0132886391 pp09

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0132886391 pp09

  1. 1. Criminal Justice 2011Class Name,Instructor NameDate, Semester
  2. 2. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedDEONTOLOGICAL ETHICSApproaches to ethics with less importance onconsequencesThree schools of thought1.Kantian Ethics2.Prima Facie Duties3.Rights-Based Ethics2
  3. 3. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedKANT’S IMPERATIVES• A hypothetical imperative is a command thatwe ought to follow if we have certain desiresthat we want to• Categorical imperatives are absolutecommands that we should follow, period• Conditional imperative is a moral principlethat we ought to respect others if we wantthem to respect us3
  4. 4. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedMAXIMS AND UNIVERSAL LAWS• Maxim - a moral rule we adhere to isthe maxim of the act• Universal law - a rule that would befollowed by everyone, all of the time4
  5. 5. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedMORAL DUTIES &ABSOLUTE RULES• KANTIAN ETHICS - our moral duty is to tell thetruth. It provides no guidance in the face ofconflicting duties• Duties - obligations that we must do, bothpositive and negative duties, no matter howwe feel, or how others might be affected• Police have the MORAL duty to tell the truthregardless of the outcomePrima facie duties5
  6. 6. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedTHE ROLE OF PRIMA FACIE DUTIES• AKA Conditional duties• Can be overridden by other duties• A Brief List of Prima Facie Duties (Box9.3)6
  7. 7. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedTYPES OF PRIMA FACIE DUTIES• Duties from own previous acts• Duties issuing from the previous acts of others• Duties from an imbalance betweendistribution of happiness and merit of peopleconcerned• Duties from the notion that there are otherswhose condition we can improve• Duties that are not injuring• Duties stemming from the fact that we canimprove our own condition7
  8. 8. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedNATURAL RIGHTS ETHICSNatural rights refer to the notion that basic guaranteesexist and all people possess them simply by virtue ofbeing human•Negative rights•Positive rights•Legal rights•Moral rights8
  9. 9. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedMORALITY OF LEGAL PUNISHMENT1. Disablement - commonly referred to asincapacitation, prevents future crime by physicallydisabling the offender2. Specific Deterrence - prevents an offender fromcommitting future wrongdoings by instilling in her orhim fear of punitive consequences3. Reform (rehabilitation) - makes a potential offenderafraid to commit them for fear of consequences4. General deterrence - seeks to prevent crime bydeterring people “in general9
  10. 10. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedDEONTOLOGY & CRIMINALPUNISHMENT• Incapacitation - we are using that offender to benefitothers• Deterrence. Philosopher Hegel once wrote, “to basejustification of punishment on threat is to treat a manlike a dog instead of with freedom and respect dueto him as a man”• Rehabilitation can be criticized as an attempt to moldpeople into what we think they should be• Kant - these violate respect for autonomy—we mustrecognize that they are entitled to decide forthemselves what sort of people they wish to be10
  11. 11. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedMANDATORY SENTENCING LAWS• Three-Strikes Law• Are you in favor of this law?11

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