Criminal Justice Roles & Ethics

• Professionals in the criminal justice system have varying roles but share the common traits of discretion, authority, and power.
• The greater the role discretion plays in a profession, the more critical it is to have a strong ethical foundation.
• Legislators can define illegal acts and punishments, often citing public safety or moral reasons, but must respect constitutional limits.
• Legislators' decisions to criminalize behaviors and judges' assessments of lawfulness are covered in Chapters 3 and 8.
• Legislators may be perceived as unethically swayed by lobbyists and personal interests.
• Jack Abramoff, a former lobbyist, was imprisoned for bribing legislators; in 2020, he was charged with violating a law amended due to his actions.
• Police are granted discretionary power through laws and can issue warnings for offenses like traffic tickets.
• Police can deprive individuals of their freedom via arrest, decide whom to investigate, and determine when force is warranted, a power subject to scrutiny.
• Chapters 5, 6, and 7 explore using discretion ethically by law enforcement.
• Prosecutors have significant but often unseen discretion in deciding whom and how to prosecute, including charge selection, grand jury referrals, and seeking the death penalty.
• Prosecutors should pursue justice and not be influenced by politics.
• Defense attorneys have ethical duties to their clients and also obligations as officers of the court.
• Defense attorneys decide whether to take a case, advise clients on plea deals, determine the use of evidence, and suggest appeals.
• Judges wield significant power in accepting plea bargains, ruling on evidence, and sentencing, with the Supreme Court holding the most power.
• The Supreme Court resolves legality questions, even without social consensus, such as in Obergefell v. Hodges (2015), which legalized same-sex marriage nationwide.
• The power to nominate and appoint Supreme Court Justices is highly politicized due to their influence on social issues.
• Chapters 8, 9, and 10 addresses ethical issues for legal professionals.
• Correctional officials have substantial authority over incarcerated individuals.
• Probation officers impact prison sentences with recommendations, prison officials can grant or revoke "good time" and impose segregation, affecting individual liberty.
• Correctional officers make daily decisions affecting prisoners' lives, while parole officials decide on violation reports impacting parolees and families.
• Ethical issues faced by correctional professionals are discussed in Chapters 11, 12, and 13.
• Criminal justice professionals share common elements as they have discretion, enforce laws, protect constitutional safeguards, and are public servants.
• All criminal justice professionals have the power to make decisions, and all decisions potentially deprive people of life, liberty and property.
• Each has a duty to enforce the law.
• Each must respect the constitutional safeguards that are the cornerstone of our legal system, specifically due process and equal protection.
• Their salaries are paid from public funds.
• These professionals must uphold all laws and constitutional protections like due process and equal protection, ensuring fair and unbiased treatment.
• As public servants, criminal justice professionals are held to higher standards, facing temptations and potential double standards.
• The Josephson Institute identifies ethical principles for public servants: public service, objective judgment, accountability, democratic leadership, and respectability.

Public Corruption

• Transparency International ranks countries by perceived public official corruption; Scandinavian countries are consistently among the least corrupt.
• In 2019, the least corrupt included Denmark (87), New Zealand (86), Finland (85), Singapore (85), and Sweden (85).
• In 2016, Canada ranked 9th (82 score) and the United Kingdom ranked 12th (81 score), both dropping to 12th in 2019.
• The U.S. ranked 18th (74 score) in 2016 and fell to 23rd (69 score) in 2019.
• Most corrupt countries include Somalia (9), South Sudan (12), and Venezuela (16) in 2019.
• President Trump's business interests raised conflict of interest concerns, with the Emoluments Clause designed to prevent officials from benefiting personally through their office.
• The Emoluments Clause in Article I of the Constitution prohibits officials from accepting gifts or emoluments from foreign states without Congressional consent.
• CREW filed a lawsuit alleging Emolument Clause violations related to foreign governments renting space in Trump properties.
• The case's status is pending after being reinstated by the Second Circuit Court of Appeals.
• Public servants using their office for personal gain is a recurring issue.
• Ethical dilemmas in the justice system occur in relationships with citizens, agencies, and colleagues.

Areas of Ethical Concern

• Public/Clients: Sexual exploitation, bribery, rudeness, racial discrimination, negligence.
• Agency/Organization: Overtime fraud, theft, rule-breaking, low work ethic.
• Peers/Coworkers: Sexual/racial harassment, cover-ups, retaliation, gossip, taking undue credit.
• Studying ethics helps criminal justice professionals recognize and address ethical dilemmas, promoting critical thinking.
• Ignoring ethics can lead to a "slippery slope" of harmful behaviors and moral crises.

Summary Points

• Ethics study is essential because coercion is uniquely involved in criminal justice, creating many chances for abusing power.
• Study of ethics is essential as criminal justice pros are public servants.
• The study helps in sensitizing students to ethical issues and help to resolve the dilemmas they may face in their professional lives.