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Discretion

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The authority to make a decision between two or more choices

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Wholesight

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Exploring issues with one's heart as well as one's mind.

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morals

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Principals of right and wrong.

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ethics

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The discipline of determining good and evil and defining moral duties.

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meta-ethics

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The discipline of investigating the meaning of ethical terms, including a critical study of how ethical statements can be verified. (Are they relative or universal?; self constructed or independent?)

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normative ethics

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What people ought to do; defines moral duties.

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applied ethics

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The study of what is right and wrong pertaining to a specific profession or subject. (How used in a field)

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professional ethics

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Applied principals of right and wrong relevant to specific occupations or professions.

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duties

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Required behaviors or actions.

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superogatories

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Actons that are commendable but not required in order for a person to be considered moral. (above & beyond)

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imperfect duties

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Moral duties that are not fully explicated or detailed.

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values

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Judgements of desirability, worth, or importance. (prioritization of desirable traits)

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ethical issues

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Difficult social questions that include controversy.

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ethical dilemmas

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Situations in which it is difficult to make a decision either because the right course of action is not clear or the right course of action carries some negative consequences.

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morals and ethics relate to

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relate to standards of behavior; come from Greek and Latin roots meaning custom or behavioral practices

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Examples of how discretion permeates every phase of CJ and creates ethical dilemmas for CJ professionals:

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Each stage of CJ system professionals have discretion or power to choose behaviors. Legislature creates laws, PO's enforcement, Prosecution on charges, Judges on evidence, Corrections on daily lives

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Why is ethics important in CJ?

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There are many opportunities for abuse of power or coercion; Public servants have special duties; Sensitize to issues, provide tools to identify and resolve dilemmas.

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What behaviors may fall into moral/ethical judgements?

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Those ACTS that can be judged under moral critera committed by HUMANS, of FREE WILL, and which AFFECT OTHERS.

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Difference between Ethical Issues and Dilemmas?

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Issues - are broad in nature, affecting society. Dilemmas - are independent personal events, may be right or wrong, decision presents challenge.

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Public Servant

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funded from Public funds and held to a higher standard because they have taken on special duties involving public trust.

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Felkenes's 6 reasons for CJPs to study ethics:

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1. Profession is dependent on moral and ethical behavior 2. Training develops analytical skills and reasoning needed to understand the pragmatic and theoretical aspects of CJ system. 3. CJPs need to quickly recognize ethical consequences of actions and the moral principals involved. 4. Considerations are central to discretion, force, and due process decisions. 5. Germane to mgmt and policy decisions ie rehab, deterrence.. 6. Essential aspects of CJ research.

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Four elements that specify the types of behaviors that are judged under CJ Professional ethics:

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1. Acts involving citizens/clients (harassment/mal-mis-feasance) 2. Acts involving other employees (harassment, gossip, lying..) 3. Acts involving one's Org. (theft, work ethic, false reports..) 4. Acts involving subordinates (discipline, demands, criticism..)

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Groups traditionally exempt from legal and moral culpability (& why);

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The Young and Insane - Capacity to reason (must be sufficiently aware of the world to be able to decide rationally between good and bad).

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What are the 5 steps in analyzing an ethical dilemma?

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1. Identify the facts 2. Identify relevant values and concepts 3. Identify all possible moral dilemmas for each party involved 4. Decide which is the immediate moral or ethical being faced 5. Resolve the dilemma by using an ethical system or other means of decision making.

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Ethical System

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A structured set of principles that defines what is moral.

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deontological ethical system

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The study of duty or moral obligation emphasizing the INTENT of the actor as the element of morality.

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teleological ethical system

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An ethical system that is concerned with the CONSEQUENCES or ends of an action to determine goodness. ("End justifies means")

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ethical formalism

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The ethical system espoused by Kant that focuses on DUTY; holds that the only thing truly good is GOOD WILL, and that what is good is that which conforms to the CATEGORICAL IMPERATIVE.

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3 principals of ethical formalism (Kant)

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1. Act only on what would be acceptable if it were universal law. 2. Act toward humanity only towards good end - never for means. 3. Act freely in consistency with universal law.

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hypothetical imperative

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Statements of contingent demand known as if-then statements (opposite of categorical imperative which are "musts" with no "ifs")

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categorical imperative

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The concept that some things just must be, with no need for further justification, explanation, or rationalization to why they exist. (should do duty, act as want all to act, and not use people)

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utilitarianism

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The ethical system that claims that the greatest good is that which results in the greatest happiness for the greatest number.

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act utilitarianism

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They type of utilitarianism that determines the goodness of a particular act by measuring the utility (good) for all, but only for that specific act and without regard to future actions.

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rule utilitariansim

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The type of utilitarianism that determines the goodness of an action by measuring the utility of that action when it is made into a rule for behavior.

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natural law

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The idea that principals of morals and rights are inherent in nature and not human made, such laws are discovered by reason but exist apart from humankind.

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ethics of virtue

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The ethical system that bases ethics largely upon character and posession of virtues.

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principal of the golden mean

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Aristotle's concept of moderation, in which one should not err toward excess or deficiency; this principle is associated with the ethics of virtue.

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ethics of care

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The ethical system that defines good as meeting the needs of others and preserving and enriching relationships.

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peacemaking justice

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An ancient approach to justice that includes the concepts of compassion and care, connectedness and mindfulness.

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egoism

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The ethical system that defines the pursuit of self-interest as a moral good.

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psychological egoism

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The concept that humans naturally and inherently seek self-interest, and that we can do nothing else because it is our nature.

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enlightened egoism

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The concept that egoism may appear altruistic because it is in one's long-term best interest to help others in order to recieve help in return.

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imperative principle

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The concept that all decisions should be made according to absolute rules. (Religious or absolutist ethics)

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utilitarian principle

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The principle that all decisions should be made according to what is best for the greatest number.

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generalization principle

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The principle that all decisions should be made assuming that the decision would be applied to everyone else in similar circumstance. (Ethical Formalism)

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5 questions a CJP facing an ethical question should ask:

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1. Does the action violate any person's rights incl. due process? 2. Does the action involve treating a person as means to an end? 3. Is the action illegal? 4. Will the action produce more bad than good for all affected? 5. Does the action violate dept proceedure or professional duty?

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cultural relativism

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The idea that values and behaviors differ from culture to cultrue and are functional in the culture that holds them.

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principal of forfeiture

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The idea that one gives up one's right to be treated under the princples of respect for persons to the extent that one has abrogated someone else's rights. (self defense acceptable defense - associated with deontological ethical system)

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situational ethics

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The philosophical position that although there are a few universal truths, different situations call for different responses; therefore, some action can be right or wrong depending on the factors

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moral pluralism

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The concept that there are fundamental truths that may dictate different definitions of what is moral in different situations. (Resolves difference between absolutism and relativism)

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Relativism

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position that what is good or bad changes depending on the individual or group and there are no moral absolutes; what is right is dependent on culture and individual beliefs. (Syn Situational Ethics)

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Ethical Systems

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provide the guidelines or principles to make moral decisions.

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Key Principal: Ethical Formalism

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What is good is that which conforms to the categorical imperative.

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Key Principal: Utilitarianism

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Good = good for greatest number

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Key Principal: Religion

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Good = God's will

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Key Principal: Natural Law

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Good = that which is natural

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Key Principal: Ethics of Virtue

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Good = that which conforms to the Golden mean

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Key Principal: Ethics of Care

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Good = meets the needs of those concerned

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Key Principal: Egoism

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Good = benefits oneself

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3 consistent elements of most approaches:

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1. must know the facts 2. apply "front page" test 3. use a formula or set of ethical principles to resolve dilemmas

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3 parts of the Ethical Pyramid

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Moral Judgement (top) Moral Rules (middle) Ethical System (bottom)

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4 characteristics of moral systems (Baelz)

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1. Prescriptive - behavior is demanded or prescribed 2. Authoritative - not subject to debate 3. logically impartial or universal - applies in all cases to everyone 4. Not self serving - directed towards others, good = all not indiv.

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3 ways humans "know" God's will

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1. Individual concience 2. Religious authorities 3. Holy scriptures

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6 Pillars of character:

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1. Trustworthiness 2. Respect 3. Responsibility 4. Fairness 5. Caring 6. Citizenship

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3 Principals of Ethical decision making: (Krogstand and Robertson)

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1. The Imperative Principle - to look at obligations and duties 2. The Utilitarian Principle - to examine moral ideas 3. The Generalization Principle - to evaluate against consequence

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Situational ethics vs. Relativism

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Relativism takes cultural differences into account and has no absolutes, whereas Situational ethics recognizes some absolute truths while also recognizing multicultural truths.

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