Criminal Justice Ethics

Why worry about whether the CJ system is moral? What can we learn from moral philosophy about CJ ethics? Does the CJ system have special moral demands? What about the CJ system is subject to moral evaluation?

The Criminal Justice System What are the elements of the CJ System?

The Criminal Justice System What are the elements of the CJ System? – Courts – Police – Prisons – Laws Laws the system enforces Laws that determine what the CJ system can do to enforce laws –Constitutional Laws or Principles –Place limits on government –Search and Seizure, Due Process, Trial By Jury, etc.

Morality What is morality?

Morality – The standards of rightness and goodness by which we judge human behavior. Fairness Non-Malevolence Tolerance Truthfulness Others

Ethics And Morality How do we distinguish between ethics and morality? Morality: The standards of rightness and goodness by which we judge human behavior.

Ethics And Morality Ethics has two special meanings. The philosophical study of morality, the search for principles that justify the moral standards that we seek to apply. Moral standards that are appropriate to particular occupations.

Criminal Justice Ethics – The study of whether and how criminal justice is moral.

Morality In The CJ System How is the CJ system similar to crime?

CJ System Morality How is the CJ system is similar to crime? – Both use force to compel compliance. – Every CJ punishment would be a crime if applied by one citizen to another.

CJ System Morality How can it be right for the CJ system to do what criminals do? Why are acts done in conformity to the law right when the same acts done in violation of the law are wrong?

CJ System Morality Why are acts done in conformity to the law right when the same acts done in violation of the law are wrong? Law itself is not enough to make wrong acts or practices right.

CJ System Morality Law itself is not enough to make wrong acts or practices right. – Only morality can distinguish the state’s force as right from the criminal’s force as wrong. – Only by being moral can criminal justice be distinguished from the crime it condemns.

CJ System Morality What do we mean when we say, “Morality accounts for the obligation we have to comply with the authority of criminal justice.”

CJ System Morality What do we mean when we say, “Morality accounts for the obligation we have to comply with the authority of criminal justice.” Morality is what makes it right, not mere might.

CJ System Morality What if morality means only the standards that some people accept at some time? – Slavery – Apartheid

CJ System Morality What if morality means only the standards that some people accept at some time? – Slavery – Apartheid The morality we seek is more than people’s actual beliefs.

Moving From Morality To Ethics People’s actual beliefs are not enough. The “more” that is needed moves us from morality to ethics. – Movement from accepted standards to the reflection on and justification of standards.

Moving From Morality To Ethics What makes the difference between might and right? What makes the difference between crime and criminal justice?

Moving From Morality To Ethics What makes the difference between might and right? What makes the difference between crime and criminal justice? – A morality worthy of acceptance.

Moving From Morality To Ethics A morality worthy of acceptance. This morality is rationally justifiable. It is called ethics.

Moral Philosophy Lessons What is the meaning of the concept of morality?

Moral Philosophy Lessons What is the meaning of the concept of morality? – A neutral standard of goodness. – Standards of behavior that are good in ways that are neutral among people, and – In ways that reasonable people can understand.

Moral Philosophy Lessons Morality is not private. Morality is accessible to all people. It must be to expect them to be moral.

Relativism What is relativism?

Relativism – The idea that there are no generally valid or binding moral standards.

Refuting Relativism The answer to relativism is showing that some moral standards are valid on the basis of reason. Virtually all cultures and people agree on some issues of right and wrong. – The Golden Rule – Murder – Stealing

Refuting Relativism Three Main Approaches – Finding something widely accepted as good – Finding something that can be defended as appropriate to human nature – Finding something that can oblige people to make the sacrifices morality demands

Proving Morality Is Natural These three approaches yield five categories. – Consequentialism – Virtue Ethics – Communitarianism – Deontological Ethics – Contractarianism

Break Read assignments. Participate in class discussions. Review notes weekly.