CHAPTER 1 Morality Ethics and Human Behavior Lecture

CHAPTER 1 Morality, Ethics, and Human Behavior Lecture slides prepared by Lisa J. Taylor

Opening Dilemma #1 • You are patrolling late at night and see a car weaving back and forth. You turn on your siren and the car pulls over. The driver is obviously intoxicated. He also happens to be your father; relative; police officer; politician, etc. • What would you do?

Opening Dilemma #2 • You are a correctional officer working late- night. Your Sgt. and another officer from the day shift come onto the tire where you are working and ask you to open up an inmate’s cell. After you do you hear grunts, cries, and moans. They leave muttering about teaching the inmate a lesson. You say nothing and find that the incident was never reported. If you report it you believe you will be ostracized. You may lose your job. What would you do?

Opening Dilemma #3 • You are an intern in a criminal defense lawyer’s office. During the course of your job you conclude that the lawyer, in your opinion, is extremely negligent. She does not return client’s call, misses appeal deadlines, and ignores or does not follow up on promising leads that might lead to exculpatory evidence. Several clients are advised to plead guilty though evidence is weak. She has said she believes all her clients are guilty anyway….

Why Study Ethics? § Ethical issues exist in all areas of criminal justice system (from passage of laws to punishment) § Learning how to determine the “right thing to do” is critical § Criminal justice professionals have varying degrees of discretion, authority, and power § Criminal justice professionals encounter a multitude of situations in which they must make choices that affect people’s lives

discretion The power and authority to make a choice between two or more options. Legislators: in making laws and determining punishment Police: in enforcing laws Attorneys and Judges: affecting justice process Correctional Professionals: affecting offenders lives

What do criminal justice professionals have in common? q power to make decisions q duty to enforce the law q obligation to provide “due process” and “equal protection” for all q commitment to “public service”

The Most Corrupt Members of Congress, 2011 Allegations • 19 members of congress were corrupt • 14 members violated the law or engaged in serious misconduct • 5 lack regarded for rules

Ethical Demands on Public Servants (Edwin Delattre) • Wisdom • Good character • Balanced perception • Integrity (habits of justice, temperance, courage, compassion, honesty, fortitude, and disdain for self-pity)

Principles of Public Service Ethics 1. 2. 3. 4. 5. Public Service • Treating the office as a public trust Objective Judgment • Free from conflict of interest Accountability • Open decision making Democratic Leadership • Letter/spirit of the law Respectability • Avoiding appearance of impropriety SOURCE: Adapted from Josephson Institute of Ethics, Preserving the Public Trust, available through www. josephsoninstitute. org

Goals of the study of ethics -Braswell • Become aware of and open to ethical issues • Begin developing critical thinking skills • Become more personally responsible • Understand coercive element of the justice system • Develop wholesight (the ability to explore with one’s heart as well as one’s mind)

We Study Ethics… • Because criminal justice is uniquely involved in coercion (there are many and varied opportunities to abuse power). • Because all criminal justice professionals are public servants and, thus, owe special duties to the public they serve. • To sensitize students to ethical issues and provide tools to help identify and resolve dilemmas they may face in lives.

Defining Terms morals The judgment of behavior as right or wrong. • The term “moral” is often used as an adjective to describe a person’s actions. ethics The study and analysis of what constitutes good or bad conduct. • The term “ethics is often used as an adjective to refer to behaviors relating to a profession (Example: Hippocratic Oath for physicians). * The two words are often used interchangeably.

Why Are Certain Behaviors Considered Criminal? • Public safety is usually the reason given • In other cases, morality is used for determining which behaviors should be illegal (Examples: Drugs, gambling, prostitution, and same-sex marriage) • How do legislators use their discretion to balance the rights of ALL people?

• Currently eight states allow same-sex marriage • How do legislators Same. Sex Marriage Example determine what “the right thing to do” is? • What do you think legislators should do? Why? • Does your state permit same -sex marriage?

Defining Terms meta-ethics Technical investigation of the meaning of ethical terms, as well as how ethical statements can be verified. normative ethics Definition of right conduct and moral duties. applied ethics Application of ethical principles to specific issues or fields. professional ethics Examination of the behavior of certain professional groups.

Defining Terms duties Moral obligations that one must carry out to be considered ethical. supererogatory An act that goes beyond duty and is not required to be considered good or moral. imperfect duties General obligation with no specific acts.

• Served as sheriff in Noble County, Ohio for 36 years • Convicted of a felony count of unlawful Sheriff Landon T. Smith 2009 interest in a public contract and a misdemeanor count of conflict of interest (for nepotism and using prisoners to perform labor at his properties) • How did he fare in the local court of public opinion ? • What ethical violations did he commit?

values Criteria of desirability, worth, or importance. • Honesty • Health • Family • Financial success • Beauty What else are values? Are some more important than others?

20 Value vs. Factual Judgements • Factual Judgements: • “He is lying. ” • “It is raining. ” • Value Judgements: • “She is a good woman. ” • “That was a wonderful day. ”

• Honesty • Sense of urgency • Attention to detail • Team oriented Example of Agency Values: Core Values of the Ohio State Highway Patrol • Professionalism • Adaptability • Self-discipline • Performance driven • Officer Safety

To be judged moral or immoral, behavior must involve: human acts of free will affecting others.

• 2007 • Convicted for conspiracy in an • Michael Vick • • interstate dog-fighting operation 70 dogs involved Pled guilty and received 21 months in federal prison After his release, signed by Philadelphia Eagles Was his behavior ethical? Discuss different views

Inventory of Ethical Issues Individual or Other Employees ü backstabbing and lack of support ü gossip ü sexual or racial harassment ü lying to cover up blame ü taking credit for others’ work ü sexual or racial harassment

Organization and Employees ü sexual or racial harassment by supervisors ü discouraging honest criticism or feedback ü arbitrary or unfair decisions ü inadequate compensation ü inadequate training ü unrealistic or inappropriate demands ü putting employees in unnecessary danger

• Judge is accused of creating an uncomfortable work environment for a female court employee. • Allegations unfolded after judge Cass County Judge Accused of Sexual Harassment - 2012 expressed negative issues regarding the victim's performance. • The Supreme Court says it legally could not charge the judge, as he is an elected official and not an employee. • What ethics did he violate?

By the Individual and Organization üwork ethic (day’s work for a day’s pay) üpetty theft of supplies or cash üovertime abuse ügifts and gratuities üfalsifying reports ümisuse of sick days üpersonal use of supplies or equipment

Morality and Behavior Even when people know what is right, sometimes they choose to do wrong—why? • Criminology (learning, role modeling, & biological predisposition) • Psychology • Other fields seek to answer this question • Are people fundamentally good or fundamentally bad?

Thinking Point Omar Thornton of Connecticut walked into his employer, Hartford Distributors, for a hearing concerning his possible termination. During the meeting, Thornton pulled out a pistol and shot ten of his coworkers, killing eight, before turning the gun on himself. • What caused Thornton to carry out this horrific act? • Was he born intrinsically bad? • Was he a good person that had a tragic turn of circumstances that forced him into a criminal act?

Ethical Issues and Dilemmas • Decriminalization of soft drugs? • Sex-offender registries? • Death penalty? • Mandatory DNA testing? • Three-strikes legislation? • Racial profiling? • Same-sex marriage? • Abortion? • Use drugs? • Turn in your brother as a sex offender? • Vote for the death penalty as a juror? • Lie to a friend? • Turn in your partner for using excessive force? • Stop a black driver in an expensive car?

Steps for Clarifying Ethical Dilemmas 1. Review all the facts. 2. Identify relevant values and concepts of all parties. 3. Identify all moral issues of each party. 4. Identify most immediate moral issue facing an individual. 5. Resolve the dilemma by using an ethical system or other means of decision making.

• Black grandmother and 2 teenagers • • Utah Highway Patrol Officer Accused of Racial Profiling • • • stopped for traffic violation Driver refused to allow vehicle to be searched Officer called K-9 to conduct “sniff” When driver asked why officer thought they were transporting narcotics, he pointed to his uniform insignias on his shoulder and said, “this makes me think it” Was the officer acting ethically? Was his response appropriate?

Chapter Review • Discretion permeates every phase of the criminal justice system • The study of ethics is critical for criminal justice professionals • The terms “morals” and “ethics” both relate to standards of behavior • It’s important to be able to identify and resolve ethical issues and dilemmas