Term
| Fundamental ‘values’ in ethical views of the criminal justice system |
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Definition
| Privacy, freedom, public order, justice, duty, and loyalty. |
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Term
| Ethical judgments categories of behaviors of criminal justice values. |
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Definition
| 1. Acts that are 2. Human and 3. of free will 4. that affect others. |
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Term
| Acts (ethical judgement elements) |
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Definition
| Some act must be present to judge. |
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Term
| Human (ethical judgement elements) |
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Definition
| judgement of moral or ethical behavior are directed specifically to behavior of people. |
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Term
| Free Will (ethical judgement elements) |
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Definition
| moral culpability is restricted to behaviors that stems from those with free will and free action. |
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Term
| Affect Others (ethical judgement of elements) |
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Definition
| Moral or immoral behavior should only apply to cases in which the behavior significantly affects other people. |
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Term
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Definition
| Required behavior or action – the responsibilities attached to a specific role. |
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Term
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Definition
| Method of police control is different from others and is physical. |
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Term
| Essential elements of entrapment |
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Definition
| Extensive and coercive pressure on the defendant to engage in the criminal actions. |
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Term
| Individual Explanation of Corruption |
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Definition
| “Rotten-apple” argument (Officer was deviant before hiring). Development of a police personality (officer becomes deviant after hiring). Possible predictors: gender, age, education, race, military experience, academy performance, prior history of wrongdoing. Minor offenses create negative atmosphere. Target: screening/recruiting process; training. |
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Term
| Institutional or Organizational Explanation of Corruption |
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Definition
| Points to organizational problems such as low managerial visibility, low public visibility, and peer-group secrecy, etc. Also looks at the police role in the criminal justice system as the front line interface with criminals, the tension between the use of discretion and the bureaucracy, and the role of commanders in spreading corruption. |
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Term
| Systemic or societal Explanation of Corruption |
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Definition
| Explanation of corruption that focuses on the relationship between the police and the public. |
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Term
| Deviant Lying by the Police |
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Definition
| To cover up violations of the law, in court, reports or to the organization. |
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Term
| Legitimate Goals of Deviant Lying |
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Definition
| Necessary evils to carry out duties. |
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Term
| Illegitamate Goals of Deviant Lying |
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Definition
| To Protect themselves or fellow officers |
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Term
| Accepted Lying by the Police |
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Definition
| Public accept the lie to serve the purpose of their jobs. Undercover operations. To media and the public about investigation details, to deny or plant wrong information to throw off a suspect or protect victims or witnesses. |
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Term
| Tolerated Lying by the Police |
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Definition
| Necessary evils to lie in interrogations in order to get a suspect to comply or testify. |
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Term
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Definition
| Law is a contract, each individual gives up some liberties and, in return, is protected from others who have their liberties restricted as well. |
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Term
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Definition
| Refers to laws that protect individuals from hurting themselves. |
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Term
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Definition
| Views society as a community consisting of like-minded individuals who agree on goals important for ultimate survival. This view is functionalist because it sees law as an aid to growth and/or survival of society. |
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Term
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Definition
| Views society as being made up of competing and conflicting interests. According to this view, governance is based on power; if some win, others lose, and those who hold power in society promote self-interest, not a greater good. |
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Term
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Definition
| Views society as being made up of competing interests, however, it describes more than two basic interest groups and also recognizes that the power balance may shift when interest groups or coalitions emerge. These power shifts occur as part of the dynamic societal change. |
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Term
| Legal Agent (Lawyer/Client Relationship) |
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Definition
| The attorney is no more than an agent of the client. The lawyer is neither immoral or moral, but merely a legal tool. “I am a lawyer, first and foremost.” |
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Term
| Special Relationship (Lawyer/Client Relationship) |
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Definition
| A more moderate position is that the loyalty to the client is much like a relationship between a trusted friend. This justifies fewer actions than the legal agent relationship. The lawyer is expected to dissuade the client from taking unethical or immoral actions, but loyalty would preclude absolutely going against the client's wishes. |
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Term
| Moral Agent (Lawyer/Client Relationship) |
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Definition
| A position a lawyer takes where the lawyer has to adhere to his or her own moral code. The client's interests come first only as long as they do no conflict with the lawyer's morality and ethical code. If there is a conflict, the lawyer follows his or her own conscience. |
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Term
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Definition
| The approach in which each case is treated as one of many. The actors merely follow the rules and walk through the steps, and the goal is efficiency. |
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Term
| Wedding Cake Illustration |
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Definition
| A model of justice in which the largest portion of criminal cases forms the bottom layers of the cake and the few “serious” cases form the top layer. The bottom-layer cases get minimal due process. |
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Term
| Models of justice that affect our view of law and the legal process |
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Definition
| Bureaucratic Justice and Wedding Cake Illustration. |
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Term
| Being impartial and avoid impropriety (Canons of the Model Code of Judicial Conduct) |
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Definition
| A judge shall uphold and promote the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety. |
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Term
| Diligent performance of duties (Canons of the Moral Code of Judicial Conduct) |
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Definition
| A judge shall perform the duties of judicial office impartially, competently, and diligently. |
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Term
| Minimize conflict with obligations of office (Canons of the Moral Code of Judicial Conduct) |
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Definition
| A judge shall conduct the judge's personal and extrajudicial activities to minimize the risk of conflict with the obligations of judicial office. |
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Term
| Avoid political activity to keep impartiality (Canon of the Moral Code of Judicial Conduct) |
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Definition
| A judge or candidate shall not engage in political or campaign activity that is inconsistent with the independence, integrity, or impartiality of the judiciary. |
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Term
| The key events in the Cameron Todd Willingham case. |
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Definition
| Residential fire had killed a man's children. He was tried for murder and the fire marshal’s report saying the fire was intentionally set, was key evidence. He was convicted and sentenced to die. An independent fire investigator’s report found there was no proof the fire was intentionally set. The man was executed and additional testing supported the independent scientist’s results. |
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Term
| Models used to resolve ethical dilemmas faced by lawyers |
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Definition
| Situational model and systems model |
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Term
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Definition
| A conceptualization in which lawyers weigh the priorities in each case ad decide each case on the particular factors present. |
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Term
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Definition
| An absolute or legalistic model in that an attorney's behavior would always be considered wrong or right depending on the ethical rule guiding the definition. |
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Term
| Responsibility to client (ethical dilemmas for defense attorneys) |
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Definition
| A defense attorney's duty is to serve as the counselor of the accused with courage and devotion. Dilemmas may arise through whether or not better defense is given to those who pay more, or pay at all. |
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Term
| Conflict of Interest (ethical dilemmas for defense attorneys) |
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Definition
| A defense attorney should not permit his or her professional judgment or obligations to be affected by his or her own political, business, property, or personal interests. Dilemmas may arise are plea bargains and “fast-food lawyers” who finished as many cases as possible to make more money. Another dilemma is interests in literary or media rights selling. |
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Term
| Zealous Defense (ethical dilemmas for defense attorneys) |
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Definition
| The defense attorney has no duty to execute any directive of the accused which does not comport with law or such standards. Ethical dilemmas are issues like concealing evidence, presenting false evidence, perjuring testimony, etc. |
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Term
| Confidentiality (ethical dilemmas for defense attorneys) |
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Definition
| The defense attorney should not reveal information relating to representation of a client unless the attorney believes it is likely to result in imminent death or substantial bodily harm. |
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Term
| Unique ethical dilemmas faced by defense attorneys. |
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Definition
| Responsibility to client, conflicts of interest, zealous defense, and confidentiality. |
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Term
| Different types of Prosecutorial Misconduct. |
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Definition
| Knowingly allowing false evidence to be admitted, knowingly allowing false testimony to be admitted, Using false scientific evidence, suppress evidence favorable for the defense, and failure to disclose evidence. |
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Term
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Definition
| An organization staffed by lawyers and law students who reexamine cases and provide legal assistance to convicts when there is a probability that serious errors occurred in their prosecution. |
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Term
| the primary reasons for false convictions. |
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Definition
| Mistaken eyewitness testimony, perjury by informants, police and prosecutorial misconduct, false confessions, “junk science”, and ineffective assistance of counsel. |
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Term
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Definition
| The view that an individual has no rights unless these rights are specified in the Constitution or have been created by some other legal source. |
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Term
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Definition
| An approach to the Constitution that uses a looser reading of the document and reads into the rights that the framers might have recognized or that should be recognized as a result of “evolving standards”. |
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Term
| Different legal/historical perspectives for viewing the U.S. Constitution. |
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Definition
| Strict Constructionists and Interpretationists |
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Term
| Two persons (Elements of Punishment) |
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Definition
| There are at least two persons – one who inflicts the punishment and one who is punished. |
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Term
| Causing Harm (Elements of Punishment) |
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Definition
| The person who inflicts the punishment causes a certain harm to the person who is being punished. |
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Term
| Authorized by Law (Elements of Punishment) |
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Definition
| The person who inflicts the punishment has been authorized, under a system of rules or laws, to harm the person who is punished in this particular way. |
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Term
| Judgment of violation of law (Elements of Punishment) |
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Definition
| The person who is being punished has been judged by a representative of that authority to have done what he or she is forbidden to do or failed to do what he or she is required to do by some relevant rule or law. |
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Term
| Harm inflicted only for violation of law (Elements of Punishment) |
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Definition
| The harm that is inflicted upon the person who is being punished is specifically for the act of breaking the law. |
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Term
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Definition
| What is done to an offender to prevent others from deciding to engage in wrongful behavior. |
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Term
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Definition
| Something done to offenders to prevent them from deciding to commit another offense. |
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Term
| Utilitarianism on Punishment |
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Definition
| The punishing or treating of the criminal offender benefits society, and this benefit outweighs the negative effect on the individual offender. |
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Term
| Ethical Formalism on Punishment |
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Definition
| Supports the retributive view of punishment, where it is not concerned with the consequences of the punishment or treatment, only its inherit morality. Supports punishment because to do otherwise would not be according the criminal equal respect as a human. |
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Term
| Ethics of Care on Punishment |
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Definition
| Would probably not support punishment unless it was essential to help the offender become a better person. |
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Term
| Rawlsian Ethics on Punishment |
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Definition
| We must punish only to the extent that the loss of liberty would be agreeable were one not to know whether one were to be the criminal, the victim, or a member of the general public. The loss of liberty must be justified as the minimum loss consistent with maintenance of the same liberty among others. |
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Term
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Definition
| The effect of punishment whereby the offender feels cast aside and abandoned by the community. |
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Term
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Definition
| The idea that certain types of punishment can lead to a reduction of recidivism as long as they do not involve banishment and they induce healthy shame in the individual. |
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Term
| What are the ethical dilemmas created in ‘supermax’ prisons? |
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Definition
| Brutality, lack of medical care, guards covering up for each other, union officials squelching investigations. Those locked up are troublemakers who aren't dangerous, many are mentally ill offenders who cannot control their behavior and are made even more ill due to isolation and lack of medical services. |
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Term
| Important issues where officers form relationships with inmates. |
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Definition
| When relationships become personal, reciprocity in supervision may occur, along with favoritism. Involvement is possible due to the close proximity of contact and their shared feelings of victimization by the administration. Sexual relations run a continuum of coercion from true love to rape. |
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Term
| Jail officers have a more difficult job than correctional officers because... |
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Definition
| ...they must deal with a transitory population rather than a fairly stable population. Inmates include truant children, violent criminals, misdemeanants, mentally ill, and mentally challenged. Offenders may be intoxicated, have medical problems, mental problems, diseases, and drug overdose problems. Much more chaotic environment. |
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Term
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Definition
| Dealt with a case involving an inmate who had been forced to sit in a chair while two officers hit him in the head and the chest area, with a lieutenant looking on. U.S. Supreme Court held that injuries need not be serious to constitute a constitutional violation if the injury was gratuitous. |
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Term
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Definition
| The administration of drugs to unwilling inmates is not unconstitutional. |
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Term
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Definition
| Held that shackling in the late stages of labor was cruel and unusual punishment. |
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Term
| Primary ethical dilemmas faced by treatment staff in prisons and jails |
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Definition
| Confidentiality, Protection of records, informed consent, refusal of services, discrimination, accuracy and honesty, misuse of information. |
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Term
| Tarosoff v. Regents of the University of California |
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Definition
| Held that psychologists were liable for not warning a victim of imminent harm from one of their client. Treatment professionals do have legal duties to third persons if they have cause to reasonably believe that on of the clients is going to harm that person. |
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Term
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Definition
| Officers write pre-sentence reports to help judges decide sentences. Have the power to recommend revocation. Those sentences are from the courtroom and their time served here is their sentence. |
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Term
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Definition
| Board members makes decisions regarding release, as officers use discretion to manage their caseload. Those participating in this is released from prisons and under supervision for a define amount of time. |
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Term
| different corruption typologies of corrections staff |
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Definition
| Malicious or Purposeful abuse, Negligent Abuse, Systemic or budgetary abuse. |
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Term
| Malicious or Purposeful Abuse (types of corruption in corrections staff) |
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Definition
| Inflicted by individual officers intentionally, including excessive use of force, rape, theft, and destruction of personal property, false disciplinary charges, denial of medical care, and failure to protect. |
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Term
| Negligent Abuse (types of corruption in corrections staff) |
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Definition
| Inflicted by individual officers, but not intentionally, and includes negligent denial of medical care, failure to protect, lack of responsiveness, and negligent loss of property or mail. |
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Term
| Systemic or budgetary abuse (types of corruption in corrections staff) |
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Definition
| System-wide and refers to policies, including overcrowding, inadequate medical care, failure to protect, elimination of visits, use of isolation units. |
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Term
| How serious is sexual victimization in correctional institutions? |
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Definition
| Is no longer a joke, defined as an unacceptable risk of prison life, and the responsibility of prison staff and administrators. |
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Term
| Prison Rape Elimination Act (PREA) |
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Definition
| Passed in 2003 by Congress, mandated that every state keep a record of prison rapes and allocated money to study the problem and develop solutions. |
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Term
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Definition
| One of the experiments that spurred the creation of human-subjects review boards in colleges and universities. College men were arbitrarily assigned to be guards or inmates and a mock prison was set up in the basement of a building on the grounds of Stanford University. One third of the guards became brutal and authoritarian and prisoners became manipulative and broke down mentally. Shows that the environment itself causes people to act in ways they wouldn't act otherwise. |
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Term
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Definition
| Only if there is a grave, lasting, and certain threat, there is no other means to avert the threat, a good probability of success, and the means must not create a greater evil than the threat responded to. |
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Term
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Definition
| The killing of innocent people is wrong, all human life is sacred, wars cannot achieve political and social goals, |
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Term
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Definition
| The “deliberate, negligent, or reckless use of force against noncombatants, by state or non-state actors for ideological ends and in the absence of a substantively just legal process.” |
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Term
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Definition
| Requires all individuals on visas to report to immigration offices, and once there, many were detained for minor violations of their visa. |
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Term
| Protect America Act (2007) |
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Definition
| Allowed the government to wiretap, without a warrant, anyone suspected of being linked to a terrorist group. |
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Term
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Definition
| Held that U.S. Citizens could not be held indefinitely without charges even if they were labeled enemy combatants. |
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Term
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Definition
| Held that detainees in Guantanamo could challenge their detention in U.S. Federal Courts. |
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Term
| Hamdan v. Rumsfeld (2005) |
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Definition
| Held that the military commissions, set up as a type of due process for the detainees were outside the president's power to create and were therefore found invalid. |
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Term
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Definition
| The policing approach that recognizes the police as servants of the public good; although crime control is important, protection of civil liberties is the fundamental mission. |
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Term
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Definition
| The law enforcement principle whereby the values and ethos of law enforcement and justice professionals focus on human rights, including the right to due process, and the fundamental duty of all public servants is to protect those rights. |
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Term
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Definition
| The law enforcement concept that uses means to ends or utilitarian thinking to determine good by the result. |
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Term
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Definition
| Crime is an offense against human relationships. Focuses on victims and the community and putting them in to the justice processes. |
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Term
| Assisting Victims (Priorities of Restorative Justice) |
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Definition
| The first priority of the justice process is to make victims whole again. |
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Term
| Community Restoration (Priorities of Restorative Justice) |
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Definition
| The second priority of the justice process is to restore the community to the degree possible. |
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Term
| Personal Responsibility (Priorities of Restorative Justice) |
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Definition
| The third priority of the justice process is that the offender has personal responsibility to victims and to the community for crimes committed. |
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