Professional Documents
Culture Documents
The seventh edition of this book continues to present ethics as an “umbrella of civility” under
which criminal justice agents and the public look at the law and ethical issues in criminal jus-
tice. In this book, students and practitioners will be introduced to the fundamentals of ethical
theory and will be asked to apply ethical theory to decision-making in criminal justice. It is
the hope of the authors that discussing critical ethical issues in the college classroom will
help students make ethical decisions in the field as they advance in careers in policing, law,
or corrections and as informed citizens who vote and participate in American governmental
institutions.
The seventh edition has several new features. First, the discussion of criminal justice
ethical issues is updated. The new edition includes discussion of such recent matters as
police shootings, major investigations of the police in Ferguson, Missouri, Baltimore, and
Chicago, the war on drugs, life sentences, the ideal versus the reality in juvenile justice,
juvenile life without parole, the swift and certain deterrence model in probation, the case
for evidence-based rehabilitation interventions, the Good Lives Model, faith-based prisons,
elderly prisoners, and an update on the question of the deterrent impact of capital punish-
ment. The analysis of racism in Chapter 7 is completely updated with discussion of recent
books by Michelle Alexander and Paul Butler. Second, the discussion of ethical theories is
quite similar, but we have put in some boxes to relate current developments to the theoretical
discussions. Third, Chapters 11, 12, and 13 on police, prison, and probation, respectively,
now have boxes that highlight issues discussed in the chapter and conclude with questions for
class discussion. Fourth, Chapter 14, the final chapter, now includes a section on the future of
criminal justice ethics.
Readers of previous editions will notice that a second author has joined with Professor
Souryal. The second author thanks Professor Souryal and the publisher for asking him to
work on this new edition. He has taught criminal justice ethics for some time and hopes that
his insights into criminal justice ethical issues will add to the impressive tradition of Professor
Souryal’s work.
xiv PREFACE TO THE SEVENTH EDITION
Both authors thank the editors and staff at Routledge for their expert work in preparing
this edition for publication. We also thank Michael Braswell for his encouragement for this
project.
Sam S. Souryal
John T. Whitehead
March 2019
Preface to the Sixth Edition
Despite advances in the legal and technological aspects of criminal justice, practitioners
continue to face difficult moral choices. These include whether to arrest, use deadly force,
prosecute, offer plea bargaining, impose punishment, and, from an organizational standpoint,
whether to comply with policy, cooperate with supervisors, or treat the public equitably. As
in other public service sectors where discretion is essential, individual and institutional eth-
ics become major vectors. Surprisingly, while the consequences of such choices continue to
cause great public anguish, the moral grounds for these choices have seldom been examined.
In a free society, issues of crime and punishment are perhaps the most deserving of the
moral imperative of justice—a quality the state must extend freely to the guilty and the inno-
cent alike. Moral behaviors need no validation by the state, because they constitute justice
unto themselves. Thus, in responding to immoral behaviors, civilized governments cannot
rightfully employ immoral means. Succinctly stated, the more civilized the state, the more
willing it is to address the “worst in us” by the “noble means” available.
The purpose of this book is not to question the value of the law as the primary instrument
of criminal justice but to present ethics as an “umbrella of civility” under which the law can
be more meaningful, rational, and obeyable. By way of analogy, if the law is compared to
the Old Testament, ethics is comparable to the New Testament. They complement each other,
making Christianity blissful and tolerable. This view of ethics may not impress hardened
practitioners who believe that we “live by the law” but forget that we also “die by the law.” By
the same token, this view may not enthuse students who are so enamored with the trimmings
of criminal justice that they overlook its noble substance. To both of these groups, there is
one rational reply: “No one is free until we can see the truth of what we are seeking.” Without
capturing the truths of criminal justice, we are left with images that may be not only irrational,
but also disgraceful.
This book rejects the cynical view that ethical knowledge and moral character are periph-
eral to the administration of justice. Indeed, every action in the administration of justice is
directed either by the moral of a rule or policy or by the moral judgment of the practitioner
xvi PREFACE TO THE SIXTH EDITION
who implements it. Furthermore, the obligation to “establish justice and insure domestic tran-
quillity” continues to be the central force behind any act of criminal justice. Therefore, with-
out a fresh look at our weaknesses, biases, and prejudices, the young discipline of criminal
justice will grow into a degenerative field; more like a temple without a god, a body without
a soul, and a theory without a meaning.
In this book, students and practitioners will be introduced to the fundamentals of ethical
theory, doctrines, and controversies, and the rules of moral judgment. They will be exposed
to the ways and means of making moral judgment—but not in specific situations. That is
beyond the capacity of any book and must be left to the minds and hearts of the well-informed
practitioner. Knowledge will be presented in two forms: (1) a thematic perspective that will
examine ethical principles common to all components of the discipline, such as wisdom,
goodness, morality, and justice as well as the common vices of deception, racial prejudice,
and egoism; and (2) an area-specific perspective that will address the state of ethics in polic-
ing, corrections, and probation and parole.
Every academic discipline or professional field is born and slowly grows from an infant
into maturity. In the process, practitioners test its limits, establish its boundaries, and legit-
imize its claims. During the maturation process, serious excesses and failures appear that
create contradiction between the goals of the field and the means by which objectives are to
be met. In attempting to reason away contradiction, an introspection usually occurs urging
caution, denouncing falsity, and searching for the truth. This introspection gradually hardens,
constituting the collective conscience of the discipline—its soul. Eventually, the soul becomes
instrumental in halting intellectual ostentation, in exposing fallacies, and in reaffirming basic
values. This collective conscience keeps a vigilant eye whenever new technology is intro-
duced or a major policy shift is inaugurated. In time, the membership of the discipline or field
comes to recognize that collective conscience and call it by its true name: professional ethics.
The field of criminal justice is certainly young, but not too distant from maturity. It lacks
a unifying philosophy that can give it autonomy and inner strength. Primary issues of crime
and justice still beg for clarification. Secondary issues continue to frustrate rationality, for
instance, the role of the police in maintaining order, the role of prosecutors in controlling entry
into the system, the role of judges in dominating the sentencing process, the role of victims in
reclaiming the central court of justice, and the role of lawbreakers in sabotaging the system
by ingenious means. All such claims compete in an environment of ambiguity, egoism, and
fear. The resulting picture is a mosaic of incoherence and lack of scruples. Consequently, the
field has not proven successful beyond mere survival. Its efficacy has been questioned, both
from within by its officials and from without by its users. Few artificial reforms have been
introduced in the area of criminal justice management, the field’s most logical instrument of
reform. Top management is often controlled by a syndicate of lobbying bureaucrats who lack
integrative thinking and, at times, the tenacity to reason away simple problems. Middle man-
agers are unwitting brokers who “dance on the stairway”; they are as hesitant to face those at
the top as they are reluctant to confront those at the bottom. Frontline workers operate as an
PREFACE TO THE SIXTH EDITION xvii
Both authors are grateful to our students who asked questions that challenged us and moti-
vated us to keep asking questions ourselves. Our students reminded us that we were in their
shoes only a few years earlier. Their enthusiasm about criminal justice and about ethical ques-
tions made teaching fresh every semester.
We also acknowledge our colleagues who challenged us to think and question. They
often gave us ideas and points of view that we had not thought of on our own. If not for them,
several projects in our careers would never have succeeded.
We are grateful to the editors and all at Routledge and their associates who work so hard
to guide, edit, and produce the books they publish. The editors we have worked with have
been helpful in countless ways. We specifically thank Gabriele Gaizutyte, our Production
Editor at Routledge, and Jennifer Bonnar, our Project Manager at Apex CoVantage (the com-
pany responsible for the typesetting, copyediting, and indexing tasks). We also thank Michael
Braswell, who has been an inspiration, colleague, and friend.
1 Acquainting Yourself
With Ethics
A Tour of the Ethics Hall of
Fame
Or are you a clear thinker examining what is good and useful for society and spending your life in
building what is useful and destroying what is harmful?
—Kahlil Gibran, Mirrors of the Soul
Good laws lead to the making of better ones; bad laws bring about worse. As soon as any man says
of the affairs of the State, “What does it matter to me?” the State may be given up for lost.
—Jean-Jacques Rousseau
The present moral crisis is due among other things to the demand for a moral code which is
intellectually respectable.
—R. Niebuhr
To understand the foundation of ethics, you should learn about the virtue of
knowledge and reasoning, the sources of intellect, the nature of truth, the
nature of reality, the nature of morality, the nature of goodness, the relationship
between actions and consequences, determinism and intentionalism, and the
image of the ethical person.
You will also learn about the reasoning process, Plato’s divided line, the defi-
nition of morality and ethics, the grammar of goodness, the principle of summum
bonum, and the utilitarianism measure.
2
2 ACQUAINTING YOURSELF WITH ETHICS
OVERVIEW
Compared with other disciplines, criminal justice is an infant discipline. This is probably
one reason why it is far more concerned with crime rather than with justice and with pro-
cess rather than with philosophy. As a result, most criminal justice students and practitioners
today have not been adequately exposed to the philosophy of justice or, for that matter, to
any serious philosophical studies. Courses in ethics and justice are not usually required for a
criminal justice degree, nor are they included in programs of professional training. A study in
the ethics of criminal justice may, therefore, be an alien topic and can understandably cause
a degree of apprehension. In order to reduce your anxiety and to better acquaint you with the
topic, this chapter is designed to take you on a tour of the world of ethics. I will take you,
if you will, on a journey into the “Ethics Hall of Fame,” introduce you to key concepts, and
familiarize you with the works of leading philosophers. Knowledge gained from this chapter
will serve as the foundation for the remainder of this book. Figure 1.1 illustrates the layout of
the Ethics Hall of Fame.
Our first stop on this tour is at a pedestal supporting the bust of Socrates. The sculpture sym-
bolizes the virtue of knowledge because Socrates was considered the wisest man in ancient
Greece.
Born in Athens—at the time, the greatest democracy of all—Socrates spent his entire
life in search of the truth. Not surprisingly, he was later hailed as the patron saint of Western
philosophy. We are more certain of the facts of his death than of the circumstances of his life
because Socrates left no record of his own. The information about his accomplishments was
gathered from the accounts of his disciples, particularly Plato, who was his most prominent
student. According to these accounts, Socrates was an outstanding philosopher who served
Athens well during times of war and peace.
Exploring Virtue
Socrates’s typical method of exploring virtue was by arguing against popular but erroneous
beliefs in what was known as the dialectic method. Such arguments were conducted in a
dialogue form in which the parties involved would engage in an exchange of questions and
ACQUAINTING YOURSELF WITH ETHICS 5
answers. The direction of questions and the validity of answers would point out the presence
of contradiction or fallacy. By continuing this process, the truth of the disputed question
would be either established or denied. The dialectic method, which was the trademark of
ancient Greek philosophy, was later labeled the Socratic method in honor of its most skillful
master.
In his philosophical teachings, Socrates addressed general topics such as knowledge,
wisdom, and character, and he also discussed specific ideas of a moral nature, such as good-
ness, courage, and temperance. Regardless of the topic of inquiry that Socrates pursued, there
is no doubt that his overall aim was to reeducate the people of Athens in the nature of arete,
or virtue.
on whether the act or the policy is consistent with reasoning, the highest level of intellectual
capacity.