Abstract
Ethics is an essential element of the criminal justice administration, which helps human, develop a morally correct reasoning in the definition of criminal actions or activities. As well, ethics is the implements that determine what the society accepts as punishment. It is relevant to note that they are the institution of our criminal justice administration, and the system is only useful when functioning ethically. This paper, therefore, analyzes the connection between ethics and professional behavior and explains the role of critical thinking with respect to the relationship between ethical and professional conducts. Moreover, it includes a proposal for a training seminar on ethics concerning enforcement of the law.
People Also Read
- Top 100 Business Ethics Research Paper Topics
- Leadership and Management: Understanding the Key Differences
Introduction
In other words, ethics refers to moral a way of life; a subdivision of philosophy, which answers the questions of right or wrong, and at the same time concerned with how human being should live and co-exist. Ideally, it is all about making decisions or judgments grounded on logics, ethics in the pursuit of determining what is right, and what is wrong. Philosophically, anything good or wrong forms moral judgments or qualities assigned to conduct and actions. The ruling of a person’s deeds based on ethics differentiates the good and the bad. Besides, it establishes the dos and the don’ts and ultimately controls the behavior or conduct of an individual, a group, or an institution (National Institute of Justice, 2000).
Ethical philosophy diverges into three major divisions, namely, Metaphysics, normative ethics, and, applied ethics. The metaphysics focus on the strategies and methodologies, language, logical constructions, and the thinking ways used in comprehending of terminologies in ethics. For example, what the standard terminologies ‘good’ and ‘bad’ constitute. On the other hand, normative ethics deals with the approaches or procedures that lay down the values and principles of behaving and conducting of individual human beings. Consequently, applied ethics focuses on the practical and moral issues’ solutions coming out as an outcome of particular circumstances. The latter mostly exist in settings that seem to be professional, for example, medicine and law (Gross, 1979).
Concisely, ethics provides people with a platform of moral decision-making whenever they are uncertain or unsure of what to do in circumstances about moral matters. The moral principles are crucial in everyday life not because they contain absolute truthfulness, but because of their reliability in guiding customary or typical situations (National Institute of Justice, 2000). This paper, thus, focuses on the analysis of the connection between professional conduct and ethics in the administration of criminal justice.
Relationship between Ethics and Professional Conduct in the Management of Criminal Justice
In any criminal justice administration worldwide, ethics forms the foundation of principles for anybody holding a career in the system to behave or conduct themselves in line with the stipulated guidelines. Without ethical standards, the legislation or law would have insignificant value and meaning since its application would be unreliable and untrustworthy. Based on the occupation of an individual within the justice system at this moment, ethics would control their relations and interface with the law offenders, influence or manipulate their choices and decisions, and finally have power over their law interpretation (Task Force on Criminal Justice Research and Development, 1976).
Ethics and Professional Behavior of the Attorney
A defense attorney is responsible for defending a suspect or a person considered guilty of a crime. Therefore, ethics is very significant in the process of protecting the interests of an incriminated person by the attorney. In this case, the legal representative has twofold ethical principles, which guides him in representing the implicated individual moderately and reasonably, as well as, ensuring that the client does not offer false and fake testimony. The objective, therefore, is to leave the weight of evidence on the prosecutor, while pursuing all efforts to provide statements grounded in honesty and accuracy. For instance in the United States of America, Ohio State Law Journal, stipulates that the accused or defendants must make corrections to false proclamations and testimonials or otherwise they could be rendered guilty of the frustrating justice system. As a result, the lawyers have an ethical accountability to desist from actions of helping their clientele to provide inaccurate testimonies and promote defendants to modify false declarations (National Institute of Justice, 2000).
Ethics and Professional Behavior of the Prosecutor
Moral stands equally apply to the prosecuting attorney who must maintain them to prevent incidences of punishing defendants for the crimes they never committed. The prosecution lawyer has an ethical responsibility to provide honest testimonies, and offer supportive proof that rationalizes their claims. Once they realize their proof has some interference, they should not provide the information as evidence against the accused person. It is the ethical role of the prosecutors to present full facts in the justice against the defendants. They should avoid giving partial facts, inventions, and fictions, or prejudiced decisions as part of their case, as that would contravene ethical principles (Gross, 1979).
Ethics and Professional Behavior of the Police Officer
Ethics is crucial to police officers in the administration of criminal justice since they have the first-hand responsibility of responding to a crime action. For that reason, ethical principles will guide them in making life and death judgments, and in acquiring accurate legal proof of the matter. For instance, in the absence of the ethical and legal management of Miranda rights, letting a suspect know of his right to a legal representative, as well as, informing him that not anything he mentions applies in the judgment against him, the offender’s admission might not play a part in court. Ethically, it is irresponsible and unaccepted for a police officer to attack physically, threaten, or harass a lawbreaker as a method of forcing admission. The law requires that the police officers assume an ethical accountability of making non-discriminatory, fair, and judgments calls that are justifiable in the protection of innocent and virtuous citizens (Gross, 1979).
Ethics and Professional Behavior of the Judge
Of all the criminal justice practitioners, ethics might be above par, the most significant tool to judges in determining the cases presented to them. The reason is, a judge can do a fair interpretation of the law autonomously without the influence of religious principles, personal feelings, historical experiences, self-marketing agendas that tamper with that ethical role. The State of Nevada Commission provides that, judges serving in the Nevada must observe and respect the five statutes of ethics, which include no deviation from the regulation, impartiality, non-discriminatory judgments, and no engagement with groupings having special interests out and inside the courtroom, and contribution only in commended campaigning approaches. In the United States, judges must uphold the land’s law and defend ethics outlined in the constitution (National Institute of Justice, 2000).
The Role of Critical Thinking on the Connection of Ethics and Professional Behavior
Criminal justice practitioners should develop critical thinking skills in the thinking of the facts and issues in any provided circumstance in an objective and unbiased way. Critical thinkers play a crucial role in exploring the probability and the possibility and the way in which facts relate or connect to one another. Logically, they need to be fair in their decisions and demonstrate the willingness to listen to all aspects of a dispute and regard various viewpoints. In the process of attaining this, the workers of the criminal judicial system must analyze issues facing their performance through the procedures a critical thinker needs to utilize. Through critical thinking, it should be easier for a worker to address issues, monitor his biases, and eliminate them appropriately, examine facts and measure their correctness, create a premise for a judgment or solution, suggest additional options, and analyze the and advantages and disadvantages of the clear solutions (Task Force on Criminal Justice Research and Development, 1976).
Proposal for a Seminar in Ethics Training for Law Enforcement Officers
Law enforcers in everyday life make decisions and act in an attempt to balance conflicting and competing principles and interests, regularly imprecise or partial info, usually in vibrant and highly emotional situations, not forgetting under anxiety or pressure. The law enforcers should have higher standards of manners and behaviors as anticipated by the society since the public trust bestows on them and they have the power to eliminate constitutional advantages and apply force whenever justifiable by law. The officers take an oath and usually should observe and comply with the codes of professional ethics; as well, they are subjects to a variety of regulations, rules, and laws (Task Force on Criminal Justice Research and Development, 1976).
Interactions with other individuals in the study of ethics will enable an officer in the criminal judicial system to develop a character, scope, and an ethical foundation. It is, therefore, important to conduct training seminars for the staffs of the legal department discussed at this moment, which will enable them to carry out the following:
• Voluntarily be acquainted with an ethical predicament or problem
• Recognize a variety of methods necessary in addressing the particular subject or concern in question
• Rationalize and establish a sound decision based on the available options for making choice
• Carry out an action immediately about that decision
• Acknowledge accountability and responsibility for any result or outcome
Areas of Ethical Behavior Stressed in the Seminar
Several components help in the consideration of developing a seminary program for ethics training; however, the following five elements would be imperatively considered in the process as compared to the rest (Gross, 1979).
• What is the purpose of the program?
• What values does the program add to the community and the criminal justice practitioners?
• Does the program have essentials of integrity?
• What elements of the program support exceptional performance?
• What are the complementary responsibility or accountability systems available to support ethical conduct?
Benefits of the Training for both Officers and the Community
Criminal justice practitioners must act ethically, and not just think morally. The seminars provide them with the relevant ethics couching, which entails implements for solving ethical dilemmas. As well, the training encourages the officers under have the guts and confidence in taking action. Additionally, the training helps integrity among the criminal administrative system staffs, recognize the implementation of discretion, and reduce risk and liability in the community and among the practitioners. As well, they encourage outstanding performance and complement accountability systems (Gross, 1979).
References
Gross, H. (1979). A theory of criminal justice. New York: Oxford University Press.
National Institute of Justice (U.S.). (2000). Criminal justice 2000. Washington, D.C.: U.S. Dept. of Justice, Office of Justice Programs, National Institute of Justice.
Task Force on Criminal Justice Research and Development. (1976). Criminal justice research and development: Report of the Task Force on Criminal Justice Research and Development. Washington: National Advisory Committee on Criminal Justice Standards and Goals.
With a student-centered approach, I create engaging and informative blog posts that tackle relevant topics for students. My content aims to equip students with the knowledge and tools they need to succeed academically and beyond.
