Criminal Justice 2011Class Name,Instructor NameDate, Semester
© 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedBASIC FRAMEWORK FORMULAFa...
© 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedA BASIC APPROACH1. Examin...
© 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedMORAL CRITERIA• Consequen...
© 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedMORAL CRITERIA• When Good...
© 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedEVALUATING CONSEQUENCESEa...
© 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedMAKING DECISIONS• Decidin...
© 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedSCENARIOS FOR DISCUSSIONT...
© 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedNEW FACULTY MEMBERSuppose...
© 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedNEW FACULTY MEMBER1. Shou...
© 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedNEW FACULTY MEMBER5. Are ...
© 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedSOBRIETY CHECKPOINTS• Law...
© 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedSOBRIETY CHECKPOINTS1. Fo...
© 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedCRIMINAL DEFENSE ATTORNEY...
© 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedCRIMINAL DEFENSE ATTORNEY...
© 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedEXCESSIVE FORCE• John Doe...
© 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedEXCESSIVE FORCE1. From a ...
© 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedBABYSITTER• In January of...
© 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedBABYSITTER1. What relatio...
© 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedJURY NULLIFICATION• Jury ...
© 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedJURY NULLIFICATION1. Empl...
© 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedWHITE COLLAR• In some cas...
© 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedWHITE COLLAR1. Utilizing ...
© 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedSON OF SAM• Following the...
© 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedSON OF SAM1. With moral c...
© 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedDRUG RESEARCH• A chemistr...
© 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedDRUG RESEARCH1. What mora...
© 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedHOMELESS MAN• Police have...
© 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedHOMELESS MAN1. How might ...
© 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedUNDERCOVER POLICE• Underc...
© 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedUNDERCOVER POLICE1. Relyi...
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  • Numbers correspond with criteria on next slide.
  • pp. 222-223 Moral Criteria Though we have dedicated a section of this chapter to each of the following criteria, the basic moral concerns we will utilize for making ethical decisions can be summarized as follows: CONSEQUENCES AND GOODS While the notion of “goods” can apply to all things morally desirable, in this context we mean those goods that are produced by our decisions and actions. Goods in this sense include happiness, well-being, and flourishing; relief of pain and suffering; as well as conditions, laws, policies, etc., that serve to promote or protect these goods (e.g., equality, security). Concern with moral goods is a concern with the consequences of our decisions and actions. DUTIES AND PRINCIPLES While the term “principles” is (like that of “goods”) broad, we use it here to refer to morally relevant duties, rights, and obligations , including concerns for honesty, fairness, justice, respect for ourselves and others, and other duties and obligations that stem from general moral rules or principles. VIRTUES are morally desirable traits of character. The term “virtues” is used to refer to dispositions toward honesty, compassion, forgiveness, etc., as well as the avoidance of vicious dispositions such as selfishness, greed, and envy. Actions in accordance with these dispositions tend to be honest, fair, just, etc., and tend to produce good consequences.
  • Deciding with duties means first determining what duties, rights, principles, and/or obligations apply to a given issue or situation. 1. What are the facts of the issue or details of the situation? 2. What alternative courses of action exist? 3. What duties or obligations apply to the issue or situation? 4. Which decision or course of action is most in keeping with relevant duties, obligations, rights, and principles that have been identified? p.238. Deciding with Consequences means predicting the likely consequences of different decisions or courses of actions and choosing that which produces the greatest balance of good over bad.
  • SCENARIOS FOR FURTHER THOUGHT found on pages 239-242.
  • p305_pp12

    1. 1. Criminal Justice 2011Class Name,Instructor NameDate, Semester
    2. 2. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedBASIC FRAMEWORK FORMULAFacts of the Issue or Situation (1 & 2)+Moral Criteria (e.g., goods, principles, virtues) (3) =Practical Conclusion (good decisions, actions) (4)2
    3. 3. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedA BASIC APPROACH1. Examine the facts and circumstances of thesituation2. Determine alternatives3. Identify relevant and desirable moral criteria4. Determine which alternative is consistent withthe criteria identified3
    4. 4. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedMORAL CRITERIA• Consequences and goods• Duties and principles• Virtues4
    5. 5. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedMORAL CRITERIA• When Goods CollideBasic Goods Outweigh Secondary GoodsIntrinsic Goods Outweigh Instrumental Goods• When Duties and Obligations CollideDetermine which of the competing duties ismore importantIt may be less clear which duty or obligationis primary• When Moral Criteria Collide5
    6. 6. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedEVALUATING CONSEQUENCESEach of these dimensions carries moral significance•Predictable or unpredictable•Intended or unintended•Immediate or long-term•Minor or major•Physical, emotional, financial•Obvious or subtle•Consequential to large numbers of people, or to asfew as one6
    7. 7. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedMAKING DECISIONS• Deciding with Duties• Deciding with Consequences• Deciding with Virtue• Deciding with Care7
    8. 8. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedSCENARIOS FOR DISCUSSIONThe following slides contain scenarios for classdiscussions8
    9. 9. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedNEW FACULTY MEMBERSuppose that the criminal justice department ofa local university consists of two male facultymembers and six female faculty members. Witha new faculty position open for the upcomingyear, the chair of the department would like tohire a male to help offset the dominant femalevoice of the department9
    10. 10. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedNEW FACULTY MEMBER1. Should the chair’s freedom to hire whomevershe/he chooses outweigh interests of equalopportunity and nondiscrimination?2. What rights and duties are at issue?3. Which alternative demonstrates respect forlegal and moral rights?4. What are the relevant obligations to thedepartment? The students? The applicants?10
    11. 11. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedNEW FACULTY MEMBER5. Are we treating everyone involved withrespect and dignity?6. If we hire a male, are we exploiting him(using him) as a means only?7. What course of action could we take will thatall other chairs in similar situations wouldtake?8. Can you think of other questions or concernsthat might be relevant from a Kantianperspective?11
    12. 12. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedSOBRIETY CHECKPOINTS• Law enforcement agencies often set up sobrietycheckpoints on major roadways and highways—especially on weekends, holidays, and other timeswhen people are more likely to be drinking. In theory,checkpoints can get unsafe drivers off of the road, aswell as deter would-be drunk drivers from getting onthe roads. At the same time, some argue thatcheckpoints are not only inconveniences, but seriousinfringements on privacy rights.12
    13. 13. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedSOBRIETY CHECKPOINTS1. For all affected, what goods come ofcheckpoints?2. For all affected, what harms come of them?3. Are there long-term consequences?4. Are there indirect or unintendedconsequences?5. Do the overall good or beneficial effectsoutweigh the overall harm caused bysobriety checkpoints?13
    14. 14. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedCRIMINAL DEFENSE ATTORNEYS• Criminal defense attorneys are sometimes placed inthe difficult situation of defending a client whom theyknow to be guilty of a serious crime. Utilitarian ethicsmight encourage us to consider the consequences ofvigorously defending—to the point of acquittal—a“guilty” defendant. Duty-based ethics might drawattention to the defendant’s legal rights and theattorney’s relevant duties and obligations to thatclient.• Notwithstanding these concerns, how might virtueethics inform an attorney’s decisions and actions insuch a situation?14
    15. 15. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedCRIMINAL DEFENSE ATTORNEYS1. What character traits would we want in an “ideal”defense attorney?2. Are attorneys likely to fall victim to negative emotionsthat would hinder their performance?3. An attorney’s legal duties notwithstanding, is it insome sense dishonest to refrain from revealinginformation that is pertinent to a case?4. To what degree are the following virtues desirable inthis context: compassion, honesty, loyalty, mercy,non-harm, respect, integrity, and tolerance?5. How would these traits materialize in the attorney’sdecisions and actions?15
    16. 16. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedEXCESSIVE FORCE• John Doe attempted to resist arrest for possessing illegalsubstances and for carrying a concealed weapon withouta permit. In an effort to contain/control him, he wasseriously beaten by six police officers—ultimately resultingin permanent brain damage. The officers claimed that theuse of brutal force, which occurred before Mr. Doe wastaken into custody, was necessary.16
    17. 17. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedEXCESSIVE FORCE1. From a utilitarian perspective, on what grounds couldwe claim that the use of force in this and similarsituations is justified?2. From a Kantian perspective, are there grounds onwhich we could claim that excessive force was notjustified?17
    18. 18. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedBABYSITTER• In January of 2009, a four-year-old Ohio boy retrieveda shotgun from the closet of his home, returned to theliving room, and proceeded to shoot his eighteen-year-old babysitter (who was not seriously injured inthe incident). According to reports, the child wasangry that the babysitter had stepped on his foot.Following the incident, local prosecutors had no plansto charge the boy with a crime, but were consideringcharges against the parents.• Utilizing a care approach, how might we resolve thissituation in a way that takes into consideration theunderlying relationships and the needs of the boy, hisfamily, the babysitter, the babysitter’s family, etc.?18
    19. 19. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedBABYSITTER1. What relationships have been damaged?2. How has each person involved beenaffected by the situation and what doeseach need from the situation?3. Would a care approach justify treating theboy as a delinquent?4. Criminal charges against the boy’s parents?5. A restorative approach?19
    20. 20. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedJURY NULLIFICATION• Jury nullification occurs when the jury returns a verdictof “not guilty” despite evidence that the defendant islegally guilty of the crime for which she or he ischarged. In effect, the jury determines that theexisting law is immoral or has been wrongfully appliedin a particular instance. Jurors may, for instance,refuse to find a defendant guilty of a “mercy killing,”despite overwhelming evidence that the killingviolated the expressed purpose of the law.20
    21. 21. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedJURY NULLIFICATION1. Employing utilitarian, Kantian, or virtue ethicalperspectives, on what grounds could we claim thatthe practice of jury nullification in a given case ismorally justified? Morally unjustified?21
    22. 22. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedWHITE COLLAR• In some cases, persons convicted of white-collar or corporate offenses receive lightersentences relative to those convicted of streetcrimes. Someone who is convicted ofembezzling 1 million dollars may receive alighter sentence than someone convicted ofstealing 200 dollars in a liquor store robbery; acorporation which markets unsafe products,resulting in hundreds of injuries, illnesses,and/or deaths, may be punished less severelythan a person who seriously injures or kills oneperson in a street fight.22
    23. 23. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedWHITE COLLAR1. Utilizing utilitarian, Kantian, and virtue ethicalframeworks, are there any grounds on whichwe can morally justify more lenient sentencesfor white-collar offenses?2. Are there any grounds on which we couldmorally justify harsher sentences?23
    24. 24. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedSON OF SAM• Following the arrest and conviction of serial killerDavid Berkowitz, the state of New York implementedwhat are often called “Son of Sam” provisions.Recognizing that Berkowitz could have profitedsubstantially from selling the rights to his story, the “Sonof Sam” provisions allowed for the confiscation of anyroyalties that criminals might earn as a result of theircrimes. The money, in principle, would then go towardhelping the victims and their families.24
    25. 25. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedSON OF SAM1. With moral considerations in mind, on what groundscan we justify appropriating monies that criminals (ornon-criminals) earn from writing books, selling mediarights, selling personal items, or other means?25
    26. 26. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedDRUG RESEARCH• A chemistry professor at a major SoutheasternUniversity conducts research on the ways in whichdrugs interact with the brain. Much of his research hasfocused on illegal substances and involves, in part,creating new compounds that resemble current drugsof abuse. His colleagues in academia are not the onlyones paying attention to his published research. Infact, makers of designer drugs have been known touse his research to produce new street drugs. Ahandful of new designer drugs have hit the street as aresult of his publications, and several deaths haveeven been linked to substances produced byamateur chemists based on his research.26
    27. 27. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedDRUG RESEARCH1. What moral issues arise from the professor’s research?2. To whom does the professor owe duties?3. What duties?4. How might we assess the issue of free exchange ofscientific information if we were to assume aconsequentialist stance on this matter?27
    28. 28. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedHOMELESS MAN• Police have received a complaint from communityresidents about what the residents describe as ahomeless man sleeping on a bench in the local park.As far as anyone knows, the man has not harmedanyone and does not appear to pose an immediatethreat. There is a local law prohibiting people fromsleeping in public, and the fact that a complaint hasbeen received suggests that residents are at leastuncomfortable about the situation. Upon speakingwith the man, police learn that he is simply very tired,has no permanent residence and no money for amotel room, and no other place to go. He pleads forpolice to give him just a couple of hours of rest andpromises he will then be on his way.28
    29. 29. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedHOMELESS MAN1. How might a utilitarian approach resolve this issue?2. What moral duties might be relevant?3. How might an ethic of care approach this matterdifferently?4. What alternatives might allow for compromise andaccommodation of the needs of everyone?29
    30. 30. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedUNDERCOVER POLICE• Undercover police work necessarily requires thatofficers of the law participate in activities thatwould, under most circumstances, be deemedillegal. For example, police have been noted totransport drugs into prisons, launder drug money,fence stolen goods, and print counterfeit money.These and many other examples involve lawenforcement officers’ willingly and knowinglyengaging in behaviors that are legally prohibitedfor the sake of gathering evidence against othercriminals. Except in cases in which officer behaviorgoes well beyond what is necessary for their role,they are immune from prosecution.30
    31. 31. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedUNDERCOVER POLICE1. Relying on one or more of the normative theoriesoutlined in the text and above, what moral issues arepresented by undercover police work?2. Do the ends justify the means?3. Where might we draw the line between moral andimmoral?31

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