Common Ethical Issues in the Criminal Justice System

Introduction 

The criminal justice system plays a critical in any country, especially concerning delivery justice to the people. The primary purpose of any criminal justice system is to deliver justice for all while ensuring that those who violate the law are fairly punished for reducing criminal activities in the society. Also, the criminal justice system has a role in protecting the innocent, including victims. Like any other system, the functions of criminal justice are based on rules and regulation, as well as ethical standards and requirements. The system, therefore, is characterized by many ethical issues. Incarceration of offenders is one of the duties of the criminal justice system. The US is one of the countries that have experienced rapid increased in the number of incarcerated persons for more than three decades now. Many factors influence an increase in the incarceration rate. Incarceration is also based on some ethical issues that should be explored. It is important to understand ethical issues in the criminal justice system and why the rate of incarceration is increasing. 

Ethical Issues in the Criminal Justice System 

Criminal justice ethics is one of the areas that have been widely studied by both legal experts and social scientists, especially criminologists. Criminal justice ethics is mainly based on many ethical problems that are found in various institutions within the system such as the police, courts, and correctional facilities. Thus, criminal justice ethics primarily focuses on ethical issues that are likely to be encountered in individual institutions ( Kreikebaum, 2008, p. 82) . The common ethical issues that occur in the criminal justices system, therefore, include judicial corruption, excessive use of force by the police, fairness, and impartiality, and the independence of the judiciary. 

Judicial corruption is increasingly becoming one of the major ethical issues in the criminal justice system not only in the USA but almost the entire world. A significant number of judges have been bribed to influence their judgment or decision-making during the ruling ( Kreikebaum, 2008, p. 83) . Ethics focus on the morality and the standards of behavior or conducts that are expected of members of society. Corruption, therefore, is an ethical issue because it interferes with integrity, honesty, transparency, and accountability, which all border on ethics ( Kreikebaum, 2008, p. 86) . Although corruption may be tolerated in some sectors like business, it is a major ethical issue in the criminal justice system. 

While making the ruling, a judge is expected to be honest, honest, objective, and impartial to uphold and maintain justice to all members of the society regardless of their socio-economic status. However, this is not always the case due to the rampant judicial corruption, which is mainly seen in courts. The bribe is the main form of judicial corruption in courts because many judges have been accused of taking bribes to rule in favor of some accused persons ( Kreikebaum, 2008, p. 83) . Bribery occurs when a person gives or solicits an inducement to take action that is deemed to be illegal, unethical, and immoral. For instance, three California high court judges were accused of accepting bribery after they received $100,000 in the form of a gift from an attorney who had a pending case in court ( Kreikebaum, 2008, p. 83). The judges were convicted for engaging in corruption, which is considered an ethical behavior in the criminal justice system. 

Political interference is another form of corruption that is common in the criminal justice system. Political interference refers to the use of an official position to interfere with the lawful application of the justices ( Kreikebaum, 2008, p. 85) . Some of the influential political leaders have used their positions to interfere with various functions of the criminal justice system, including investigation and judgment. Besides, favoritism is a form of corruption that has been witnessed in the criminal justice system severally. Both the police and judges have been accused of favoritism when they are playing their roles as actors of the criminal justice system ( Kreikebaum, 2008, p. 85) . For instance, the police who have been accused by misconducts are rarely prosecuted because they are not only being favored by law enforcement agencies but also courts. Therefore, corruption is a major ethical issue in the criminal justices system as it creates a moral dilemma, especially when it comes to decision-making by judges and the police. It is based on the morality of a person. 

The use of excessive force is another ethical issue that is posing a lot of moral dilemma to the police or law enforcement agencies in various parts of the world. The use of excessive force is one of the most contentious issues in the American policing system. The killing of innocent young people like Eric Garner and Michael Brown in 2014 enhanced the debate on when the police should use excessive force to maintain law and order ( Garner et al ., 2018, p. 1) . Some of the movements such as Black Lives Matters have emerged due to the perception that the police are using excessive force against minority racial groups in the USA, especially African American or blacks. However, despite the many interventions that have been used by the government to reduce the problem, police continue to use excessive force because it is characterized by a lot of ethical dilemmas ( Garner et al ., 2018, p. 1) . Police are allowed to use necessary force when they are maintaining law and order. At the same time, sometimes the police’s life is in dangers while she or he is trying to create order or to arrest a suspected criminal. As a result, law enforcement agencies force ethical dilemma on what level of force they should use. The use of force, therefore, is one of the most common ethical issues in the criminal justice system, especially among police officers ( Garner et al ., 2018, p. 1) . Besides, it is an ethical issue that can interfere with the delivery of justice by the criminal justice system. 

Racial profiling is another ethical issue in the criminal justice system, especially in racially diverse countries like in the USA. The police have repeatedly accused of racial profiling in the USA, particularly against the minority racial groups. For instance, based on reports from various agencies, the police are more likely to arrest black people than their white counterparts even if they have committed the same offense. According to the report that was released by the Justice Department, black people accounted for 93% of total arrest in Ferguson between 2012 and 2014 ( Balko, 2018, p. 3) . At the same time, black people are likely to be convicted by the court when compared to white defendants, which explains why African Americans dominate the prisons. The perception of racial profiling against a section of the population poses an ethical dilemma in the criminal justice system, and it may affect the decision-making process, even when a judge is making a ruling. It has affected the integrity and reputation of the criminal justice system because people think that it unfairly delivers justice. 

Reasons for High Incarceration 

The number of incarcerated people in the USA has increased significantly over the last four decades. According to Travis, Western, and Redburn (2014, p. 2), the population of incarcerated people increased from 200,000 to about 1.5 million between 1973 and 2009. The US is leading in terms of the percentage of people who are held in prisons globally. For instance, it is estimated that nearly 25% of the total prisoners in the world are held in the USA (Travis, Western & Redburn, 2014, p. 2). Even though the recent report that was released by the Pew Research Center indicates that the rate of incarceration is reducing in the country, the number of people in prisons is much higher than many developed countries in the world ( Gramlich, 2018) . The high incarceration rate in the USA is a problem that should be addressed by first considering the root-cause. 

The problem of a high number of incarcerated people in the USA started way back in the 1980s when Congress passed a law that required lengthy prison sentences, especially for drug and violent offenders. The increase in the length of prison sentences made people believe that incarceration is the main strategy that the government can use to reduce criminal activities in the society (Travis, Western & Redburn, 2014, p. 112). The law requiring mandatory imprisonment for serious criminal offenders increased population in prisons significantly. Thus, the introduction of new policies and laws in the late 1900s led to an increase in the number of incarcerated persons in the USA. Besides, the rate of crimes surged substantially since the 1980s, leading to an increased number of criminals who needed to be sent to prisons. With increased crime rate, law enforcement agencies used modern technologies that enhanced their ability to arrest criminals and successfully charge them in courts (Travis, Western & Redburn, 2014, p. 112). 

The incarceration of less-serious offenders also led to a rise in prison populations. The numbers of property offenders increased immensely, especially between the 1980s and early 2000s across the country. The US government also implemented strict post-release supervision that increased prison entries (Travis, Western & Redburn, 2014, p. 109). The number of offenders who were sent to prison due to the parole violation surged in the early 2000s due to improve post-release supervision. Therefore, apart from the increased crime rate, the government contributed significantly to the high rate of incarceration in the country. The laws and policies that were introduced in the late 1900s facilitated a rise in the number of incarcerated people. However, currently, the number is declining gradually because of the declining crime rate and judicial sentencing patterns ( Gramlich, 2018) . The US is still leading in the incarceration rate despite the decline, especially based on the recent report by the World Prison Brief. 

Ethical Side of Incarceration 

The bail system is one of the ethical issues that are linked to incarcerations. Based on this system, people who have money are not likely to end up in jail, as they can pay the bail and be released. On the contrary, poor people are stuck in prisons because they are not able to pay bail. The bail system is making the incarceration process unfair to poor people in the society ( Kreikebaum, 2008, p. 89) . Unfortunately, law enforcement agencies are forced to send people who cannot pay bail to prison. Consequently, the majority of people in prisons come from poor backgrounds. At the same time, the minority groups are overrepresented in prisons. The incarceration process favors the rich at the expense of the poor. 

Assault and corruption among prison guards and corrections officers is another ethical issue that is linked to incarceration ( Kreikebaum, 2008, p. 89) . Prison abuse is a common occurrence in many corrections facilities in the USA. The difficulty of producing evidence from inmates who have been abused in one of the reasons why the unethical practice continues in the US prisons across the country. Even though some prisoners have been filing grievances, their grievances are rarely addressed by prison administrators. Favoritism makes the administrators to side with prison guards. A lot of human rights violation, therefore, occurs in prisons ( Kreikebaum, 2008, p. 89) . The government should take measures to address this ethical issue that affect the wellbeing of many prisoners. 

Conclusion 

The criminal justice system is important in any country because it is tasked with the responsibility of delivering justice to all people, regardless of their socioeconomic background. Nevertheless, unethical practices like judicial corruption, use of excessive force, and favoritism are preventing the system from delivering justice. Institutions in the criminal justice system like the police and court also face a lot of ethical dilemmas that adversely affect their effectiveness. The high incarceration rate in the USA is another issue that affects the criminal justice system in the country. The US is leading globally in terms of the incarceration rate, which is mainly influenced by government policies and laws. 

References 

Balko, R. (2018, September 18). There's overwhelming evidence that the criminal justice system is racist. Here’s the proof. The Washington Times . Retrieved from https://www.washingtonpost.com/news/opinions/wp/2018/09/18/theres-overwhelming- evidence-that-the-criminal-justice-system-is-racist-heres-the- proof/?utm_term=.c7974886b4ea 

Garner, J. H., Hickman, M. J., Malega, R. W., & Maxwell, C. D. (2018). Progress toward national estimates of police use of force. PloS one , 13 (2), 1-23. 

Gramlich, J. (2018, May 2). America’s incarceration rate is at a two-decade low. Pew Research Center . Retrieved from https://www.pewresearch.org/fact-tank/2018/05/02/americas- incarceration-rate-is-at-a-two-decade-low/ 

Kreikebaum, H. (2008). Corruption as a moral issue. Social Responsibility Journal , 4 (1/2), 82- 88. 

Travis, J., Western, B., & Redburn, F. S. (2014). The growth of incarceration in the United States: Exploring causes and consequences. City University of New York (CUNY) Academic Works . Retrieved from https://academicworks.cuny.edu/cgi/viewcontent.cgi?article=1026&context=jj_pubs