Ethical Dilemmas and Decisions in Criminal Justice
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What is Noble-Cause corruption?
- Bad acts that are done for a good end.
- Examples: Testilying, magic pencil, dropsy testimony.
- An example of an utilitarian viewpoint.
What is the "magic pencil"?
When an officer makes up facts on an affidavit to justify a warrant or to establish P. C. for arrest.
What are the three types of lies, according to Barker and Carter?
- Accepted lies- used during undercover investigations.
- Tolerated lies- "necessary evils" (lying about selective enforcement).
- Deviant lies- used in a courtroom to make a case or cover up wrongdoing.
What is entrapment?
When an otherwise innocent person commits an illegal act because of police encouragement or enticement.
According to Schoeman, the strongest ethical argument against undercover officers having intimate relationships with suspects comes from an ethics of care perspective.
Marx has criticized undercover operations for what eight reasons?
- 1) They may generate a market for the purchase or sale of illegal goods and services.
- 2) They may generate the idea for the crime.
- 3) They may generate the motive.
- 4) They may provide a missing resource.
- 5) They may entail coercion or intimidation of a person otherwise not predisposed to commit the offense.
- 6) They may generate a covert opportunity structure for illegal actions on the part of the undercover agent or informant.
- 7) They may lead to retaliatory violence against informers.
- 8) They may stimulate a veriety of crimes on part of those who are not targets of the undercover operation (for example, impersonation of a police officer, crimes against undercover officers).
How is loyalty explained in police work?
- An "internal moral argument" for not reporting unethical behavior of other officer.
- Police depend on one another.
- Refers to a preference for one group over another.
What is integrity testing?
An undercover sting operation which involves a "set-up" of police officers to test their integrity.
What is the current souce for evaluating attorney misconduct?
- Model Rules of professional responsibility.
- This covers client-lawyer relationships, the lawyer as a counselor, the lawyer as advocate...
Public perceptions of lawyers (three)?
- The public distrust of lawyers can be traced back to ancient Greek philosophes.
- 1980's banking scandal vs. 1990's Clinton-Monica Lewinsky investigation.
- 60% of lawyers polled (who practiced for 6 - 9 years) were dissatisfied with their jobs.
Will a lawyer that sees theirself as a legal agent break the rules?
What are the three attorney-client relationships?
- 1) Legal agent- The belief that loyalty to one's client surpresses individual and private morality.
- 2) Special relationships- The loyalty to the client presents a special relationship between client and lawyer.
- 3) Moral agent- May refuse to pursue a client's wish to pursue a particular legal tactic if they didn't believe in it.
What is attorney-client privilage?
- An attorney can not disclose confidential information regarding his or her client.
- The client must be able to expect and receive the full and complete assistance of his or her lawyer.
What are the exceptions to the confidentially rule?
- 1) Client consent.
- 2) Court order.
- 3) Defense against an accusation of wrongful conduct.
- 4) To prevent reasonably certain death or substantial bodily harm.
- 5) To prevent the client from committing a crime or fraud that is reasonably certain to result in substantial injury to the financial interests or property of another and the lawyer's services have been used to accomplish that end.
List three examples of conflicts of interest.
- A company that is a rival to one in which the attorney has an interest.
- Co-defendants in a criminal case.
- Two lawyers from a single firm representing clients with conflicting intrests.
What is the prosecutor's office policy that is governing decision making?
- Legal sufficiency- cases not strong enough to support further action.
- System efficiency- efficiency and accountablility are the goals.
- Defendant rehabilitation- focus is on diversion and rehabilitation.
- Trial sufficiency- charges which can be sustained through trial.
According to the American Bar Association, no statement should be given involving any of the follwoing topics:
- The character or reputationof the suspect.
- Identity of a witness.
- Expected testimony of a party or witness.
- Performance or results of any test or examination.
- Refusal of any party to submit to such tests or examinations.
- Identity or nature of physical evidence.
- Inadmissible information.
- Possibility of a guilty plea.
- Existence or contents of a confession or an admission.
- Defendant's refusal to make a statement.
- Opinion about the guilt or innocence of the defendant or suspect.
- Statement that the defendant has been charged with a crime unless it is in the context that a charge does not mean the party is guilty.
What are some of the rules that are violated when there is prosecutorial misconduct?
- Communications with defendants.
- Ex parte communications with the judge.
- Duty to correct false testimony.
- Failure to disclose evidence.
What are the three types of retribution according to Mackie?
- Negative retribution- dictates that one who is not guilty must not be punished for a crime.
- Positive retribution- demands that one who is guilty ought to be punished.
- Permissive retribution- allows that one who is guilty may be punished.
What is Positivists?
Saw criminal acts as symptons of underlying pathology.
What is a determinate sentencing?
The time period of punishment is fixed at the point of sentencing. Determined by the serioussenss of the crime.
The just deserts model is consistent with the determinate model?
What are the three common justifications for punishment under prevention?
- 1) Deterrence
- 2) Incapacitation
- 3) Treatment
What is specific deterrence and general deterrence?
- Specific deterrence- what is done to one person to discourage them from committing more crimes.
- General deterrence- what is done to an offender to prevent others from commiting future crimes.
What is selective incapacitation?
- A policy of incarcerating certain individuals for longer periods of time than other criminals.
- Example is CA three strikes law.
What is Utilitarianism?
An ethical system which is used to support preventing crime using deterrence, incapacitation and treatment. It is teleological.
What is ethical formalism?
Supports a retributive view of punishment. It is deontological.
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