Introduction
The decision-making process for professionals in a highly relevant system such as the criminal justice system requires the understanding of the various factors that might impede dispensation of duties to the public. Among the primary objectives of the penal justice is to safeguard the rights of the citizens in the country. Achieving that goal requires that the professionals in the field to act in a manner that is just and guided by a code of ethics, a moral compass and a sense of duty. The emphasis on the issue of standards in the dispensation of duties is as important as the objectives. Cognizant of that fact, there exist various philosophical approaches and which must be balanced with practical strategies to guide the standards of the professionals.
Individual rights and public protection in law enforcement
The primary aim of the law enforcement professionals is to dispense their duties in safeguarding the public while considering the individual rights of the people involved. There is a thin line between the two, and maintaining the balance requires highly evolved decision-making process. This is because the decision needs to happen almost instantaneous with no prior thought or preparation. Two philosophical approaches are applicable at this stage, being the deontological approach and utilitarian approach. The primary philosophical application in law enforcement is the deontological approach that emphasizes the ethical dispensation of duties based on the rules in existence from the perspectives of morality (Banks, 2012). However, when confronted by situations that are may be deemed ambiguous in the application of the deontology approach; the utilitarian approach can be applied. The fundamental underlying principle of assumption is that individual rights may be limited for the protection of the public. For example, while faced with a situation of a terroristic nature, it’s imperative to ensure that the protection of the public comes first as opposed to the individual rights of the suspected terrorist. Therefore, the action taken will be of the consideration between a precise balance of consequence in the positive and adverse.
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Philosophical approach to reward and punishment
The balance between the reward and suppression concepts in the criminal justice system is argumentative and largely depends on the various situations presented to a person. Therein, the existence of different philosophies and approaches to either concept allows a broad range of choice in the decision making process. For instance, while addressing reward, the method of justice requires that the compensation is based on the efforts while the utilitarian approach emphasizes based on the results. There are numerous factors within the criminal justice practice that influence the application of each theory due to the dynamics of various cases. Nonetheless, my preference lies on the application of the utilitarian approach due to the emphasis on results. On the other hand, philosophical approaches to punishment exist in numerous dimensions. The proposals include the retributive punishment that considers the degree of the crime and matches that degree to the punishment delivered, a utilitarian approach that is based on deterrence of potential criminal offenders as well as restitution approach that is based on the compensation of the victims of the crime (Braswell, 2017). Prescription of an approach for punishment would require the consideration of a broad range of factors within each particular case. Nonetheless, retributive punishment is more attractive due to the consideration of the individual rights of the person involved in the crime.
Applications of immoral means to achieve desired goals
The subjectivity of immoral means to achieve desired goals is an ethical dilemma that exists within criminal justice professionals. Resolving the dilemma in most cases is impossible to achieve due to the ethical standards that must be maintained in the professionals. Disregard of such standards may have grave consequences despite the good intentions. However, there reaches a point where moral means are exhausted, and immoral means might provide a solution. Nonetheless, the use of the immoral means disqualifies the integrity of the criminal justice system to that of criminal organizations. Deontological and utilitarian approaches fit the philosophical dilemma in informing the conditions under which the immoral action is required. Nevertheless, the application of unethical means must fulfill a certain degree of dispensation on the circumstances that they are used. Therefore the actions must guarantee that the desired results are without question desirable and fit the urgency of no other possible solution (Chauhan, 2009). For instance, when dealing with an imminent terror attack, torture could be applied to solicit information from a directly related party to the potential crime and doing so must adhere to the conditions of the philosophy.
Ethics of care and peacemaking criminology
The ultimate goal of law enforcement or even the existence of law is to maintain order and peace within the society. Ethics of care and peacemaking criminology approach offers a valid perspective in achieving that goal. For the professionals of law enforcement, the approach is intended to provide valuable insight on the position of the professionals as part of the society in dispensing the ultimate goal of peace (Moloney, 2009). Therefore, the approach indicates improvement criteria through which the law enforcement professionals should approach their duties.
References
Banks, C. (2012). Criminal justice ethics: Theory and practice . Sage Publications.
Braswell, M. C., McCarthy, B. R., & McCarthy, B. J. (2017). Justice, crime, and ethics . Taylor & Francis.
Chauhan, B., & Srivastava, M. (2009). The importance of ethics in criminal justice. Vidhigya: The Journal of Legal Awareness , 4 (2).
Moloney, J. (2009). Peacemaking Criminology. Undergraduate Review , 5 (1), 78-83.
