Name:

Institution:

Contents

Introduction. 2

Discretion. 3

Law Enforcement Duty. 4

Public Service and Constitutional Protections. 4

Challenges Facing Ethical Leaders. 5

Conclusion. 6

References. 7

Ethical Issues Associated with Today’s Criminal Justice System

Introduction

In today’s criminal justice system, ethics cover the broad issues of morality and conduct. In this regard, the fundamental institutions of the penal justice that come to mind include correctional facilities, courts, and the police. Some of the problems encountered within these organizations include judicial corruption, prisoner rights, and use-of-force policies. On the other hand, the criminal justice ethics may deal with issues arising from conduct promoted at the institutional level, examples of which include the independence of the judicial department, overcrowding of correctional facilities, and police discretion places. They might also include problems that practitioners in the criminal justice face in the course of their work such as professional ethics(Kleinig, 1996). Examples of key aspects of professional ethics include legal defense tactics that can be considered ad hominem, objection to different policing approaches, and relationships with inmates.

ORDER CRIMINAL JUSTICE PAPER NOW

Moreover, ethics in criminal justice may include other issues pegged on the fundamental nature of the system, limitations provided by the criminal law, and interpretations of the origin and nature of criminality. Other domains that may give rise to ethical issues in the criminal justice department include problems concerning impartiality, punishment, loyalty, human rights, and ends-and-means considerations. Evidently, many controversies exist regarding ethical issues in the criminal justice system because of contradictory interpretations regarding what is right and wrong (Kleinig, 1996). All in all, it is almost impossible to extensively exhaust all ethical issues though most of them overlap. By examining and analyzing the main ethical issues that face the modern criminal justice systems, one can understand the challenges faced by ethical leaders when dealing with subjects like effective policing, public trust, race relations, and overall fairness, and ways of dealing with them. To examine these issues, this paper will focus on four aspects: discretion, law enforcement duty, public service and constitutional protections, and challenges facing ethical leaders in the criminal justice system.

Discretion

Discretion constitutes lawfully made decisions rather than those made for illegal purposes. It can only be practiced if the practitioners are fully authorized by the institutions to undertake the decision-making processes and must operate under the stipulated guidelines and expectations (Kleinig, 1996). Logically, there is no such thing as illegal discretion, only a decision to practice an illegal activity. Nonetheless, it should be noted that those decisions that fail to achieve the desired outcomes but were made for the right reasons and in good faith are still considered as discretionary. 

Meanwhile, the relationship between the police department and the public relies highly on ethical discretion and is critical in the functioning of the unit. Discretion in the police department might differ significantly from that in the military department because of the nature of these different environments. For example, in the police unit, junior patrol officers may have more discretionary powers than chief constables since the former are the ones in the field where most of the decisions take place(Kleinig, 1996). On the other hand, a military general has more discretion compared to the junior soldiers. Thus, police units allow more discretion even at the lowest levels of administration, and even the most junior officer can at least exercise some discretionary powers.  

Moreover, discretion is an ethical issue that is believed to promote professionalism in the criminal justice system. Within the context of law enforcement, professionalism offers autonomous discretionary powers to police officers and the freedom to make decisions within their areas of operation. If police managers take discretionary powers from those below them on grounds of accountability, then the level of professionalism is bound to fall. The absence of discretion would imply that the institution is left to the hands of a selected few, thus, promoting unethical leadership. Therefore, it should be noted that professionalism cannot be separated from discretion in the criminal justice systems as the two go hand in hand. Nonetheless, unethical use of discretion may arise among operational police officers if no controls are put in place(Kleinig, 1996). The abundance of discretionary powers among the officers may have adverse effects including fabrication of evidence, biased summarization of statements based, poor handling of exhibits, and guilt seeking, and failure to explore cases to establish the truth.

Law Enforcement Duty

Another ethical issue facing the criminal justice system is the duty to enforce the law. It constitutes the protection of the societal freedoms and rights and provision of security to the public. Some of the principles that law enforcement personnel should adhere to while executing their roles and duties include merit, impartiality, justice, transparency, and accountability. All the duties of law enforcement units must be carried out with respect to these principles in order to maintain competence and merit(Monahan, 1980). The duty to enforce the law has to be coupled with the ethical considerations so that the system remains within the constraints of the regulations of the constitution and to ensure that there is equity and balance in all situations.

Public Service and Constitutional Protections

Those in the criminal justice system are civil servants; thus, it is their obligation to serve citizens with integrity and ethical standards. They should also provide equal protection to all members of society regardless of class and status. Additionally, constitutional provisions regarding the due process should be strictly adhered to. One ethical theory that would be entirely applicable to the service of the public is John Stuart Mill’s utilitarianism, which promotes the axiom:“the end justifies the means” (Monahan, 1980). Proponents of this philosophy assert that it promotes the greatest good for the greatest number of people. Thus, practitioners in the criminal justice system should endeavor to provide the greatest good for the greatest number of individuals by serving the public ethically and upholding moral standards.

Challenges Facing Ethical Leaders

Ethical leaders face many problems in the course of conducting their duties. It has been difficult for leaders in the criminal justice system to operate smoothly without facing challenges like human trafficking, gangs, and terrorism. Therefore, it has become imperative for them to act strategically and come up with extensive solutions and recommendations that would help them combat these challenges effectively. One of the major challenges is the high prevalence of the crime cycle and drug abuse (Kleinig, 1996). There has been a vicious cycle of crime promoted by these behaviors since many criminals are drug addicts who seek money to buy more drugs. Still, under the issue of drugs,a unique challenge is whether decriminalizing them is advantageous or detrimental to society.

Another challenge that the leaders face is race and allegations of favoritism. Most officers in the criminal justice systems often find themselves on the receiving end whenever the public raises accusations about racial segregation against law enforcement. Dealing with race relations has never been an easy task since it is difficult to convince the public that a decision has been made fairly whenever parties from different races are concerned. Since everybody seems to watch similar cases to establish whether there was racism or not, criminal justice officers should handle such cases with integrity and equity to ensure that no red flags are raised. (Monahan, 1980). Violence against women has also continued to be a threatening challenge to the criminal justice system. Thus, stricter policies and regulations should be adopted in dealing with cases of women violence.

Finally, criminal justice officers continue to grapple with the challenge of low trust from the public. The police unit is the most affected because most citizens feel that most the police officers are out to harass them rather than protect and offer security to them(Kleinig, 1996). Dealing with lost trust from the public can be a daunting task and often little can be achieved from any efforts advanced.

Conclusion

All in all, the paper has analyzed the main ethical issues that confront the modern criminal justice system and the challenges faced by moral leaders when dealing with issues like effective policing, public trust, race relations, and overall fairness. All professions in the criminal justice system should rely on ethical standards as fundamental guidelines towards ensuring that their conduct as officers of the law is acceptable. The application of the law is only complete when it is done in an ethical manner. Ethical behavior governs the way the practitioners interact with their colleagues, law-breakers, and other parties involved in the system. Thus, it affects the interpretation of the law by officers and their ultimate decisions.

References

Kleinig, J. (1996). Handled with Discretion: Ethical issues in police decision making. Boston, MA: Rowman & Littlefield.

Monahan, J. E. (1980). Who is the client? The ethics of psychological intervention in the Criminal Justice System. New York, NY: American Psychological Association.