Define morals and ethics. In your reading, seven (7) major ethical systems are outlined. Explain and describe each system and give an example of how it may be applied. Whic
Define morals and ethics. In your reading, seven (7) major ethical systems are outlined. Explain and describe each system and give an example of how it may be applied. Which system(s) closely align(s) with Scripture? Please answer in at least 3 – 4 pages, double-spaced, and in a font that is no larger than 12-point. Please document all your sources in APA format, including a title page and reference page. Use your text, Scripture, and outside sources to reinforce your position. Superior presentations typically have 6-8 sources to support your discussion.
Ethical Dilemmas and Decisions in Criminal Justice
Tenth Edition
Chapter 4
Becoming an Ethical Professional
© 2019 Cengage. All rights reserved.
© 2019 Cengage. All rights reserved.
1
Learning Objectives
Describe biological influences on ethical behavior.
Describe psychological theories that attempt to explain individual differences in behavior.
Describe research that addresses work group influences on behavior.
Explain organizational influences on behavior.
Explain the cultural and societal influences on ethical behavior.
© 2019 Cengage. All rights reserved.
Individual Influences
Biological Factors
Behavior depends on an individual’s biological predispositions.
Learning Theories
Behavior depends on the rewards an individual has received.
Modeling Theory
Reinforcement Theory
Kohlberg’s Moral Stage Theory
Emotional, physical, and cognitive development happen in stages
© 2019 Cengage. All rights reserved.
LO 1: Describe biological influences on ethical behavior.
Biological Factors (1 of 2)
Links between brain and predisposition to certain behaviors.
Research focuses on hormones, including oxytocin, serotonin, and testosterone.
Phineas Gage.
Genetic influences continue to be denied.
Oxytocin as “moral molecule.”
Are women more “moral” than men?
© 2019 Cengage. All rights reserved.
LO 1: Describe biological influences on ethical behavior.
Biological Factors (2 of 2)
Frontal lobes of the brain implicated in:
Feelings of empathy
Shame
Moral reasoning
Individuals with frontal-lobe damage may display characteristics related to unethical behaviors.
Research shows moral decision making seems to take place in different areas of brain.
© 2019 Cengage. All rights reserved.
LO 1: Describe biological influences on ethical behavior.
Learning Theory
Premise: All human behavior is learned; therefore, ethics is a function of learning rather than reasoning.
Modeling
Imitating the behavior of others
Parents and other adults provide role models for children through their behavior
Reinforcement
A behavior that is rewarded will be repeated
After enough reinforcement, the behavior becomes permanent
The individual develops values consistent with the behavior (cognitive dissonance)
© 2019 Cengage. All rights reserved.
LO 2: Describe psychological theories that attempt to explain individual differences in behavior.
Kohlberg’s Moral Stage Theory (1 of 3)
Premise: Moral development, like physical growth, occurs in stages.
They involve qualitative differences in modes of thinking, as opposed to quantitative differences.
Each stage forms a structured whole; cognitive development and moral growth are integrated.
Stages form an invariant sequence; no one bypasses any stage, and not all people develop to the higher stages.
Stages are hierarchical integrations.
© 2019 Cengage. All rights reserved.
LO 2: Describe psychological theories that attempt to explain individual differences in behavior.
Kohlberg’s Moral Stage Theory (2 of 3)
Pre-Conventional Level
Approach to moral issues motivated purely by personal interests
Stage 1: Punishment/Obedience Orientation
Stage 2: Instrument/Relativity Orientation
Conventional Level
Approach to moral issues motivated by socialization
Stage 3: Interpersonal Concordance Orientation
Stage 4: Law-and-Order Orientation
© 2019 Cengage. All rights reserved.
LO 2: Describe psychological theories that attempt to explain individual differences in behavior.
Kohlberg’s Moral Stage Theory (3 of 3)
Post-Conventional Level
Approach to moral issues motivated by desire to discover universal good beyond own self or own society.
Stage 5: Social Contract Orientation
Stage 6: Universal Ethical Principles
© 2019 Cengage. All rights reserved.
LO 2: Describe psychological theories that attempt to explain individual differences in behavior.
Workgroup and Organizational Influence (1 of 2)
Individuals sometimes behave in ways that are contrary to their belief systems when exposed to external influences.
Bandura’s mechanisms:
Moral justification
Euphemistic labeling
Advantageous comparison
Displacement of responsibility
Diffusion of responsibility
Disregard or distortion of the consequences
Dehumanization
© 2019 Cengage. All rights reserved.
LO 3: Describe research that addresses work group influences on behavior.
Workgroup and Organizational Influence (2 of 2)
External conditions are not all powerful.
Bounded ethicality: cognitive structuring whereby decisions are interpreted using variables that do not include ethics.
© 2019 Cengage. All rights reserved.
LO 3: Describe research that addresses work group influences on behavior.
Ethical Climate and Organizational Justice
Research explores the ability to measure the “ethical climate” of an organization.
Leadership, reward structure, and organizational messages affect climate.
Three basic ethical orientations:
Egoism
Benevolence
Principle
© 2019 Cengage. All rights reserved.
LO 4: Explain organizational influences on behavior.
Ethics Training
Sarbanes-Oxley Act of 2002
Most professional schools require at least one class in professional ethics
Differences between ethics courses in college environment and training courses offered at organizations
© 2019 Cengage. All rights reserved.
LO 4: Explain organizational influences on behavior.
Leadership
Ethical leaders should:
Create environment conducive to dignified treatment on the job
Increase ethical awareness
Avoid deception and manipulation
Allow for openness and free flow of unclassified information
Foster sense of shared values
Demonstrate obligation to honesty, fairness, and decency
Discuss issue of corruption publicly
© 2019 Cengage. All rights reserved.
LO 4: Explain organizational influences on behavior.
Societal and Cultural Influences
Organizational culture is subject to external influences.
External influences are both objective (e.g., laws and regulations that constrain the organization), and normative (public belief systems).
© 2019 Cengage. All rights reserved.
LO 5: Explain the cultural and societal influences on ethical behavior.
Discussion Questions
Name as many biological factors that may affect ethics as you can. In what ways to these factors affect ethics?
Critique your own moral stage using Kohlberg.
Have you ever used moral justification for an action you knew was wrong? Did you ever tell someone else that you’d done so?
© 2019 Cengage. All rights reserved.
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Ethical Dilemmas and Decisions in Criminal Justice
Tenth Edition
Chapter 3
Justice and Law
© 2019 Cengage. All rights reserved.
© 2019 Cengage. All rights reserved.
1
Learning Objectives
Describe the three themes included in the definition of justice.
Define Aristotle’s distributive and corrective justice.
Distinguish between substantive and procedural justice, including how procedural justice impacts wrongful convictions and perceptions of racial discrimination.
Explain the concept of restorative justice and the programs associated with it.
Describe civil disobedience and when it may be appropriate.
© 2019 Cengage. All rights reserved.
Introduction
Three themes when discussing justice:
Fairness
Equality
Impartiality
© 2019 Cengage. All rights reserved.
LO 1: Describe the three themes included in the definition of justice.
Origins of the Concept of Justice
The concept of justice originates in the Greek word dike, which refers to everything staying in its proper place.
Plato believed justice was achieved by maintaining the social status quo. He classed it as one of the four civic virtues (along with wisdom, temperance, and courage).
Aristotle believed justice was the basis of law, defining it as the unwritten customs of a people that distinguish between what is and is not honorable.
© 2019 Cengage. All rights reserved.
LO 1: Describe the three themes included in the definition of justice.
Distributive Justice (1 of 4)
Justice involves rightful possession of:
Economic goods (income or property)
Opportunities for development (education or citizenship)
Recognition (honor or status)
Since some possessions are scarce, justice requires that goods be distributed using standards of entitlement such as need and desert.
© 2019 Cengage. All rights reserved.
LO 2: Define Aristotle’s distributive and corrective justice.
Distributive Justice (2 of 4)
Various theories can be categorized as:
Egalitarian theories
Marxist theories
Libertarian theories
Utilitarian theories
© 2019 Cengage. All rights reserved.
LO 2: Define Aristotle’s distributive and corrective justice.
Distributive Justice (3 of 4)
Rawl’s theory of justice:
Each person is to have an equal right to the most extensive total system of basic liberties compatible with a similar system of liberty for all.
Social and economic inequalities are to be arranged so that they are both reasonably expected to be to everyone’s advantage and attached to positions and offices open to all.
© 2019 Cengage. All rights reserved.
LO 2: Define Aristotle’s distributive and corrective justice.
Distributive Justice (4 of 4)
Criticisms of Rawls
The veil of ignorance cannot counteract human selfishness and self-interest.
Preferring the least well-off is bad for a society; leads to lack of incentive, decline of standards.
Rawls’s approach to distribution ignores desert and merit.
© 2019 Cengage. All rights reserved.
LO 2: Define Aristotle’s distributive and corrective justice.
Corrective Justice (1 of 4)
Substantive justice: refers to issues of inherent fairness
Retributive justice: balance
Concept of mercy
Sanctuary allows a person respite from punishment within the confines of church grounds.
Utilitarian justice: only supports punishment if it benefits society
© 2019 Cengage. All rights reserved.
LO 3: Distinguish between substantive and procedural justice, including how procedural justice impacts wrongful convictions and perceptions of racial discrimination.
Corrective Justice (2 of 4)
Procedural justice: steps taken to reach determination of guilt or punishment
Herrera v. Collins (1993)
In re Troy Anthony Davis (2009)
Holland v. Florida (2010)
© 2019 Cengage. All rights reserved.
LO 3: Distinguish between substantive and procedural justice, including how procedural justice impacts wrongful convictions and perceptions of racial discrimination.
Corrective Justice (3 of 4)
Procedural Protections
Notice of charges
Neutral hearing body
Right of cross-examination
Right to present evidence
Representation by counsel
Statement of findings
Appeal
© 2019 Cengage. All rights reserved.
LO 3: Distinguish between substantive and procedural justice, including how procedural justice impacts wrongful convictions and perceptions of racial discrimination.
Corrective Justice (4 of 4)
Procedural justice research
Illustrates importance of procedural justice as it affects legitimacy of entire justice system
Elements of procedural justice:
Voice
Neutrality
Respect
Trustworthiness
© 2019 Cengage. All rights reserved.
LO 3: Distinguish between substantive and procedural justice, including how procedural justice impacts wrongful convictions and perceptions of racial discrimination.
Wrongful Convictions (1 of 2)
One reason people distrust justice system
National registry of false convictions created by University of Michigan Law School and Center on Wrongful Convictions at Northwestern University School of Law
Innocence Project
© 2019 Cengage. All rights reserved.
Wrongful Convictions (2 of 2)
Reasons for false convictions
Defense lawyers’ incompetence
Suppression of exculpatory evidence
False/mistaken eyewitness identification
Invalid forensic science
Informant/jailhouse informant perjured testimony
Government misconduct
Bad lawyering
© 2019 Cengage. All rights reserved.
Race, Ethnicity, and Justice
Perceptions of blacks and whites differ regarding the criminal justice system.
Race permeates the criminal justice system.
Disproportional representation of blacks in certain crime categories
Racial profiling by police
Lack of access to competent attorneys
Disparate sentencing
Blacks disproportionately responsible for crime, leads to:
Racial profiling
Saturation patrols
© 2019 Cengage. All rights reserved.
Restorative Justice
Emphasizes compensation over retribution
Returns focus to rights and needs of the victim
Requires restoration of victims, offenders, and communities injured by crime
Integrates victims, offenders, and communities more into the justice process
Leaves government responsible for order, but makes community responsible for peace
© 2019 Cengage. All rights reserved.
LO 4: Explain the concept of restorative justice and the programs associated with it.
Immoral Laws and the Moral Person (1 of 2)
Immoral laws deprive certain groups of liberty or treat some groups differently, giving them either more or fewer rights and privileges than other groups.
Unjust laws have the following characteristics:
They are degrading to humans.
They are discriminatory against certain groups.
They are enacted by unrepresentative authorities.
They are unjustly applied.
Most ethical systems condemn such laws.
© 2019 Cengage. All rights reserved.
LO 5: Describe civil disobedience and when it may be appropriate.
Immoral Laws and the Moral Person (2 of 2)
Civil disobedience: voluntary disobedience of established laws
Milgram experiments
Widespread belief that law is synonymous with morality
© 2019 Cengage. All rights reserved.
LO 5: Describe civil disobedience and when it may be appropriate.
Discussion Questions
How do the Egalitarian, Marxist, Libertarian, and Utilitarian theories apply to the wide disparities in salaries found in the United States? See Box 3.1 for CEO salary examples.
Explain your thoughts on media coverage of police shootings with respect to the race of the shooters. Do media outlets cover incidents differently?
Can you think of a scenario in which restorative justice would not be the best approach? Why?
© 2019 Cengage. All rights reserved.
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