p305_pp08

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p305_pp08

  1. 1. Criminal Justice 2011Class Name,Instructor NameDate, Semester
  2. 2. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedCHRISTIAN BURIAL SPEECH• What are your thoughts on the Christianburial speech?• Were suspect’s rights violated?2
  3. 3. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedCRITICAL THINKINGABOUT THE SPEECH• Was the officer’s appeal to Williams’ consciencesimply a case of good police work?• Does it matter that Williams was mentally ill and easilymanipulated?• Does it matter that the officer violated an agreementor promise not to question Williams during theautomobile ride?• Does it make a difference that the behavior of theofficer ultimately led to success in finding the girl’sbody and, thus, critical evidence?3
  4. 4. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedCONSEQUENTIALISM• Actions are “right” if there are morebeneficial consequences for most• Universal vaccinations to reduce illnessand pain• Consequence: expense of dulledemotions4
  5. 5. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedMEANS TO THE END• What constitutes a “good” or desirableoutcome?• For whom should the outcome be beneficial?• Should we focus on actual consequences?Expected consequences?Intended consequences?• Are consequences really the only thing thatmatters morally?5
  6. 6. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedGOOD & DESIRABLECONSEQUENCES• Utilitarianism - actions are morally rightif they maximize good consequencesand minimize bad consequences• Principle of Utility AKA greatesthappiness principle6
  7. 7. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedGREATEST HAPPINESS PRINCIPLE• Actions are right if they promote happiness• Wrong if they produce unhappiness• The “right” action - happiness for mostpeople• “Eliminates pain for most people”7
  8. 8. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedEGOISM: SELF OR OTHERS• Ethical egoism - moral principle concernedwith consequences of our actions• Utilitarianism - our decisions should producethe greatest happiness for the greatestnumber of people8
  9. 9. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedPLEA BARGAININGUtilitarianism•Community•Prosecution•Defendant•Victims9
  10. 10. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedQUANTITATIVE HEDONISMHEDONISTIC GOODBentham defined “good” as•pleasure•happiness, and•what makes people happy is pleasure10
  11. 11. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedTHE FELICITY CALCULUSAid to moral decision making•Of pleasure•Duration of pleasure•Certainty of pleasure•Proximity of pleasure•Fecundity•Purity•Extent11
  12. 12. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedTHE PROBLEMS WITH UTILITARIANISMOnly one principle applied in all situations3 significant criticisms(1) its requirement that we predict thefuture;(2) its focus on happiness as the onlyconsequence of importance; and(3) its exclusive regard for theconsequences of our actions12
  13. 13. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedCONSEQUENTIALISM :MEANS & ENDS IN POLICING• Consequentialism - ends moreimportant than means• Can the ends of police work ever justifythe use questionable means to achievethem?• Dirty Harry Problem13
  14. 14. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedOTHER CONSIDERATIONS• How certain is the good outcome?• Are dirty means necessary?• Will that action bring about other,unintended outcomes?14
  15. 15. © 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedTYPOLOGY OF INTERROGATORYDECEPTION1. “Interview” versus “interrogate”2. Miranda warnings3. Misrepresenting the seriousness of the offense4. Role-playing: Manipulative appeals toconscience5. Misrepresenting moral seriousness of theoffense6. The use of promises7. Fabricated evidence15

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