Why Study Ethics?

GreggU

26 Nov 201808:23

Summary

TLDRThe video script delves into the ethical responsibilities of professionals within the criminal justice system, highlighting the significant discretion they possess. It covers the roles of legislators, police, prosecutors, defense attorneys, judges, and correctional officers, emphasizing their duty to uphold the law fairly and protect constitutional safeguards. The importance of ethics in decision-making, especially concerning life, liberty, and property, is underscored, advocating for ethical training to equip these professionals with the necessary skills to navigate the moral complexities of their roles.

Takeaways

📜 Discretion in Criminal Justice: Professionals in the criminal justice system, from legislators to correctional officers, have varying degrees of discretion, which is the power to make decisions between multiple choices.
🏛️ Legislators' Authority: Legislators have the power to define acts as illegal and set punishments, often driven by public safety or moral definitions.
🚔 Police Discretion: Police officers have significant discretionary power, including the ability to arrest, investigate, and in some cases, use lethal force.
🔍 Prosecutorial Discretion: Prosecutors have wide-ranging discretion in deciding whom to prosecute, which charges to pursue, and whether to seek the death penalty.
👩‍⚖️ Defense Attorneys' Duties: Defense attorneys have ethical duties similar to prosecutors but also unique responsibilities to their clients, such as deciding on plea deals and evidence presentation.
👨‍⚖️ Judicial Power: Judges have considerable power in accepting or denying plea bargains, ruling on evidence, and determining sentencing.
🛡️ Correctional Officers' Influence: Correctional officers and parole officers have immense discretion over the lives of citizens, affecting their liberty and well-being.
🏛️ Duty to Enforce Law: All professionals in the criminal justice system have a fundamental duty to uphold and enforce the law, serving as public servants.
👥 Public Servants' Ethical Standards: As public servants, these professionals are held to higher ethical standards, reflecting the public trust placed in them.
🧐 Importance of Ethics: Ethics is crucial for criminal justice professionals to administer policy effectively and make morally and ethically responsible decisions.
🤔 Ethical Dilemmas: Criminal justice professionals face ethical dilemmas involving discretion, force, and due process, requiring them to make informed moral judgments.

Q & A

What is the definition of discretion in the context of the criminal justice system?
-Discretion in the context of the criminal justice system refers to the authority to make a decision between two or more choices, especially when decisions are not entirely bound by legal rules or policy regulations.
Why is ethics important for legislators who write laws?
-Ethics is important for legislators because they have the power to define certain acts as illegal and set the amount of punishment, which requires a strong grounding in ethics to ensure public safety and moral definitions are applied responsibly.
How does the discretionary power of police officers affect the public?
-Police officers have the power to deprive people of their liberty through arrest and decide which individuals to investigate, which can greatly affect the public when they choose to give a warning instead of a traffic ticket, for example.
What ethical duty do prosecutors have in the criminal justice system?
-Prosecutors have an ethical duty to pursue justice rather than merely securing a conviction, which means their discretion in deciding whom and how to prosecute should be influenced by the goal of justice.
What are the unique duties of defense attorneys in comparison to prosecutors?
-Defense attorneys have ethical duties similar to prosecutors but also have unique duties to their clients, such as deciding whether to encourage a plea deal, what evidence to use, and how to try the case.
What powers do judges typically have in the criminal justice system?
-Judges possess significant power, which is typically employed through decisions to deny or accept plea bargains, rulings on rules of evidence, and decisions about sentencing.
How do correctional officers' decisions impact the lives of prisoners?
-Correctional officers have immense power over the lives of citizens, making daily decisions that affect the life and health of prisoners they supervise, including decisions on punishment and segregation.
What is the role of parole officers in the criminal justice system?
-Parole officers decide when to file a violation report and make decisions that affect the parolee as well as their family members, demonstrating a significant discretion over the lives of those they control.
What does the phrase 'we are a nation of laws not men' imply about the legal system?
-The phrase implies that no one is above the law, regardless of power, and that the law should be applied fairly without taking the law into one's own hands, emphasizing the importance of constitutional safeguards like due process and equal protection.
Why is the study of ethics important for criminal justice professionals?
-The study of ethics is important for criminal justice professionals because it helps develop critical thinking and analytical skills needed to understand and navigate the ethical aspects of their work, including decisions involving discretion, force, and due process.
What ethical considerations are essential for criminal justice research?
-Ethical considerations essential for criminal justice research include recognizing the potential for abuse of power, ensuring fairness and unbiased application of the law, and upholding the principles of due process and equal protection.

Outlines

00:00

👮‍♂️ Discretion and Ethics in Criminal Justice

This paragraph discusses the varying degrees of discretion and authority within the criminal justice system, from lawmakers to prison officials. It highlights the importance of ethics in decision-making, especially when legal rules do not strictly dictate actions. The paragraph emphasizes the duty of these professionals to uphold the law and protect constitutional safeguards such as due process and equal protection. It also touches on the unique responsibilities of different roles, including legislators, police officers, prosecutors, defense attorneys, judges, and correctional officers, and how their decisions can impact life, liberty, and property.

05:00

🏛 Public Servants and Ethical Considerations

The second paragraph focuses on the role of public servants within the criminal justice system, including their special duties and the public trust they hold. It underscores the significance of ethics in the professional conduct of these individuals, who are often in positions of power and authority. The paragraph also discusses the importance of ethical training for criminal justice professionals to develop critical thinking and analytical skills. It points out that ethical considerations are central to decisions involving discretion, force, and due process, and that professionals must be sensitive to ethical issues and equipped to resolve ethical dilemmas. The paragraph concludes by emphasizing the unique involvement of criminal justice in coercion and the need for professionals to be aware of and responsive to ethical concerns in their work.

Mindmap

Keywords

💡Criminal Justice System

The criminal justice system refers to the set of institutions and processes involved in the administration of criminal law. In the video, it is highlighted as a complex structure that includes legislators, law enforcement, prosecutors, judges, and correctional officers, each with varying degrees of discretion and authority. The script discusses how these professionals impact the lives of individuals through their decisions and actions within the system.

💡Discretion

Discretion in the context of the video is the authority to make decisions between two or more choices within the criminal justice system. It is a key concept because it emphasizes the power professionals have to interpret and apply the law, as illustrated by legislators defining punishable acts, police officers deciding whom to arrest, and prosecutors choosing which cases to pursue.

💡Legislators

Legislators are individuals who write and pass laws. They have the power to criminalize certain behaviors and set punishments. The script mentions that legislators use both public safety and moral definitions to decide which behaviors should be illegal, thus playing a foundational role in shaping the criminal justice system.

💡Police Officers

Police officers are law enforcement agents who enforce the laws created by legislators. They have significant discretionary power, such as deciding whether to issue a warning or a traffic ticket, whom to investigate, and when to use lethal force. The script underscores their role as guardians of the law, with constitutional protections in place to prevent abuse of power.

💡Prosecutors

Prosecutors are legal professionals who decide how to charge individuals accused of crimes and present cases to courts. The script points out that they have a great deal of discretion in choosing which charges to pursue, which cases to take to a grand jury, and even whether to seek the death penalty, highlighting the ethical duty to pursue justice over convictions.

💡Defense Attorneys

Defense attorneys represent individuals accused of crimes. They have ethical duties similar to prosecutors but also unique responsibilities to their clients, such as deciding whether to encourage a plea deal or how to present evidence in court. The script discusses their role in protecting the rights of the accused and ensuring a fair trial.

💡Judges

Judges hold the power to make decisions that affect the legal proceedings, including accepting or denying plea bargains, ruling on evidence, and determining sentencing. The video emphasizes their role in overseeing the justice process and ensuring that the law is applied fairly and consistently.

💡Correctional Officers

Correctional officers supervise individuals who are in prison or on probation. They have the authority to affect an individual's life significantly, such as awarding or taking away good time and deciding on punishments like segregation. The script discusses their daily decisions and the impact on the life and health of prisoners.

💡Public Servants

Public servants are individuals who work in roles that serve the public interest, such as legislators, police officers, judges, and prosecutors. The video script highlights their special duties and the public trust placed in them, emphasizing the importance of ethical behavior and adherence to the law.

💡Due Process

Due process is a legal principle that ensures fairness and protects individuals from arbitrary or unlawful use of power by the government. The script explains that due process is a cornerstone of the legal system, ensuring that everyone has certain protections against government actions that could deprive them of life, liberty, or property.

💡Equal Protection

Equal protection is a constitutional principle that mandates the government to treat all individuals equally under the law, regardless of personal characteristics such as race, gender, nationality, or religion. The video script discusses the ideal of equal protection as an essential element of the legal system, even though evidence of different treatment exists.

💡Ethics

Ethics in the context of the video refers to the moral principles and values that guide the behavior of professionals within the criminal justice system. The script stresses the importance of ethics training for criminal justice professionals to develop critical thinking and analytical skills, enabling them to make informed and morally responsible decisions.

Highlights

Discretion in the criminal justice system is the authority to make decisions between choices, which is crucial due to the varying degrees of power professionals have.

Legislators have the power to define acts as illegal and set punishments, often based on public safety or moral definitions.

Police officers possess significant discretionary power, including the ability to arrest and use lethal force, and are constitutionally protected from unlimited power.

Prosecutors have discretion in deciding whom to prosecute and how, which can sometimes be influenced by factors beyond justice.

Defense attorneys have unique duties to their clients, including deciding on plea deals and the approach to presenting a case.

Judges wield considerable power through decisions on plea bargains, evidence rules, and sentencing.

Correctional officers have immense power over citizens' lives, affecting liberty through decisions on good time and segregation.

Parole officers' decisions can impact both the parolee and their family members, highlighting the far-reaching consequences of their discretion.

Criminal justice professionals share common elements of discretion, power over others, and the potential deprivation of life, liberty, or property.

The duty of enforcing the law is a fundamental responsibility for all professionals in the criminal justice system.

The principle that no one is above the law and that the law must be fairly and unbiasedly applied is central to the legal system.

Due process and equal protection are constitutional safeguards that protect individuals from arbitrary use of power by the government.

Ethics is vital for criminal justice professionals, as it helps develop critical thinking and analytical skills necessary for understanding ethical aspects.

Ethical considerations are central to decisions involving discretion, force, and due process, requiring professionals to make enlightened moral judgments.

Criminal justice professionals are public servants with special duties to the public, necessitating higher standards of conduct.

Studying ethics sensitizes students to ethical issues and provides tools to help identify and resolve ethical dilemmas in their professional lives.

Ethical issues for justice system professionals include relationships with citizens, their agency, and each other, emphasizing the importance of ethical conduct.