The criminal justice system is one of the most important branches of the government. It is responsible for the enforcement of the law whereby the professionals in it are required to interpret the law, punish those who do not violate its limitations and fight for the rights of those victimized by others. For these reasons, ethics is an essential factor in the appropriate running of the CJ system. In an effort to better understand its necessity, the following paper provides a definition to the terminologies; ethics, business ethics and ethical business and hoe each of them influence the CJ system. The paper also provides two ethical concerns presented in the current criminal justice system, its manifestation and ramifications along with efforts that the government has taken to rectify it while in other cases the problem is justified. The paper will also provide consequences that may occur if the ethical concern is not resolved.
Introduction
The criminal justice department is one of the important dockets of the government that ensure the constitutional laws are enforced. To enforce the laws and regulations of a given jurisdiction it is important that the involved members of the society are included. In this case, they include the members of the public who will report or raise an alarm to authorities that a member of the community does not adhere to particular laws of the land. The attorneys also play a role in the enforcement as they guard the rights of the accused or fight for those whose rights have been violated. The police and judges take on a case of criminal violation to identify evidence provided whether an accused party is guilty or not. In this case, it is essential that ethical practices are followed by each of the concerned members as a measure of guaranteeing justice is served.
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Definition of Ethics
Ethics are considered to be the moral principles that oversee the behaviors of an individual within a given activity. These regulations of behavior differentiate the good from the bad (Velamuri, Harvey, & Venkataraman, 2017). The concept of ethics is simply a system of guidance for every member of the society such that only the positive attributes are performed and the negative ones are ignored. This ideology is derived from the Greek word ethos that refers to multiple meanings including character, custom, habit or disposition hence providing a philosophy on the morals individuals should uphold. There are various aspects of character that are considered in ethics including ways of living a good life, responsibilities and rights, language use depicting right from wrong and the decisions one should make.
Definition of Business Ethics
The terminology business ethics is also known as corporate ethics which are the applied ethics where philosophical methods are incorporated to identify the moral course of action. The ethical principles in this case recognize the standards that are used to solve numerous problems that arise within a given business environment. As a result, business ethics are created by individuals, statements by a given organization or a legal body governing the particular industry. The professionals within the given business environment will identify these standards, values and norms of behavior as a means of taking action in their capacities (Velamuri, Harvey, & Venkataraman, 2017). The academics employ various methods of describing business behavior in an effort to better understand it. This concept also looks into various ways of documenting the quantity and range of ethical issues within a business environment can affect profit-maximizing behavior through non-economic practices. The result has been numerous organizations identifying their commitment to adhere to the standards governing their industry.
Definition of Ethical Business
Though it may be confused to have the same meaning as business ethics, ethical business is a significantly different as it identifies actions of a given organization. A business as an entity that serves the community has various responsibilities to the shareholders, employees, customers, environment, community and future generations. In this regard, an ethical business is one that ensures its daily operations have the least amount of harm to the various entities that it serves hence providing the highest level of value. It is also depicted that the term may also describe the practical efforts that an organization may employ to show its respect and adherence to the governing moral principles of the industry including honesty, diversity, fairness, individual rights, dignity and equality of the parties served. The primary means of becoming an ethical business is ensuring that the basic factors of delivering quality service and products are respected in the operations.
Ethics in Criminal Justice
Business ethics and ethical business are terms that are incorporated into the criminal justice system. They serve as an academic study of ethical issues as they would apply in the enforcement of the law. Criminal justice ethics is a common course in ethics that candidates for law enforcement positions will have to complete before employment. The course will usually utilize the guidelines of the institution’s needs and the values observed by the given society. The court system, for instance, identifies significant professional practices and ethical standards that are adhered to in an effort that are consistent with those the community upholds as a measure of ensuring trust with the public in their given responsibilities. However, this is not usually the case as particular concerns come up demonstrating its failures to respect its business ethics hence it is depicted as an unethical business institution.
Manifestation and Ramifications of Poor Evidence Collection and Analysis
Evidence collection and analysis is one of the most important processes of the court system. The forensic science is an important factor in the collection and effective analysis of fingerprint and DNA evidence in crime scenes. In previous times one of the causes for ethical concerns is the lack of appropriate technology to determine the guilt or lack thereof of an accused party. The growing basis of technology has enabled more accurate identification of a suspect’s guilt (Shaer, 2016). However, more recently police departments have failed to interpret the data drawn from the analysis of collected evidence. Such an occurrence may lead to wrongful accusation and potential punishment of an accused party. Numerous persons have been accused falsely in multiple cases particularly in Houston, Texas. Police technicians were habitually misinterpreting the collected samples of evidence in crime scenes resulting in wrongful analysis. The occurrence is a major factor contributing to the defamation of an innocent individual.
Are these concerns taken seriously by area of social service? By who? And for what reasons?
The concern for misinterpretation, manipulation or mishandling of forensic evidence is taken seriously by the police departments and the courts who receive the data (Refuge, 2011). It is depicted that police technicians and the experts who analyze the piece of evidence demonstrate high levels of moral and ethical character in an effort to ensure justice is served (Shaer, 2016). The leaders in police departments, the judges involved in overseeing criminal cases and the defense and prosecuting attorneys are some of the major parties concerned with this ethical issue. It is depicted that the ethical practice in the analysis and interpretation of data is essential for preventing an unwanted outcome in a court case. The repeated manipulation or misinterpretation of information demonstrates that the forensic technicians have low ethical character that should be taken into consideration in future criminal cases (Refuge, 2011). Even when the analysis and deduction is per the required standards, the lack of moral practice in previous times may result in the acquittal of dangerous criminals.
CJ Efforts to Solve or Justify this Unethical Practice
In an effort to prevent unethical practices of the technicians and the police departments from manipulating, mishandling or misinterpreting evidence is through high level of training. The local government-run labs are equipped with trained officials who have the ability to effectively analyze DNA or fingerprint evidence. This will prevent wrongful interpretation of data for use as evidence in a court case. The criminal justice department also incorporates the services of independent private experts as a source for third party review of the case in question. The private experts are believed to have better technology and better qualifications than the technicians hired by the police departments (Shaer, 2016). According to various defense or plaintiffs, the analysis brought by private consultants is better off in determining guilt or lack thereof of a given suspect. The CJ also increases the number of persons overseeing a particular case in an effort to reduce occurrence of manipulation of evidence (Refuge, 2011). A single officer is not the only one responsible for investigating a given case as numerous other personnel are involved to prevent this unethical practice. However, when it does take place, the CJ may look into the moral character of the individuals handling the case and the probability of failure to follow the standards prescribed (Refuge, 2011).
Outcome if the Issue is not Resolved
The mishandling, manipulating or misinterpretation is a severe unethical practice that requires immediate attention from the CJ authorities. Failure to resolve this issue could have dire consequences particularly in the punishment of crimes. To begin with, the failures of the officers in the collection and analysis of evidence will create a lack of trust between the law enforcement authority and the public it serves. It is noted that the community is dependent on an ethical police force in the collection of data and appropriate interpretation of whatever it portrays. However, when the personnel in a police department fail to adhere to such standards, the court system cannot be trusted to deliver an effective judgment. It is more likely that a real criminal may be acquitted as was the case for O.J. Simpson’s trial (Shaer, 2016). The repeated occurrence of poor handling of forensic evidence will diminish the effectiveness of the CJ system. In this case, it is depicted that the criminal justice department is responsible for the punishing law offenders and serving justice to the victims. However, such an unethical issue creates more problems for the CJ to cope with the rate of crime in its jurisdiction.
Manifestation and Ramifications of High Incarceration Rate
In the court system, the most common practice of punishment is incarceration. Criminals are secluded from the community for a number of days, months or years depending on the severity of the crime. The court system identifies the process of incarceration as a necessary practice to prevent the criminals from causing further harm to the members of the community where they performed their illegal behaviors (Carroll, 2016). According to the statistical data of prisons in the US, approximately 2 million individuals are incarcerated while a further 7 million are placed under supervision. The primary aim of the criminal justice system in this modern society is to increase deterrence and not to rehabilitate behavior of the community members. There have been members of the community who complain that the African American individuals are a targeted group considered to be criminals barely by their body stature or dressing (Carroll, 2016). This practice is recognized as racial profiling that has been a primary factor in a higher population of African Americans in the prisons.
Are these concerns taken seriously by area of social service? By who? And for what reasons?
The issue of mass incarceration has become a common cause for concern in the area of social service where it is depicted as unethical due to the effects it has on the community at large. For instance, the Sentencing Project, an organization involved in criminal justice reform advocacy identifies that war on drugs has resulted in a 500% increase in incarcerated population within four decades. The increase has been unfavorable as noted by a higher rate of sentencing blacks and Hispanics to the federal, state and local prisons despite the lower number in the overall population. According to data on the incarcerated criminals of 2013, 58% of them were African Americans and Hispanic yet they only make up 30% of the entire US population. In this regard, the organization noted that policies on drug-related crimes targeted these groups unfairly to the white majority. Furthermore, the two groups are more likely to face tougher charges against them that result in longer sentences than the whites (Carroll, 2016). On the other hand, increased rate of incarceration is depicted as a cause for ethical concern due to its failure to rectify behavior. Data collected by the Bureau of Justice Statistics showed that 49.7% and 55.1% of inmates returned to prison due to new offenses within 3 years and 5 years respectively as a violation of probation. In this regard, it is evident that the system was ineffective.
CJ Efforts to Solve or Justify this Unethical Practice
The CJ has made efforts in justifying the unethical practice of mass incarceration by pointing towards the major dip in criminal activity in the US. The crime rates in US were on a steady rise in the 1960s before the implementation of policies towards incarceration (Mitchell, 2014). Despite its implementation in the 1980s, the violent crimes fluctuated as incarceration increased. The criminal justice department continued in these efforts significantly decreasing the occurrence of crime. Since the 1990s crime rates have experienced a high level of decrease well into the 21st century (Mitchell, 2014). Nevertheless, the CJ continues to increase the rate of incarceration with the highest rate in the year 2007. There have been efforts made in the criminal justice system where the low-level offenders have been released as a measure of reducing incarceration by 50 percent. Appeals from political leaders, policymakers and associated stakeholders have looked towards reducing the rate of incarceration.
Outcome if the Issue is not Resolved
Increased occurrence of high incarceration rate may be detrimental towards reduced tensions between racial and social class groups. As the rate of incarceration rises, the individuals captured of different crimes are unable to effectively find stable jobs after their release. There have been cases of individuals with minimal offenses but instead receive lengthy sentences (Mitchell, 2014). Such occurrences generally lead to reduced time of developing skills and education essential in the modern labor market. The effect of mass incarceration is directly associated with recidivism where released convicts are unable to rectify their behaviors and resort to previous illegal activities. Research has shown that within 3 and 5 years 49.7% and 55.1% of the released inmates will likely have engaged in unwarranted behavior that violates their probation hence sent back to prison. It should be an urgent action to reduce mass imprisonment for the future of the society. The incarceration of offenders increases poverty levels as majority of inmates are males who serve as primary income holders of a household. Their imprisonment results in depleted resources to provide for the needs of a given family. As a result, it is probable that the future generations follow in the same practices of their parents.
Describe Criminal Justice Program
The criminal justice program is depicted as an effective means of identifying practical behavioral actions that students could incorporate into their professional disciplines. The program teaches the numerous laws that govern the different professions. For instance, attorneys and prosecutors are taught to effectively present their best arguments in an effort to prove the innocence or guilt of the accused party. The various techniques of presenting an effective argument for a given case are provided to equip learners with the skills of achieving success in their specific field. Furthermore, the program incorporates the teaching of ethics as an important feature of ensuring appropriate practice in their profession fields. Despite the well known duty of each professional to protect the rights of the served client, there are numerous cases where the moral character of the individual is called into question. The professionals are required to adhere to certain standards of practice as a demonstration of their ethical behavior.
How ethics is taught in Criminal Justice
In the criminal justice program, ethical practice is taught through practical observation of the immediate environment. The college setting is used as an environmental source of data for the purpose of identifying ethical behavior among themselves and the professors who serve them. Through research on the perception of the academic integrity, students in criminal justice are able to depict their adherence to moral standards. In this regard, the students identify the impact that authority figures such as the professors and the system of education may impact them in the quest to uphold the ethical standards. Effective teaching techniques enable students to believe in their capability to pass examinations without having to undertake unethical actions like cheating. The campus environment is also used as a tool in teaching ethics to the criminal justice learner where the peers and institution culture have significant influence on the behavior presented by students. The setting where learners are aware that cheating has become a common occurrence then it is more likely that they will follow in the same practice.
College students Point of View Ethics
According to research, there has been high level of adherence to ethical standards among college students in the campus setting (Lau, Caracciolo, Roddenberry & Scroggins, 2012). The study looks to identify various factors that influence the perception of ethics among students in college. Technology is depicted to be a significant factor towards increased cheating cases. Online learning significantly increases distance between the learner and the authority figure. The hybrid classes ensure that the anonymity of taking examinations enabling a user to effectively cheat in examination (Lau, Caracciolo, Roddenberry & Scroggins, 2012). The researchers noted that high school students are more likely to engage in cheating as opposed to those in college. In this case, the attitude of the students is that college education is much more important towards ensuring the professional success of an individual hence the need to uphold higher standards. However, the perception of an ethical faculty prompts the students to engage in similar practices when undertaking tests (Lau, Caracciolo, Roddenberry & Scroggins, 2012). The professors and their associates serve as role models whom the students would wish to emulate.
College students Point of View Ethics
In an alternative study, the college students are depicted to have increased risk of demonstrating poor academic integrity particularly in the colleges. The research conducted by McCabe, Trevino & Butterfield (2001) shows that cheating in academic institutions has increased over three decades before the publishing of the article. As a result, members of the faculty and relative personnel should not assume that students are upholding academic integrity when in fact they are not. Though the article targets the students that major in business, it may be used to analyze behavior for those studying criminal justice. The prevalence of cheating in academics is a major factor towards the behavior of professionals in the future. For instance, high level of cheating among students of business will lead to poor standards of practice (McCabe, Trevino & Butterfield, 2001). The professionals will significantly increase the occurrence of malpractice in their given discipline. For this reason, it is essential that measures are taken to prevent its continued spread among college student populations.
Professional CJ point of view ethics
Ethics is an important factor of the various professions in the criminal justice discipline. There are three primary influences where ethics apply in the CJ department. The police, attorneys and judges take into consideration moral character in their daily activities. These professionals identify the need to uphold ethical practices as a measure of preserving the sanctity and the effectiveness of the law enforcement in the country. Depending on the professional role of the individual, ethics will play a major role in dictating the nature of behavior to be presented. Through the CJ system, these professionals are likely to encounter dilemmas created by interaction with law offenders. Additionally, ethics also influence the decision-making process where defining a criminal activity is essential as a means of depicting how the perpetrator should be punished. It also provides a significant preview of the understanding that a community has towards particular behavior. In light of this, moral character is the foundation of the CJ system.
For the police, ethics is an important factor that influences the behavior officers present when encountered with law offenders. In cases where the police are depicted to be upholding ethical standards, it is highly likely that the community they serve will demonstrate the same (Mitchell, 2014). This practice is more effective in curbing the increased rate of crime in the various neighborhoods. Both prosecutors and defense attorneys are also influenced to uphold moral character in their profession. Though it is important to represent their significant clients, it is not a requirement that attorneys should undertake unethical measures when proving innocence or guilt of an affected member of the society. The judges are the most influenced by ethics in the criminal justice system. In their respective roles, they are expected to provide a fair and equal interpretation of the law that is independent of personal agendas, emotions, values of religion and previous encounters. Each case should be treated like it is the first time and independent of others.
Comparisons between the Two
Ethics is demonstrated as a significant influence in the professional CJ professionals in their numerous practices. However, this seems to be different for the college students who demonstrated increased cases of academic cheating. It is depicted that there are individual and contextual factors that are involved in the increased cases of lacking academic integrity. The personal behavior of a student during the learning process within a semester will determine the probability to engage in cheating practices (Shurden, Santandreu, & Shurden, 2010). Peers also have significant influence to prompt other students to engage in cheating behaviors that would lower their moral character. However, for the professionals in the CJ system, there are severe consequences associated with failure to uphold ethical standards. One of the primary outcomes is loss of a stable job where police officers, attorneys or judges are released from their roles. Additionally, the professionals may face criminal charges for their involvement in unethical behavior. For instance, a police will face charges for accepting bribes from an offender.
Recommendation to field of CJ to fix ethical
It is depicted that ethical behavior begins at an early age among the individuals in a professional field. Therefore, it is essential that measures are undertaken to prevent occurrence of such behavior in the future. The college universities may pose severe consequences for students involved in academic cheating. Furthermore, education on the consequences of low academic integrity should be provided as a measure of preventing the continued prevalence in institutions. The modern student is unaware of the effects of engaging in unethical behavior on their futures. Such students are more likely to engage in undesirable actions that may lead to an early end of a career and potential criminal charges. This may likely affect students of criminal justice program.
References
Carroll, L. (2016, July 10) How the war on drugs affected incarceration rates . PolitiFact, Retrieved from http://www.politifact.com/truth-o-meter/statements/2016/jul/10/cory-booker/how-war-drugs-affected-incarceration-rates/
Lau, L. K., Caracciolo, B., Roddenberry, S., & Scroggins, A. (2012). College students' perception of ethics. Journal of Academic and Business Ethics , 5, 1.
McCabe, D. L., Treviño, L. K., & Butterfield, K. D. (2001). Cheating in academic institutions: A decade of research. Ethics &Behavior , 11(3), 219-232.
Mitchell, M. (2014, Oct 29) The Causes and Costs of High Incarceration Rates . Center on Budget and Policy Priorities, Retrieved from http://www.cbpp.org/blog/the-causes-and-costs-of-high-incarceration-rates
Refuge, J. (2011, June 24) Ethics and Training in Forensic Science . Crime Scene Investigator, Retrieved from http://www.crime-scene-investigator.net/ethicsinforensicscience.html
Shaer, M. (2016, June) The False Promise of DNA Testing . The Atlantic, retrieved from https://www.theatlantic.com/magazine/archive/2016/06/a-reasonable-doubt/480747/
Shurden, S. B., Santandreu, J., & Shurden, M. C. (2010). How student perceptions of ethics can lead to future business behavior. Journal of Legal, Ethical and Regulatory Issues , 13(1), 117.
Velamuri, S. R., Harvey, W. S., & Venkataraman, S. (2017, March 23) Being an Ethical Business in a Corrupt Environment . Harvard Business Review, Retrieved from https://hbr.org/2017/03/being-an-ethical-business-in-a-corrupt-environment
