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 Define morals and ethics. In your reading, seven (7) major ethical systems are outlined. Explain and describe each system and give an example of how it may be applied. Which system(s) closely align(s) with Scripture?  Please answer in at least 3 – 4 pages, double-spaced, and in a font that is no larger than 12-point. Please document all your sources in APA format, including a title page and reference page. Use your text, Scripture, and outside sources to reinforce your position. Superior presentations typically have 6-8 sources to support your discussion. 

Ethical Dilemmas and Decisions in Criminal Justice

Tenth Edition

Chapter 4

Becoming an Ethical Professional

© 2019 Cengage. All rights reserved.

© 2019 Cengage. All rights reserved.

1

Learning Objectives

Describe biological influences on ethical behavior.

Describe psychological theories that attempt to explain individual differences in behavior.

Describe research that addresses work group influences on behavior.

Explain organizational influences on behavior.

Explain the cultural and societal influences on ethical behavior.

© 2019 Cengage. All rights reserved.

Individual Influences

Biological Factors

Behavior depends on an individual’s biological predispositions.

Learning Theories

Behavior depends on the rewards an individual has received.

Modeling Theory

Reinforcement Theory

Kohlberg’s Moral Stage Theory

Emotional, physical, and cognitive development happen in stages

© 2019 Cengage. All rights reserved.

LO 1: Describe biological influences on ethical behavior.

Biological Factors (1 of 2)

Links between brain and predisposition to certain behaviors.

Research focuses on hormones, including oxytocin, serotonin, and testosterone.

Phineas Gage.

Genetic influences continue to be denied.

Oxytocin as “moral molecule.”

Are women more “moral” than men?

© 2019 Cengage. All rights reserved.

LO 1: Describe biological influences on ethical behavior.

Biological Factors (2 of 2)

Frontal lobes of the brain implicated in:

Feelings of empathy

Shame

Moral reasoning

Individuals with frontal-lobe damage may display characteristics related to unethical behaviors.

Research shows moral decision making seems to take place in different areas of brain.

© 2019 Cengage. All rights reserved.

LO 1: Describe biological influences on ethical behavior.

Learning Theory

Premise: All human behavior is learned; therefore, ethics is a function of learning rather than reasoning.

Modeling

Imitating the behavior of others

Parents and other adults provide role models for children through their behavior

Reinforcement

A behavior that is rewarded will be repeated

After enough reinforcement, the behavior becomes permanent

The individual develops values consistent with the behavior (cognitive dissonance)

© 2019 Cengage. All rights reserved.

LO 2: Describe psychological theories that attempt to explain individual differences in behavior.

Kohlberg’s Moral Stage Theory (1 of 3)

Premise: Moral development, like physical growth, occurs in stages.

They involve qualitative differences in modes of thinking, as opposed to quantitative differences.

Each stage forms a structured whole; cognitive development and moral growth are integrated.

Stages form an invariant sequence; no one bypasses any stage, and not all people develop to the higher stages.

Stages are hierarchical integrations.

© 2019 Cengage. All rights reserved.

LO 2: Describe psychological theories that attempt to explain individual differences in behavior.

Kohlberg’s Moral Stage Theory (2 of 3)

Pre-Conventional Level

Approach to moral issues motivated purely by personal interests

Stage 1: Punishment/Obedience Orientation

Stage 2: Instrument/Relativity Orientation

Conventional Level

Approach to moral issues motivated by socialization

Stage 3: Interpersonal Concordance Orientation

Stage 4: Law-and-Order Orientation

© 2019 Cengage. All rights reserved.

LO 2: Describe psychological theories that attempt to explain individual differences in behavior.

Kohlberg’s Moral Stage Theory (3 of 3)

Post-Conventional Level

Approach to moral issues motivated by desire to discover universal good beyond own self or own society.

Stage 5: Social Contract Orientation

Stage 6: Universal Ethical Principles

© 2019 Cengage. All rights reserved.

LO 2: Describe psychological theories that attempt to explain individual differences in behavior.

Workgroup and Organizational Influence (1 of 2)

Individuals sometimes behave in ways that are contrary to their belief systems when exposed to external influences.

Bandura’s mechanisms:

Moral justification

Euphemistic labeling

Advantageous comparison

Displacement of responsibility

Diffusion of responsibility

Disregard or distortion of the consequences

Dehumanization

© 2019 Cengage. All rights reserved.

LO 3: Describe research that addresses work group influences on behavior.

Workgroup and Organizational Influence (2 of 2)

External conditions are not all powerful.

Bounded ethicality: cognitive structuring whereby decisions are interpreted using variables that do not include ethics.

© 2019 Cengage. All rights reserved.

LO 3: Describe research that addresses work group influences on behavior.

Ethical Climate and Organizational Justice

Research explores the ability to measure the “ethical climate” of an organization.

Leadership, reward structure, and organizational messages affect climate.

Three basic ethical orientations:

Egoism

Benevolence

Principle

© 2019 Cengage. All rights reserved.

LO 4: Explain organizational influences on behavior.

Ethics Training

Sarbanes-Oxley Act of 2002

Most professional schools require at least one class in professional ethics

Differences between ethics courses in college environment and training courses offered at organizations

© 2019 Cengage. All rights reserved.

LO 4: Explain organizational influences on behavior.

Leadership

Ethical leaders should:

Create environment conducive to dignified treatment on the job

Increase ethical awareness

Avoid deception and manipulation

Allow for openness and free flow of unclassified information

Foster sense of shared values

Demonstrate obligation to honesty, fairness, and decency

Discuss issue of corruption publicly

© 2019 Cengage. All rights reserved.

LO 4: Explain organizational influences on behavior.

Societal and Cultural Influences

Organizational culture is subject to external influences.

External influences are both objective (e.g., laws and regulations that constrain the organization), and normative (public belief systems).

© 2019 Cengage. All rights reserved.

LO 5: Explain the cultural and societal influences on ethical behavior.

Discussion Questions

Name as many biological factors that may affect ethics as you can. In what ways to these factors affect ethics?

Critique your own moral stage using Kohlberg.

Have you ever used moral justification for an action you knew was wrong? Did you ever tell someone else that you’d done so?

© 2019 Cengage. All rights reserved.

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Ethical Dilemmas and Decisions in Criminal Justice

Tenth Edition

Chapter 3

Justice and Law

© 2019 Cengage. All rights reserved.

© 2019 Cengage. All rights reserved.

1

Learning Objectives

Describe the three themes included in the definition of justice.

Define Aristotle’s distributive and corrective justice.

Distinguish between substantive and procedural justice, including how procedural justice impacts wrongful convictions and perceptions of racial discrimination.

Explain the concept of restorative justice and the programs associated with it.

Describe civil disobedience and when it may be appropriate.

© 2019 Cengage. All rights reserved.

Introduction

Three themes when discussing justice:

Fairness

Equality

Impartiality

© 2019 Cengage. All rights reserved.

LO 1: Describe the three themes included in the definition of justice.

Origins of the Concept of Justice

The concept of justice originates in the Greek word dike, which refers to everything staying in its proper place.

Plato believed justice was achieved by maintaining the social status quo. He classed it as one of the four civic virtues (along with wisdom, temperance, and courage).

Aristotle believed justice was the basis of law, defining it as the unwritten customs of a people that distinguish between what is and is not honorable.

© 2019 Cengage. All rights reserved.

LO 1: Describe the three themes included in the definition of justice.

Distributive Justice (1 of 4)

Justice involves rightful possession of:

Economic goods (income or property)

Opportunities for development (education or citizenship)

Recognition (honor or status)

Since some possessions are scarce, justice requires that goods be distributed using standards of entitlement such as need and desert.

© 2019 Cengage. All rights reserved.

LO 2: Define Aristotle’s distributive and corrective justice.

Distributive Justice (2 of 4)

Various theories can be categorized as:

Egalitarian theories

Marxist theories

Libertarian theories

Utilitarian theories

© 2019 Cengage. All rights reserved.

LO 2: Define Aristotle’s distributive and corrective justice.

Distributive Justice (3 of 4)

Rawl’s theory of justice:

Each person is to have an equal right to the most extensive total system of basic liberties compatible with a similar system of liberty for all.

Social and economic inequalities are to be arranged so that they are both reasonably expected to be to everyone’s advantage and attached to positions and offices open to all.

© 2019 Cengage. All rights reserved.

LO 2: Define Aristotle’s distributive and corrective justice.

Distributive Justice (4 of 4)

Criticisms of Rawls

The veil of ignorance cannot counteract human selfishness and self-interest.

Preferring the least well-off is bad for a society; leads to lack of incentive, decline of standards.

Rawls’s approach to distribution ignores desert and merit.

© 2019 Cengage. All rights reserved.

LO 2: Define Aristotle’s distributive and corrective justice.

Corrective Justice (1 of 4)

Substantive justice: refers to issues of inherent fairness

Retributive justice: balance

Concept of mercy

Sanctuary allows a person respite from punishment within the confines of church grounds.

Utilitarian justice: only supports punishment if it benefits society

© 2019 Cengage. All rights reserved.

LO 3: Distinguish between substantive and procedural justice, including how procedural justice impacts wrongful convictions and perceptions of racial discrimination.

Corrective Justice (2 of 4)

Procedural justice: steps taken to reach determination of guilt or punishment

Herrera v. Collins (1993)

In re Troy Anthony Davis (2009)

Holland v. Florida (2010)

© 2019 Cengage. All rights reserved.

LO 3: Distinguish between substantive and procedural justice, including how procedural justice impacts wrongful convictions and perceptions of racial discrimination.

Corrective Justice (3 of 4)

Procedural Protections

Notice of charges

Neutral hearing body

Right of cross-examination

Right to present evidence

Representation by counsel

Statement of findings

Appeal

© 2019 Cengage. All rights reserved.

LO 3: Distinguish between substantive and procedural justice, including how procedural justice impacts wrongful convictions and perceptions of racial discrimination.

Corrective Justice (4 of 4)

Procedural justice research

Illustrates importance of procedural justice as it affects legitimacy of entire justice system

Elements of procedural justice:

Voice

Neutrality

Respect

Trustworthiness

© 2019 Cengage. All rights reserved.

LO 3: Distinguish between substantive and procedural justice, including how procedural justice impacts wrongful convictions and perceptions of racial discrimination.

Wrongful Convictions (1 of 2)

One reason people distrust justice system

National registry of false convictions created by University of Michigan Law School and Center on Wrongful Convictions at Northwestern University School of Law

Innocence Project

© 2019 Cengage. All rights reserved.

Wrongful Convictions (2 of 2)

Reasons for false convictions

Defense lawyers’ incompetence

Suppression of exculpatory evidence

False/mistaken eyewitness identification

Invalid forensic science

Informant/jailhouse informant perjured testimony

Government misconduct

Bad lawyering

© 2019 Cengage. All rights reserved.

Race, Ethnicity, and Justice

Perceptions of blacks and whites differ regarding the criminal justice system.

Race permeates the criminal justice system.

Disproportional representation of blacks in certain crime categories

Racial profiling by police

Lack of access to competent attorneys

Disparate sentencing

Blacks disproportionately responsible for crime, leads to:

Racial profiling

Saturation patrols

© 2019 Cengage. All rights reserved.

Restorative Justice

Emphasizes compensation over retribution

Returns focus to rights and needs of the victim

Requires restoration of victims, offenders, and communities injured by crime

Integrates victims, offenders, and communities more into the justice process

Leaves government responsible for order, but makes community responsible for peace

© 2019 Cengage. All rights reserved.

LO 4: Explain the concept of restorative justice and the programs associated with it.

Immoral Laws and the Moral Person (1 of 2)

Immoral laws deprive certain groups of liberty or treat some groups differently, giving them either more or fewer rights and privileges than other groups.

Unjust laws have the following characteristics:

They are degrading to humans.

They are discriminatory against certain groups.

They are enacted by unrepresentative authorities.

They are unjustly applied.

Most ethical systems condemn such laws.

© 2019 Cengage. All rights reserved.

LO 5: Describe civil disobedience and when it may be appropriate.

Immoral Laws and the Moral Person (2 of 2)

Civil disobedience: voluntary disobedience of established laws

Milgram experiments

Widespread belief that law is synonymous with morality

© 2019 Cengage. All rights reserved.

LO 5: Describe civil disobedience and when it may be appropriate.

Discussion Questions

How do the Egalitarian, Marxist, Libertarian, and Utilitarian theories apply to the wide disparities in salaries found in the United States? See Box 3.1 for CEO salary examples.

Explain your thoughts on media coverage of police shootings with respect to the race of the shooters. Do media outlets cover incidents differently?

Can you think of a scenario in which restorative justice would not be the best approach? Why?

© 2019 Cengage. All rights reserved.

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