M6A1 Paper 3
Ethics is a branch of philosophy that sets the parameters regarding what is right Vis a
Vis what is wrong and how human beings ought to
... [Show More] live (Schools, 2019). In broad terms, it
involves making ethical verdicts regarding what is good or bad and what is right or wrong.
Wrong and correct qualities or ethical convictions that are assigned to actions or behavior.
There are three subdivisions when it comes to the study of ethics. The first branch is referred
to as metaethics that is concerned with the reasoning used in interpreting ethical terms as well
as the logical structure and language. The second one is applied ethics that pertains to
resolving practical ethical issues as they arise especially in professions like law or medicine.
The last branch is normative ethics. This is concerned with ways of acting and values of
conduct. Ethics provides a clear direction for people to make decisions whenever they are
faced with a moral dilemma. This paper focuses on ethical values in the criminal justice
system and scenarios where they arise as well as the solutions that can be used to mitigate the
difficulties.
Ethics assists people arrive at well thought out decisions in instances of a moral
dilemma. If people can't draw from a moral context, they will have to rely on personal values,
instincts, and emotions. Unfortunately, all these cannot supply satisfactory solutions to moral
dilemmas. Professionals in criminal justice may be naïve to ethical issues that occur daily in
their field without knowledge on the same. As such, the study of ethics comes in handy in
assisting such Professionals in recognizing the moral penalties of their actions as well as the
moral values involved. Ethics is relevant to most policy and management decisions within the
realms of criminal justice relating to penalty. Consequently, it is the basis used in making
choices like whether to impose deserts, deter not to imprison.
Examples of such policy and management issues include if it is moral for a person to
join a management course against his or her will provided the organization of penalty is
3M6A1 PAPER 3
based on reintegration. Whether it is okay to send a criminal to jail and not provide packages
to assist such a person change behavior in regaining freedom. The justice system consists of
people who exercise authority that has been given over other people. In such circumstances,
such officers are mandated to use force as well as coercion against offenders. The law,
therefore, imposes the accepted ideals of conduct by imposing ethical responsibilities and
rules on such specialists. It follows that persons in the system should be aware of moral
standards as they carry out their functions (Zegarra, 2019). Ethics is vital in matters
concerning due process, force, and discretion since that in criminal justice can at times, be
attracted to misuse their constitutional powers.
Ethical Issue in Criminal Justice
A shootout occurred between a criminal and police officers in New Orleans in 1990.
The incident involved an African American named Archie and officers from the local
department. The officers accused Archie of shooting and killing a white police officer. Later
on, Archie died under police custody under unclear circumstances. The incident was marred
by suspicion since it took the officers about 12 minutes to transport the offender to a
healthcare facility despite the hospital being only seven blocks away. When Archie arrived at
the hospital, about 100 other officers were present in their attempt to show their solidarity to
their colleague who had died. Forces radios were used to deter death intimidations against
Archie when he was being taken to hospital. As such, the officers decide to take him to a
different hospital since there were rumors of lynching that had been made to the nearest
facility. Instead, the officers took him to the local police position where the killed person
worked. Subseuqblty, the police alleged that there was a fracas at the station resulting in the
injury of Archie. However, the sergeant at the station claimed that he did not see Archie or
the officers. Besides, he never asked about the bloodstains but only ordered that they are
cleaned up.
4M6A1 PAPER 3
Upon receiving medical treatment, it was clear that Archie had received severe
beatings that caused the injuries he suffered. However, no officers were held responsible. To
worsen the situation, the nurses were unable to record his details, and his X-ray results also
disappeared (Singer, 1995). The cause of his death was found to have resulted from an iodine
injection to which he as allergic. Contrary to those occurrences, another pathologist recorded
that Archie had been beaten to death.
To makes matters worse, the coroner said that his demise was a homicide. Shortly
after his death, the police chief cleared all the convoluted officers of any wrongdoing in the
incident. Later on, in May 1993, a comment on human rights said that Archie had been
brutalized by officers, and the police chief had failed to hold them liable. In addition to that,
the committee also noted a code among the police that prevented the officers from speaking
the truth.
It was not until three years after the unfortunate incident that a report concluded that
the police had acted badly. None of the officers were sanctioned or impeached managerially
despite the extreme circumstances of this case. This was primarily due to the officers’ code
that was part of a practice that had been institutionalized by the police. Shockingly, officers
who were tasked with transporting Archie to the station acted contrary to what was expected
and instead detained him at the station (Singer, 1995). By the time he was receiving
treatment, he had received a thorough beating and died later on. Several ethical issues arose
from this incident. Such questions revolved around the use of too much force by the officers,
police cover-up of illegal acts, and lastly, possible police perjury.
Normative Ethics
Normative ethics is a critical aspect when it comes to making ethical decisions
injustice. A fundamental notion is that a person's behavior must take into account ethical
matters. That is, a person should acts ethically by applying reason. Ethics offers a way for
5M6A1 PAPER 3
people to make choices in circumstances where they are unsure of how to behave. The
approach to set a standard of behavior is referred to as an ethical belief. On the other hand,
other people say that one set of moral codes apply across all cultures. As such, people are
beholden to do the correct thing.
Ethical Relativism
People who subscribe to this belief argue that what is morally wrong or right varies
from culture to culture or from person to person. A moral judgment is only valid for a
particular social group or person. Therefore before deciding on whether to judge a person,
someone must first use the parameters of whether such a person acted immorally as per the
principles of their culture and not of those of the offended party. There are impartial moral
morals as long as wrong or right are used comparatively.
Solutions
In the case of Archie highlighted above, it is crystal clear that the officers acted
outside the parameters of the law. Officers are expected to trail the morals of law
implementation as defined by the Police Association. Frequently, this code of morals creates
problems for those serving to sustain the law. Several issues in modern-day law
implementation include profiling, acting impartially, using unnecessary force, and finally off-
duty life.
Off-Duty Life
In most jurisdictions, officers are held in high standards that require them to act in a
manner that reflects the truthfulness of their jobs. Consequently, officers may uphold a
skilled appearance always since they are under analysis. Moreover, they rely on the
community to support the beliefs they hold. As such, police officers are expected to observe
and respect the law at every moment, a factor that sometimes puts them in conflict with
others.
6M6A1 PAPER 3
Upholding the Law
Every agent takes a pledge to enforce the rule and protect the privileges that have
been bestowed on people by the constitution. One of the matters that a police officer faces is
the capability to defend these pledges in instances where they are inconsistent. Such
illogicalities can be found in the narcotics laws that have been set by a country. Such laws
dictate that officers should always act in the best interest of the nation and not that of an
individual. For instance, a person could lose custody of their children, face imprisonment, job
loss, or lose social repute when caught by marijuana seeds. However, a law enforcement
officer can't consider this right to liberty since, in doing so, they would be contravening the
law if they do not take the offender into custody.
Use of Unnecessary Force
The Movement of black people highlighted the concern regarding the use of excessive
and needless strength by the police. One of the primary aims of the movement was the desire
to hold officers accountable for any cases where they have used excessive or unnecessary
force. Police are mandated to use the required power while on duty. Conversely, their use of
unnecessary force in some instances is unjustified. This ethical issue faced by the police
every day puts their lives in hazard whenever they are handling non-compliant people. Under
most circumstances, an officer must make a swift choice on the amount of force to use since
miscalculation could result in the death or injury of the police. Officers can, at times, be
coerced to use unnecessary force in high-stress environments.
For science, the case of Archie is one of those where police officers went overboard
and used unnecessarily for in handing an offender. Their use of extreme force as evident in
the manner in which they brutalized Archie after they had taken him into custody. Severe
injury that had been inflicted on his body was the primary cause of his death, as proven by
the pathologist. The officers’ use of excessive force was unjustified in this instance even
7M6A1 PAPER 3
though the offender had committed a heinous crime. The police were faced with the moral
dilemma of taking Archie to the hospital or detaining him and torturing him (Fitch, 2011).
They chose the latter, which ultimately resulted in the death of the suspect. The code of
silence that had been institutionalized by the officers was also another reason why the
resemble officers were cleared of any wrongdoing by the police superintendent. One of the
solutions that can be applied in this scenario is to introduce checks and balances that will
limit the actions of police in instances when they have arrested armed criminals. Such
mitigations can include but not limited to playing the individual in custody of other police
departments where they may not be harmed. Additionally, police officers should also be
sensitized on the dangers of using excessive force on offenders regardless of the circumstance
that has led to their arrest. In Archie’s situation, the officers treated him with unwarranted
brutality after they accused him of killing one of their officers during a shootout.
Conclusion
Professionals tasked with law enforcement are always faced with moral matters when
in their line of duty. Ethics in law enforcement push officers to exhibit conduct that is higher
than that of the average citizen. It is vital that citizens understand the various ethical issues
that are faced by the police daily so that there can be a harmonious relationship between the
police and the populace.
References
Fitch, B. (2011, January 3). The Police Chief 78. Retrieved November 22, 2019, from
nextbook.com: http://www.nxtbook.com/nxtbooks/naylor/CPIM0111/#/2
Schools, B. V. (2019). 5 MODERN ETHICAL ISSUES IN LAW ENFORCEMENT.
Best Value Schools.
Singer, P. (1995). The Importance of. Sage Publications, 3-12.
8M6A1 PAPER 3
Zegarra, M. (2019, May 7). Florida National University. Retrieved November 22,
2019, from fnu.edu: https://www.fnu.edu/cheat-sheet-ethical-dilemmas-law-enformecent/
Please provide a comprehensive critique of the contents and APA formatting in the attached paper. [Show Less]