done to Restore Ethics?
Concluding Comments
Reflections and Ethical Lessons to Teach
An Ethical Lesson to Teach Criminal Justice Practitioners
Name Index
Subject Index
- Edition: 5
- Published: October 29, 2010
- Language: English
SS
Sam S. Souryal
Sam S. Souryal is Professor Emeritus of Criminal Justice and former Assistant Dean at the College of Criminal Justice at Sam Houston State University. A former police officer and public manager, Dr. Souryal has taught public administration, organization theory, and police management courses at the University of Wisconsin and Sam Houston State University. He has published numerous books and has been a frequent presenter at the Texas Law Enforcement Management Institute (LEMIT), International Law Enforcement Academy (ILEA), Texas Probation Commission Training, and the American Corrections Association. In 1999, he served as the Representative of the High Commissioner for Human Rights in Indonesia. A multi-lingual educator, Souryal has also lectured in Oxford, Germany, China, Taiwan, Egypt, Saudi Arabia, Yemen, Indonesia, Hungary, Mozambique, Botswana, and East Timor. He has also lectured at the FBI Academy. His continued involvement in both comparative and American criminal justice has earned him national and international recognition.
Affiliations and expertise
Sam Houston State University, Huntsville, TX, USARead Ethics in Criminal Justice on ScienceDirect