Which of the following is not one of the three types of prison abuse identified by bomse?

Type: Individual Project

Unit: Default

Due Date: Thu, 12/1/16

Deliverable Length: 2 pages

Review Questions

Answer the study questions numbered 1-5 on page 389. (Minimum 2-pages, typed, and double spaced)

STUDY QUESTIONS

1. Describe Bomse’s categories of misconduct.

2. Describe some of the reported instances of misconduct and corruption in prisons.

3. What is PREA, and what has been discovered about the prevalence of prison rape?

4. What management practices were identified as contributing to an ethical workplace?

5. What are the principles of restorative justice? Contrast these with traditional models of justice.

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Ethical Dilemmas and Decisions in Criminal Justice

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7th E D I T I O N

Joycelyn M. Pollock Texas State University—San Marcos

Ethical Dilemmas and Decisions in Criminal Justice

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• vi •

About the Author Joycelyn M. Pollock received her Ph.D. in Criminal Justice at the State University of New York at Albany. She also obtained a J.D. at the University of Houston, and passed the Texas Bar in 1991.

The fi rst edition of Ethics in Crime and Justice: Dilemmas and Decisions was published in 1986 and continues to be one of the leading texts in the field. Dr. Pollock has also pub- lished Crime and Justice in America: An Introduction (2008); Criminal Law, 8th Ed. (2009); Morality Stories, 2nd Ed. (with Michael Braswell and Scott Braswell, 2007); Prisons and Prison Life: Costs and Consequences (2003); Women, Prison and Crime, 2nd Ed. (2002); Sex and Supervision: Guarding Male and Female Inmates (1986); Counseling Women Prisoners

(1999); Criminal Women (2000); Prison: An American Institution, 2nd Ed. (Editor, 2006); and is co- editor with Alida Merlo of Women, Law and Social Control, 2nd Ed. (2004). In addition to publishing these texts, she maintains an active research agenda, primarily in the areas of police ethics and women’s prisons. Most recently she has worked with Barbara Owen, James Wells, and Bernadette Muscat on an NIJ- funded research project exploring the nature of violent victimization in women’s prisons.

In addition to teaching at Texas State University (formerly Southwest Texas State University), Dr. Pollock has delivered training to police offi cers, probation offi cers, parole offi cers, constables, and other groups in the areas of sexual harassment, ethics, criminology, and other subjects. She has taught at the Houston Police Academy and the Bill Blackwood Law Enforcement Management Institute, and has been a guest speaker for the Interna- tional Association of Policewomen, the Texas Juvenile Justice Association, and the South- west Legal Institute, among other groups. In 1998, she was awarded a Fulbright Teaching Fellowship to Turku School of Law in Turku, Finland. She was also a recipient of a Senior Scholar Justice award from the Open Society Institute. She has served as president of the Southwest Association of Criminal Justice and a trustee- at- large for the Academy of Criminal Justice Sciences. In 2007, she was awarded the Bruce Smith Award from ACJS for outstanding contributions to the fi eld of criminology, and in 2008, she was awarded the Distinguished Alumni award from the State University at Albany, School of Criminal Justice.

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T O G R E G A N D E R I C , A S A L W A Y S

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• vii •

Preface | xiv

P A R T I ETHICS AND THE CRIMINAL JUSTICE SYSTEM | 1

C H A P T E R 1 MORALITY, ETHICS, AND HUMAN BEHAVIOR | 3

C H A P T E R 2 DETERMINING MORAL BEHAVIOR | 23

C H A P T E R 3 JUSTICE AND LAW | 51

C H A P T E R 4 BECOMING AN ETHICAL PROFESSIONAL | 75

P A R T I I POLICE | 99

C H A P T E R 5 THE POLICE ROLE IN SOCIETY | 101

C H A P T E R 6 POLICE DISCRETION AND DILEMMAS | 133

C H A P T E R 7 POLICE CORRUPTION AND MISCONDUCT | 173

P A R T I I I LAW | 215

C H A P T E R 8 LAW AND LEGAL PROFESSIONALS | 217

C H A P T E R 9 DISCRETION AND DILEMMAS IN THE LEGAL PROFESSION | 247

C H A P T E R 1 0 ETHICAL MISCONDUCT IN THE COURTS AND RESPONSES | 283

P A R T I V CORRECTIONS | 313

C H A P T E R 1 1 THE ETHICS OF PUNISHMENT AND CORRECTIONS | 315

C H A P T E R 1 2 DISCRETION AND DILEMMAS IN CORRECTIONS | 347

C H A P T E R 1 3 CORRECTIONAL PROFESSIONALS: MISCONDUCT AND RESPONSES | 371

C H A P T E R 1 4 MAKING ETHICAL CHOICES | 391

Glossary | 409

Bibliography | 413

Name Index | 436

Subject Index | 442

Case Index | 449

Brief Contents

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• ix •

Why Study Ethics? 4

Defi ning Terms 8 Morals and Ethics 8 Duties 9 Values 9

Making Moral Judgments 10

Morality and Behavior 13

Analyzing Ethical Dilemmas 14

Conclusion 17

Chapter Review 18

Key Terms 19

Study Questions 19

Writing/Discussion Exercises 19

Ethical Dilemmas 19

Preface xiv

P A R T I ETHICS AND THE CRIMINAL JUSTICE SYSTEM 1

C H A P T E R 1 Morality, Ethics, and Human Behavior 3

Ethical Systems 24

Deontological and Teleological Ethical

Systems 25 Ethical Formalism 26 Utilitarianism 28

Other Ethical Systems 30 Religion 32 Natural Law 35 The Ethics of Virtue 36 The Ethics of Care 38

Egoism: Ethical System or Not? 39

Other Methods of Ethical Decision Making 41

Relativism and Absolutism 42

Toward a Resolution: Situational Ethics 44

Resulting Concerns 45

Conclusion 46

Chapter Review 47

Key Terms 48

Study Questions 48

Writing/Discussion Exercises 48

Ethical Dilemmas 49

C H A P T E R 2 Determining Moral Behavior 23

Origins of the Concept of Justice 53

DIstributive Justice 54

Corrective Justice 58 Substantive Justice 59 Procedural Justice 62

Immoral Laws and the Moral Person 64

Restorative Justice 68

Conclusion 71

Chapter Review 71

Key Terms 72

Study Questions 72

Writing/Discussion Exercises 72

Ethical Dilemmas 73

C H A P T E R 3 Justice and Law 51

Contents

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x C O N T E N T S

C H A P T E R 4 Becoming an Ethical Professional 75

Theories of Moral Development 78 Biological Factors 78 Learning Theory 80 Kohlberg’s Moral Stage Theory 82

Ethics Teaching/Ethics Training 85

Leadership and the Ethical Organization 88

The Criminal Justice Professional 90 Avoiding Cynicism and Burnout 94

Conclusion 94

Chapter Review 95

Key Terms 96

Study Questions 96

Writing/Discussion Exercises 97

Ethical Dilemmas 97

P A R T I I POLICE 99

C H A P T E R 5 The Police Role in Society 101

Crime Fighter or Public Servant? 102 Crime Fighter 102 Public Servant 103 History of Policing: From Public Servant

to Crime Fighter 104 Future of Policing: The End of Community

Policing? 107 Power and Discretion 108

Discretion and Duty 110 Formal Ethics for Police Offi cers 112

The Law Enforcement Code of Ethics 113 The Police Subculture 114

Themes and Value Systems 115 The Cop Code 116

Police Culture and “Noble Cause” 117 Police Culture and the Blue Curtain

of Secrecy 119 Police Culture Today 124

Crime Fighter and Public Servant? 127

Conclusion 129

Chapter Review 130

Key Terms 131

Study Questions 131

Writing/Discussion Exercises 131

Ethical Dilemmas 131

C H A P T E R 6 Police Discretion and Dilemmas 133

Discretion and Discrimination 134 Racial Profi ling 138

Discretion and Criminal Investigations 141 Proactive Investigations 141 Reactive Investigations 150

Discretion and the Use of Force 157 Use of Tasers (CEDs) 161 Culture of Force 163 Excessive Force 164 Deadly Force 166

Conclusion 168

Chapter Review 169

Key Terms 170

Study Questions 170

Writing/Discussion Exercises 170

Ethical Dilemmas 170

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C O N T E N T S xi

Ethical Issues for Defense Attorneys 248 Responsibility to the Client 249 Confl icts of Interest 251 Zealous Defense 252 Confi dentiality 253

Ethical Issues for Prosecutors 258 Use of Discretion 258 Confl icts of Interest 261 Plea Bargaining 263 Media Relations 264 Expert Witnesses 266 Zealous Prosecution 271

Ethical Issues for Judges 273 Use of Discretion 274

Conclusion 278

Chapter Review 278

Key Terms 279

Study Questions 279

Writing/Discussion Exercises 279

Ethical Dilemmas 280

C H A P T E R 9 Discretion and Dilemmas in the Legal Profession 247

A Worldwide Problem 175 International Measures of Corruption 176

Types of Corruption 178 Gratuities 180 Professional Courtesy 184 On- Duty Use of Drugs and Alcohol 186 Graft 187 Sexual Misconduct 187 Criminal Cops 190

Explanations of Deviance 195 Individual Explanations 197 Organizational Explanations 200 Societal Explanations 202

Reducing Police Corruption 203 “Rotten Apple” Responses 204 “Rotten Barrel” Responses 207 New York 210 Los Angeles 210 The Scandal 211

Conclusion 211

Chapter Review 212

Key Terms 212

Study Questions 213

Writing/Discussion Exercises 213

Ethical Dilemmas 213

C H A P T E R 7 Police Corruption and Misconduct 173

P A R T I I I LAW 215

C H A P T E R 8 Law and Legal Professionals 217

The Role of Law 219

Justifi cations for Law 221 Preventing Harm to Others 221 Preventing Offensive Behavior 221 Preventing Harm to Self (Legal

Paternalism) 222 Preventing Harm to Societal Morals (Legal

Moralism) 223 Paradigms of Law 224

The Consensus Paradigm 225 The Confl ict Paradigm 226 The Pluralist Paradigm 228

Law and the Legal Professional 230

Legal Agent or Moral Agent? 233

Ethics for Legal Professionals 236 Ethical Guidelines for Judges 240

Culture and Ethics 240

Conclusion 242

Chapter Review 242

Key Terms 244

Study Questions 244

Writing/Discussion Exercises 244

Ethical Dilemmas 244

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xi i C O N T E N T S

C H A P T E R 1 2 Discretion and Dilemmas in Corrections 347

Correctional Offi cers 348 Relationships with Inmates 350 Use of Force 353 Maintaining Morality in Prison 355 Jail Offi cers 355

Treatment Staff 357

Probation and Parole Offi cers 361 Caseload Supervision 363 Parole 364 Avoiding Burnout and Disillusionment 365

Conclusion 367

Chapter Review 367

Key Terms 368

Study Questions 368

Writing/Discussion Exercises 368

Ethical Dilemmas 369

First, Let’s Kill All the Lawyers 284

Ethical Misconduct 286 Defense Attorney Misconduct 287 Prosecutorial Misconduct 288 Judicial Misconduct 292

Justice on Trial? 295

Explanations for Misconduct 300

Responding to Misconduct 301

Judicial Independence and the Constitution 305 Judicial Activism 307

Conclusion 309

Chapter Review 310

Key Terms 310

Study Questions 311

Writing/Discussion Exercises 311

Ethical Dilemmas 311

C H A P T E R 1 0 Ethical Misconduct in the Courts and Responses 283

P A R T I V CORRECTIONS 313

C H A P T E R 1 1 The Ethics of Punishment and Corrections 315

Rationales for Punishment and

Corrections 317 Retribution 318 Prevention 320

Ethical Frameworks for Corrections 324 Utilitarianism 324 Ethical Formalism 325 Ethics of Care 326 Rawlsian Ethics 326

Punishments 327 Supermax Prisons 329 Private Prisons 330 Capital Punishment 332 Community Corrections 334

Formal Ethics for Correctional

Professionals 335

Occupational Subcultures in Corrections 337 The Correctional Offi cer Subculture 338 Treatment Professionals 341 The Probation/Parole Offi cer

Subculture 341 Conclusion 342

Chapter Review 342

Key Terms 343

Study Questions 344

Writing/Discussion Exercises 344

Ethical Dilemmas 344

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C O N T E N T S xi i i

Just Wars and Just Means 391 The Response to 9/11 394

Crime Control versus Rights -Based Law

Enforcement 401

Ethical Dilemmas and Decisions 404

Conclusion 406

Chapter Review 407

Key Terms 407

Study Questions 407

Writing/Discussion Exercises 408

Ethical Dilemmas 408

C H A P T E R 1 4 Making Ethical Choices 391

Misconduct and Corruption 372 Treatment Professionals 380 Corruption in the Community 380

Explanations for Misconduct 381

Responses to Corruption? 382 Restorative Justice 385

Conclusion 388

Chapter Review 388

Key Term 389

Study Questions 389

Writing/Discussion Exercises 389

Ethical Dilemmas 389

C H A P T E R 1 3 Correctional Professionals: Misconduct and Responses 371

Glossary 409

Bibliography 413

Name Index 436

Subject Index 442

Case Index 449

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• xiv •

The fi rst edition of this book was published in 1986, when there were very few texts for a course covering criminal justice ethics. Over the many years and editions, the book has been shaped by current events, reviewers’ comments, and the many individuals who have read the book and provided feedback. I want to thank each and every person who has con- tacted me through e- mail, letters, or personally at conferences. I welcome and appreciate all feedback. Please continue to let me know what you think and help me make the book better and more accurate.

This text provides a balance between the philosophical material necessary to ana- lyze ethical dilemmas and a discussion of research and current events relevant to ethics in the criminal justice fi eld. While balancing philosophical background and current issues, Ethical Dilemmas and Decisions in Criminal Justice remains a highly applied text in that the major focus is on how individuals perceive and resolve ethical dilemmas. The book is de- signed to be used in undergraduate criminal justice ethics courses; however, it would not be inappropriate for a graduate level course as well. It has also been used in law enforce- ment training academies.

One of the central features of this book is the inclusion of current news events to show that these are not simply “ivory tower” discussions. In this edition, some of the news sto- ries are continuing to unfold as the book goes to press; therefore, instructors will need to update these stories. In addition to real- life examples of misconduct, the book discusses the effects of misconduct, academic research, and the ethical implications of various pol- icy issues in criminal justice. The book also identifi es themes, such as discretion and due process, that run through the entire criminal justice system.

I N T H I S E D I T I O N In this edition, I have reworked the chapters to provide a more organized and symmetri- cal presentation of each of the sub- areas of criminal justice (police, courts, corrections). In response to reviewers’ requests, there are now 14 chapters—a better fi t for most classes today. Even more important, there are also fewer introductory chapters, so students get to the more concrete, applied material sooner; the book’s section on law enforcement profes- sionals, for instance, now starts with Chapter 5 instead of Chapter 7.

As noted, there are three chapters each allocated to law enforcement profession- als, legal professionals, and correctional professionals. These chapters follow the same general organization with the first chapter presenting general background issues relevant to that professional field (i.e., the role of law enforcement in Chapter 5, the function of law in Chapter 8, and the rationale for corrections in Chapter 11). Also included in each of the first chapters is a discussion of the formal codes of ethics, and a discussion of the occupational subculture and how it may conflict with the formal code of ethics. The second chapter in each set discusses issues that create dilemmas for the professional (i.e., use of the taser in Chapter 6, attorney–client privilege in Chapter 9, and the tension between treatment and custody in Chapter 12). Echoing the title of the book, there are several highlighted dilemmas in these chapters that

Preface

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P R E F A C E xv

receive an extended analysis. The third chapter in each set of three provides defini- tions and examples of misconduct (i.e., the latest police scandals in cities such as Tulsa and Philadelphia in Chapter 7, the prosecutorial misconduct in the Ted Ste- vens case in Chapter 10, and the indictments of correctional officers affiliated with criminal gangs in Baltimore in Chapter 13). Also included in these chapters are the explanations for and suggestions on how to reduce misconduct in each professional field. As in the 6th edition, the final chapter uses the war on terror as a backdrop to discuss ethical reasoning, concluding with some final thoughts on how to resolve ethical dilemmas.

F E A T U R E S

There are several boxed features found in Ethical Dilemmas and Decisions in Criminal Jus- tice, 7th Edition, which highlight and provide real- world examples of key concepts and issues.

IN THE NEWS This feature has been present since the earliest editions of this book. Each chapter presents news items that relate to the discussion. In every edition, some of the news stories are kept, but most are cycled out to make room for current events. Examples include:

Pact with the Devil?

Conduct Unbecoming?

In His Heart, There Is Forgiveness

QUOTE AND QUERY Another long- time feature of the book, the quote and query boxes offer some classic and current quotes meant to illustrate a point or issue from the chapter’s discussion. There is a query following the quote that spurs the reader to think about the quote in the context of the discussion.

POLICY These boxes provide an overview of a current debate as well as a discussion centered on the law, policy, and ethics of the topic. Many of these topics have foreshad- owed changes in the law or new developments, such as the policy box offered in the last edition on racial profi ling, which has been updated to include a discussion of Arizona’s new law requiring police offi cers to investigate the citizenship of anyone they have reason- able cause to believe is an illegal alien. Examples include:

The Future of Affi rmative Action