Everyday Ethics for the Criminal Justice Professional

Transcription

1 Everyday Ethics for the Criminal Justice Professional

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3 Everyday Ethics for the Criminal Justice Professional Second Edition Kelly Cheeseman Claudia San Miguel Durant Frantzen Lisa Nored Carolina Academic Press Durham, North Carolina

4 Copyright 2016 Carolina Academic Press All Rights Reserved Library of Congress Cataloging-in-Publication Data Cheeseman, Kelly. Everyday ethics for the criminal justice professional / Kelly Cheeseman, Claudia San Miguel, Durant Frantzen, and Lisa Nored. -- Second Edition. pages cm Includes bibliographical references and index. ISBN (alk. paper) 1. Criminal justice, Administration of--moral and ethical aspects. 2. Law enforcement--moral and ethical aspects. 3. Criminal justice personnel--professional ethics. I. San Miguel, Claudia. II. Title. HV7419.C '.3--dc Carolina Academic Press 700 Kent Street Durham, North Carolina Telephone (919) Fax (919) Printed in the United States of America

5 In Memoriam: Kelly Cheeseman Dr. Kelly Cheeseman will be fondly remembered as an energetic champion of criminal justice. Kelly was devoted to her discipline and her students. She was a talented classroom instructor, avid researcher and faithful colleague. She was always sensitive to the bridge between the academy and the profession and sought to find the appropriate balance between the two in her research, teaching and service. Kelly is missed dearly among those of us who were fortunate enough to work with her. This book was one of her cherished projects, and we are honored to continue with a new edition in her memory.

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7 Contents Acknowledgments xiii 1 An Introduction to Everyday Ethics in Criminal Justice 3 Introduction 3 What Is Ethics? 6 References 13 2 The Theory Behind the Practice: The Origins of Thought on Ethics and Its Relationship to the CJ Professional 15 Introduction 15 A Glimpse at Ethical Perspectives 16 Basis of Ethical Principles in Criminal Justice 21 The U.S. Constitution 21 Ethical Codes 23 Punishment and Ethics: How Our Personal Philosophy Impacts Our Daily Practice 24 Retribution 26 Deterrence 30 Incapacitation 31 Rehabilitation 32 Conclusion 34 References 34 3 Ethics and the Evolution of Police 37 Introduction 37 Evolution of American Police Systems and Practices 38 Eras of Policing and Ethical Principles 40 The Political Era 40 The Reform Era 42 The Community Policing Era 47 Does Community Policing Create Ethical Dilemmas in Policing? 50 Conclusion 53 Scenarios 54 References 55 vii

8 viii CONTENTS 4 Ethics and Police Work 59 Introduction 59 Police Work 60 Learning Ethics 62 The Values-Learned Perspective 62 Learning to Justify Unethical Conduct 69 Rewards and Punishments 70 Rational Choice Perspective of Learning Behavior 72 Predispositional Perspective 76 The Noble Cause: What Really Happens 77 Is It Too Late to Change? 78 Conclusion 82 Scenarios 83 References 85 5 Officers of the Court: Ethical Responsibilities of a Lawyer 89 Introduction 89 Responsibilities of a Zealous Advocate 90 Duty of Competence 91 Duty of Diligence 94 Duty to Communicate 95 Confidentiality 97 Conflicts of Interest 100 Lawyers as Witnesses 104 Representing Individuals Accused of Crimes 105 Candor with the Court 106 Duty to Provide Effective Representation 108 Conflict of Interests in Criminal Cases 109 Trial Publicity 109 Public Communication 109 Lawyers as Authors 111 The Cost of Legal Representation 112 Types of Fees 112 Written Fee Agreements 113 Indigent Clients 115 The Unauthorized Practice of Law 117 Abuse of Power and Privilege: When Lawyers Cross the Line 118 Bribery 118 Misuse of Client Property 119 Conclusion 121

9 CONTENTS ix Scenarios 121 References Prosecutors and Judges: Ethical Responsibilities of Public Servants 125 Introduction 125 Ethical Issues and Judges 126 Integrity and Independence of the Judiciary 126 The Duty to Judge 128 Judicial Discretion 129 Judicial Decorum and Conduct 130 Ex Parte Communications 131 Recusal and Disqualification 131 Judges as Witnesses 133 Extra-Judicial and Political Activities of Judges 134 Practice of Law 134 Speech 135 Political Activities 135 Items of Value 136 Ethical Issues and Prosecutors 137 Prosecutorial Discretion: Minister of Justice vs. Advocate 137 Interaction with Unrepresented and Represented Individuals 139 Duty to Disclose Exculpatory Evidence 141 Duty of Full Disclosure to Grand Jury 142 Dissemination of Information to the Public 143 Use of Agents to Avoid Ethical Obligations and Limitations 144 Conclusion 146 Scenarios 146 References Correctional Institutions: Ethics in Prisons and Jails 151 Introduction 151 The Institutional Environment 152 The Building/Facility 153 Prison Design 153 Facility Location 154 Custody Level 154 Correctional Staff 156 Non-Custodial Staff/Personnel and Volunteers 157 Correctional Officers 160 Offender Management 161 Training 161

10 x CONTENTS Managing Offenders 162 The Correctional Officer Subculture: Influences on Ethical Behavior 165 Gender and Ethics in Corrections: Cross-Gender Supervision and Beyond 167 Women Supervising Male Offenders 168 Men Supervising Women 170 Inmates 173 Personality of Inmates 173 Inmate Subculture/Code 175 Avoiding Offender Manipulation 176 Conclusion 184 Scenarios 185 References Ethics in Probation, Parole, and Community Corrections 191 Introduction 191 The Personnel of Community Corrections 194 The Probation and Parole Officer Subculture 196 Fulfilling the Dual Roles: An Ethical Challenge for Probation Officers 198 Supervision in the Community 204 Community Corrections and Caseload Supervision 207 Corruption 210 Conclusion 212 Scenarios 212 References 213 Appendix A: Conditions of Probation and Parole Ethics in Security and Loss Prevention 223 Introduction 223 Privatization and Public Service 224 Establishing a Culture of Ethical Behavior 225 Loss Prevention and Retail Security: General Duties 227 Shoplifter Apprehensions 229 Use of Force Against Shoplifters 230 The Ethics of Interviewing and Interrogation 232 Common Pitfalls in Lie Detection 232 Ethics and the Use of Closed-Circuit Television 236 Conclusion 238 Scenarios 239 References 240

11 CONTENTS xi 10 Ethics and the Criminal Justice Supervisor 243 Introduction 243 Commissions on Police Deviance 244 Leadership and Ethics 244 Discretion 247 Official Misconduct and Civil Liability 251 Abuse of Authority Laws 253 Police Misconduct 255 Sexual Harassment 257 Accepting Gratuities 257 Mismanagement of Criminal Justice Organizations 258 Probation and Parole Officer Misconduct 260 Prison Culture and Correctional Supervisors 263 Ethical Pitfalls for Correctional Supervisors 265 Conclusion 266 Scenarios 266 Police Supervisor 266 Correctional Supervisor 268 References Ethics and Fighting Terrorism 271 Introduction 271 Defining Terrorism 272 Ethical Issues in Policing Terrorism 272 Interrogation Practices 275 Interrogation Practices Abroad 277 Police-Corrections Partnerships 278 Preventative Detention: A Tool to Fight Terrorism 279 The Prosecution of Terrorists 281 Substantive Law and Prosecutorial Discretion 281 The U.S.A. Patriot Act 282 Conclusion 284 Scenarios 285 References Ethics and Unique/Emerging Issues in Criminal Justice 289 Introduction 289 Mental Illness 290 Sex Offenders 296 HIV/AIDS 299 Prison Rape 302

12 xii CONTENTS Conclusion 305 References Ethics and Forensic Science 307 Introduction 307 Forensic Science Associations and Organizations 308 Professional Standards: A Call for Action and Integration 310 Who Do I Work For? Scientific Integrity 312 Professional Qualifications and Experience 313 Expert Witnesses and the Objectivity Requirement 314 Qualification as an Expert Witness 316 Expert Opinions 317 Court-Appointed Experts 319 Wrongful Convictions 321 Conclusion 324 Scenarios 324 References 326 About the Authors 327 Index 329

13 Acknowledgments Lisa S. Nored would like to thank her co-authors for their hard work and the opportunity to collaborate on this project with such talented scholars. She would also like to thank her husband, Deron, and her children, Hunter, Holden, Hayden, and Hayes for their continued patience and support. Claudia San Miguel would like to thank her husband, Fructuoso San Miguel, III for his patience, love, encouragement, and continued support. Durant Frantzen would like to thank his wife, Lana Frantzen, and his two sons Cole and Chad for giving him the inspiration, love, and fortitude to achieve his goals. xiii

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