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Ethical Dilemmas and Decisions in
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Ethical Dilemmas and Decisions in
Criminal Justice
tenth EDITION
J o y c e ly n M . P o l l o c k
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Printed in the United States of America

Print Number: 01 Print Year: 2017
To Greg and Eric, as always
About the Author
Joycelyn M. Pollock received her Ph.D. in Criminal J ustice
from the State University of New York, Albany. She also
obtained a J.D. from the University of Houston, and passed
the Texas Bar in 1991. She has retired from university teach-
ing and is a University Distinguished Professor, Emeritus
from Texas State University. She continues to be involved in
training and consulting in criminal justice.
The first edition of Ethics in Crime and Justice: Dilemmas and Decisions was published
in 1986 and continues to be one of the leading texts in the field. Dr. Pollock has published
over 15 separate books, many with multiple editions, including Crime and Criminal Justice
in America, 3rd Ed. (2016); Morality Stories, 3rd Ed. (with Michael Braswell and Scott
Braswell, 2016); Criminal Law, 11th Ed. (2016); Women’s Crimes, Criminology and
Corrections (2015); and Prisons and Prison Life: Costs and Consequences, 2nd Ed. (2014).
She has delivered training to police officers, probation officers, parole officers,
constables, correctional administrators, and other groups in the areas of sexual harassment,
ethics, criminology, ethical leadership, and other subjects. She has taught at the Houston
Police Academy, the Bill Blackwood Law Enforcement Management Institute, and the
California Department of Corrections and Rehabilitation Leadership Institute, and has
been a guest speaker for the International Association of Policewomen, the Texas Juvenile
Justice Association, and the Southwest Legal Institute, among other groups. In 1998, she
was awarded a Fulbright Teaching Fellowship to Turku School of Law in Turku, F inland.
She was also a recipient of a Senior Scholar Justice award from the Open Society Institute.
The Academy of Criminal Justice Sciences has honored her with the Bruce Smith Award
for outstanding contributions to the field of criminology and the ACJS Fellows Award for
contributions to criminal justice research.
iv
Brief Contents
Preface | xiii
Part i Ethics and the Criminal Justice System ■ 1

CHAPTER 1 Morality, Ethics, and Human Behavior ■ 1
CHAPTER 2 Determining Moral Behavior ■ 24
CHAPTER 3 Justice and Law ■ 52
CHAPTER 4 Becoming an Ethical Professional ■ 80
Part ii Police ■ 112

CHAPTER 5 The Police Role in Society ■ 112
CHAPTER 6 Police Discretion and Dilemmas ■ 145
CHAPTER 7 Police Corruption and RESPONSES ■ 181
Part iii Law ■ 224

CHAPTER 8 Law and Legal Professionals ■ 224
CHAPTER 9 Discretion and Dilemmas in the Legal Profession ■ 258
CHAPTER 10 Ethical Misconduct in the Courts and Responses ■ 297
Part IV Corrections ■ 329

CHAPTER 11 The Ethics of Punishment and Corrections ■ 329
CHAPTER 12 DISCRETION AND DILEMMAS IN CORRECTIONS ■ 365
CHAPTER 13 CORRECTIONAL PROFESSIONALS: MISCONDUCT AND RESPONSES ■ 399
CHAPTER 14 MAKING ETHICAL CHOICES ■ 432
Bibliography ■ 471
Author Index ■ 510
Subject Index ■ 516
Table of Cases ■ 523
Contents
Preface | xiii
Part I Ethics and the Criminal Justice System 1

Chapter 1 Morality, Ethics, and Human Behavior 1
Why Study Ethics? 3 Box 1.3: Values Exercise
In the NEWS: Public Making Moral Judgments 12
Corruption Analyzing Ethical Issues and
Policies 15
Quote & Query
Ethical Issue
BOX 1.1: Areas of Ethical Con- Analyzing Ethical Dilemmas 16
cern for Criminal Justice
Ethical Dilemma
Professionals
Defining Terms 8 Walking the Walk
Morals and Ethics 8 Conclusion 19
Box 1.2: Socrates, Plato, Chapter Review 20
Study Questions 21
Aristotle, and the Stoics
Writing/Discussion Exercises 21
Duties 10
Key Terms 21
Values 11
Ethical Dilemmas 22
Chapter 2 Determining Moral Behavior 24

The Ethics of Virtue 26 Using Ethical Systems to Resolve
Box 2.1 Catalog of Virtues Dilemmas 42
Natural Law 28 Ethical Dilemma
Box 2.2 Timeline of Ethics Relativism, Absolutism, and
Religion 30
Universalism 44
QUOTE & QUERY
Box 2.3 Overview of Major
World Religions Toward a Resolution: Situational Ethics 46
Conclusion 47
Ethical Formalism 33
Box 2.4 The Major Ethical
WALKING THE WALK
Systems
Utilitarianism 36
The Ethics of Care 38 Chapter Review 48
Egoism: Ethical System or Not? 39 Study Questions 49
Other Methods of Ethical Writing/Discussion Exercises 50
Decision Making 41 Key Terms 50
Ethical Dilemmas 50
In the NEWS: Ethics Committees
vi
vii
Contents
Chapter 3 Justice and Law 52

In the NEWS: Too Big to Jail? Wrongful Convictions 66
Origins of the Concept of QUOTE & QUERY
Justice 54 Race, Ethnicity, and Justice 68
Distributive Justice 55 Restorative Justice 70
Box 3.1 Annual CEO Immoral Laws and the Moral
Salaries—2016 Person 72
In the NEWS: Sharing the Walking the Walk
Wealth Box 3.2 Civil Disobedience
Corrective Justice 60
Ethical Dilemma
Substantive Justice 60
Conclusion 76
In the NEWS: What Is THE Just
Chapter Review 76
Punishment for Juvenile Key Terms 77
Murder? Study Questions 77
Procedural Justice 63 Writing/Discussion Exercises 78
QUOTE & QUERY Ethical Dilemmas 78
Chapter 4 Becoming an Ethical Professional 80

Individual Influences 81 Ethics Training 97
Biological Factors 81 Leadership 100
QUOTE & QUERY In the NEWS: Leaders and
Learning Theory 85 Scandals
Kohlberg’s Moral Stage Theory 87 Societal and Cultural
Ethical Dilemma Influences 102
Summary of Individual Differences 91 Ethical Issue
Workgroup and Organizational
walking the walk
Influences 91
Conclusion 107
In the NEWS: Jon Burge and the
Chapter Review 108
Midnight Crew of Area 2
Study Questions 109
In the NEWS: Wells Fargo Writing/Discussion Exercises 110
Ethical Climate and Organizational Key Terms 110
Justice 95 Ethical Dilemmas 110
Part II Police 112

Chapter 5 The Police Role in Society 112
Crime Fighter or Public History of Policing: From Public Servant
Servant? 114 to Crime Fighter 118
Crime Control and Due Process The Future of Policing and the “Ferguson
Models 114 Effect” 120
In the NEWS: Above and Power and Discretion 123
Beyond. . . Discretion and Duty 126
viii
Contents
In the NEWS: Nonfeasance Police Culture, Loyalty, and the Blue

of Duty Curtain of Secrecy 134
Formal Ethics for Police QUOTE & QUERY
Officers 128 Ethical Dilemma
The Law Enforcement Code of Ethics 129
Police Culture Today 138
QUOTE & QUERY
In the NEWS: Protecting
The Police Subculture 130
Whistleblowers
Themes and Value Systems 130
The Cop Code 131 Walking the Walk
Police Culture and “Noble Cause” 131
Conclusion 141
In the NEWS: Testilying, Chapter Review 141
Texting, and Use of Force in Study Questions 142
San Francisco Writing/Discussion Exercises 143
Key Terms 143
QUOTE & QUERY
Ethical Dilemmas 143
Chapter 6 Police Discretion and Dilemmas 145

In the NEWS: That Can’t Happen QUOTE & QUERY
Here, Can It?
QUOTE & QUERY
In the NEWS: Off the Record?
WALKING THE WALK
Discretion and Discretion and Criminal
Discrimination 147 Investigations 164
A Racial Divide 147
Proactive Investigations 164
In the NEWS: No Charges for
In the NEWS: Brady Lists
Officer, but Systemic Racism
in Ferguson, Missouri In the NEWS
Racial Profiling 151 QUOTE & QUERY
Ethical Dilemma Reactive Investigations 173
Police Shootings of Blacks 154 In the NEWS 175
In the NEWS: POLICE SHOOTINGS Conclusion 177
Discretion and the Use of Chapter Review 177
Force 156 Study Questions 178
What We Know and Don’t Know 157 Writing/Discussion Exercises 178
Factors in the Use of Force 158 Key Terms 179
Use of Tasers (CEDs) 159 Ethical Dilemmas 179
Responses to Uses of Force 160
Chapter 7 Police Corruption and Responses 181

WALKING THE WALK Economic Corruption 184
In the NEWS: Whistleblower in In the NEWS: “Meat Eaters” in
Oregon the News
Gratuities 185
ix
Contents
Ethical Dilemma Reducing Police Corruption 202

Graft 188 “Rotten Apple” Responses 202
Abuse of Authority 188 QUOTE & QUERY
Professional Courtesy and Ticket
Fixing 188 QUOTE & QUERY
In the NEWS: Abuse of Ethical Issue
Authority? “Rotten Barrel” Responses 210
On-Duty Use of Drugs and Alcohol 190 Societal Responses 216
Consent Decrees 216
In the NEWS: Police Predators
In the NEWS
Sexual Misconduct 191
Criminal Cops 192 Conclusion 221
Costs of Corruption 193 Chapter Review 221
Explanations of Deviance 195 Study Questions 221
Individual Explanations 195 Writing/Discussion Exercises 222
Organizational Explanations 197 Key Terms 222
Societal Explanations 201 Ethical Dilemmas 222
Part III Law 224

Chapter 8 Law and Legal Professionals 224
The Role of Law 226 QUOTE & QUERY
In the NEWS: Kalief Browder Indigent Defense 238
The “Criminalization of Poverty” 240
Justifications for Law 227
Preventing Harm to Others 228 In the NEWS: Indigent Defense
Preventing Offensive Behavior 228 in Missouri and Louisiana
Preventing Harm to Self (Legal
Paternalism) 228 In the NEWS: Challenging Bail
Courtroom Workgroups 244
In the NEWS: Criminalizing
Legal Agent or Moral
Homelessness
Agent? 245
Preventing Harm to Societal Morals (Legal
Moralism) 230 QUOTE & QUERY
Ethics for Legal
In the NEWS: Same-Sex Marriage
Professionals 247
Paradigms of Law 232
Consensus Paradigm 232 QUOTE & QUERY
Conflict Paradigm 232 Ethical Guidelines for Judges 251
QUOTE & QUERY Culture and Ethics 253
Conclusion 253
Pluralist Paradigm 234
Chapter Review 254
walking the walk Study Questions 255
First, Let’s Kill All the Writing/Discussion Exercises 255
Lawyers 236 Key Terms 256
Law and the Legal Professional 237 Ethical Dilemmas 256
x
Contents
Chapter 9 Discretion and Dilemmas in the Legal Profession 258

Ethical Issues for Defense Ethical Issue
Attorneys 259 Media Relations 276
QUOTE & QUERY Expert Witnesses 277
Zealous Prosecution 284
In the NEWS: The Duty to Defend
In the NEWS: Jailhouse
Responsibility to the Client 260
Informant Scandal
Conflicts of Interest 261
Zealous Defense 262 Ethical Dilemma
Confidentiality 264 Ethical Issues for Judges 288
walking the walk Conflict of Interest 288
Duty Regarding Perjury 267 Use of Discretion 289
QUOTE & QUERY QUOTE & QUERY

Ethical Issues for Conclusion 293
Prosecutors 268 In the NEWS: Judicial
Use of Discretion 268 Sentencing
QUOTE & QUERY Chapter Review 294
Study Questions 294
In the NEWS: Justice Denied?
Duty to Disclose 271
Key Terms 295
Conflicts of Interest 272
Plea Bargaining 274 Ethical Dilemmas 295
Chapter 10 Ethical Misconduct in the Courts and Responses 297

Ethical Misconduct 298 Confirmatory Bias 310
Defense Attorney Misconduct 298 Explanations for Misconduct 310
In the NEWS: Criminal Defense Explanations of Prosecutor
Misconduct 310
In the NEWS: Criminal Explanations for Misconduct of Judges 313
Prosecution Responding to Misconduct 313
Prosecutorial Misconduct 300 In the NEWS: Misconduct
In the NEWS: Prosecutorial or Crime?
Misconduct Professional and Judicial Sanctions 314
Rethinking Prosecutorial Immunity 315
QUOTE & QUERY Better Training, Better Supervision 316
In the NEWS: FEDERAL Conviction Integrity Units 316
Mandatory DNA Testing 317
PROSECUTOR MISCONDUCT
Private Crime Labs and Enhanced Due-
Judicial Misconduct 305 Process Procedures 317
In the NEWS: Judicial WALKING THE WALK
Misconduct
Judicial Independence and the
Factors in Wrongful Constitution 320
Conviction 308
In the NEWS: Separation of
Mistaken Eyewitness Testimony 308
False Confessions 309 Powers
Racial Bias 309 Judicial Activism 322
QUOTE & QUERY QUOTE & QUERY 323
xi
Contents
Conclusion 325 Writing/Discussion Exercises 327

Chapter Review 325 Key Terms 327
Study Questions 326 Ethical Dilemmas 327
Part IV Corrections 329

Chapter 11 The Ethics of Punishment and Corrections 329
Rationales for Punishment and Should Punishment Be Profitable? 348
Corrections 333 In the NEWS: Prison Savings?
In the NEWS: Fair Punishment?
In the NEWS: Corruption in
Retribution 335
Corrections
QUOTE & QUERY Formal Ethics for Correctional
Prevention Rationale 336 Professionals 353
Ethical Frameworks for Occupational Subcultures in
Corrections 340 Corrections 356
Utilitarianism 340 The Correctional Officer Subculture 356
Ethical Formalism 341
Ethics of Care 341 In the NEWS: “Rikers”
Treatment Professionals 359
QUOTE & QUERY
Rawlsian Ethics 342 walking the walk
Punishments 342 The Probation/Parole Officer
Subculture 360
Ethical Dilemma
Conclusion 361
In the NEWS: ADX—“A Clean Chapter Review 361
Version of Hell” Study Questions 362
Capital Punishment 346 Writing/Discussion Exercises 363
Key Terms 363
QUOTE & QUERY
Ethical Dilemmas 363
In the NEWS: Punishing
Juveniles
Chapter 12 Discretion and Dilemmas in Corrections 365

Correctional Officers 367 Use of Force 376
A New Era of Corrections? 369 Maintaining Morality in Prison 377
Relationships with Inmates 370 In the NEWS: Prison Violence
QUOTE & QUERY Jail Officers 378
QUOTE & QUERY In the NEWS: Denver Jail
Sexual Relationships and Sexual Abuse in Ethical Dilemma
Prison 372
In the NEWS: Denver Jail
In the NEWS: Vulnerable
Inmates Ethical Dilemma
In the NEWS: Sexual Abuse Treatment Staff 381

walking the walk
In the NEWS: Sex, Drugs, and
Smuggling
Community Corrections 389
xii
Contents
Caseload Supervision 390 Study Questions 397

Parole Officers 392 Writing/Discussion Exercises 397
Halfway Houses 393 Key Terms 397
Conclusion 395 Ethical Dilemmas 397
Chapter Review 396
Chapter 13 Correctional Professionals: Misconduct and Responses 399

Misconduct and Corruption 400 Ethical Dilemma
In the NEWS: Correctional QUOTE & QUERY
Crimes Societal Explanations 422
walking the walk In the NEWS: Punishing Crimes
California 402 Against Criminals
QUOTE & QUERY Responses to Corruption 424
Florida 407 A New Era? Procedural Justice/Restorative
New York 410 Justice 426
Treatment Professionals 413 QUOTE & QUERY
In the NEWS: Parole Conclusion 429
Performance Chapter Review 429
Community Corrections 414 Study Questions 430
ETHICAL ISSUE
Key Terms 430
Explanations for Misconduct 417 Ethical Dilemmas 431
Individual Explanations 417
Organizational Explanations 418
Chapter 14 Making Ethical Choices 432

Just Wars and Just Means 433 Utilitarianism versus Human
The Response to 9/11 436 Rights-Based Policing 460
walking the walk QUOTE & QUERY
In the NEWS: Legal Limbo QUOTE & QUERY
QUOTE & QUERY Ethical Dilemmas and
Decisions 464
QUOTE & QUERY
QUOTE & QUERY
QUOTE & QUERY Conclusion 468
In the NEWS: Smart TVs and Chapter Review 469
Spying Study Questions 469
In the NEWS: Convictions in Key Terms 470
Jeopardy Ethical Dilemmas 470
Bibliography 471
Author Index 510
Subject Index 516
Table of Cases 523
Preface
The first edition of this book was published in 1986, thus this 10th edition marks
over 30 years the book has been used in criminal justice and training classrooms.
When I first wrote the book, there were very few textbooks for a course covering
criminal justice ethics. Now there are probably a dozen, so I appreciate that readers
continue to find value in this one. Over the years, the book has been shaped by
current events, reviewers’ comments, and the many individuals who have provided
feedback. I want to thank every person who has contacted me through e-mail, let-
ters, or personally at conferences. I welcome and appreciate all feedback. Please con-
tinue to let me know what you think and help me make the book better and more
accurate.
Since the first edition, this text has provided the basic philosophical principles
necessary to analyze ethical dilemmas, and it has also included current news events to
show that these are not simply “ivory tower” discussions. Each edition has incorpo-
rated recent news, sometimes requiring updates even as the book goes to press. The
book also identifies themes that run through the entire system, such as discretion and
due process. In each edition, I have tried to improve the coverage and structure of the
book without changing the elements that work for instructors.
The last edition captured the rise of the “Black Lives Matter” movement, increasing
attention to wrongful convictions, and presidential commutations of drug offenders
sentenced under mandatory minimums. This edition has had major news to cover as
well. Our recent presidential election has led to changes within the Department of
Justice, “sanctuary city” resolutions, and the federal turnabout on the use of private
prisons, among other major events or policy changes that affect criminal justice
organizations. As with prior years, it is difficult not to devote more space to law
enforcement than courts or corrections, since the troubles there seem to receive greater
coverage by both the academic and popular press. In some areas, a discussion in the
last edition has been expanded and updated, such as prosecutorial misconduct, the
Rikers Island jail scandal, and halfway house scandals in New York City and Philadel-
phia. Systemic issues such as use-of-force training, mandatory minimums, the lack of
indigent defense, and mass imprisonment continue to be covered in this book as ethi-
cal issues, although legal and policy factors are covered as well.
This edition retains the basic structure of devoting three chapters each to police,
courts, and corrections with four introductory chapters. Instructors will find only
minor changes in the chapter learning objectives and study questions, making for an
easy transition in terms of adapting course material to the new edition. Several of the
Walking the Walk boxes have been changed, removing some to make way for individ-
uals involved in recent events. The focus of revisions has been, as always, on covering
new academic work and current news that is relevant to ethics. The changes are
described in more detail below.
xiii
xiv
Preface
New to This Edition

• Chapter 1: Morality, Ethics, and Human Behavior—The chapter introduction has
been rewritten, replacing a summary of current events with a more personal approach
as to why we study ethics. A list of ethical issues and ethical dilemmas has been added
as examples. The discussion about Governor Ryan was shortened and current news
on a Florida prosecutor refusing to use the death penalty was inserted as another
example of a person who had discretion to make a decision regarding what is only an
ethical issue for the rest of us. A current controversy over the e moluments clause of
the Constitution is included as an example of conflict of interests. The In the News
box was updated to the current transparency international corruption
index. The Ethical Issue box was changed, dropping the discussion of the “fast and
furious program” to one dealing with the current issue of whether the Department of
Justice should abandon the use of consent decrees to force change in law enforcement
agencies. One of the Ethical Dilemmas at the end of the chapter was changed to the
current issue regarding city council choices to declare sanctuary city status.
• Chapter 2: Determining Moral Behavior—The introductory news story about the
“crookedest cop” in Florida was removed, as was the Ethical Issue box in this chapter,
allowing the discussion of ethical systems to begin much earlier and reducing the
length of the chapter. A short application of each ethical system was added to help
readers learn how to apply the systems. The Walking the Walk box was replaced
with one about Ana Mari Cauce, the president of the University of Washington, and
her decision regarding the First Amendment. The In the News box was expanded
with the recent attempted elimination of office of congressional ethics.
• Chapter 3: Justice and Law—This chapter updated the CEO salary box to 2016 fig-
ures. The In the News box on a CEO increasing workers’ wages to $70,000 was
updated with new information. The discussion on minimum wage has been updated
with current news and studies. The discussion about Obamacare has been updated
to include legal challenges as well as the current attempts by Congress to repeal it.
The section on procedural justice has been updated with new research. Updated
numbers on the national registry of exonerations and innocence
project information has been added. Two older In the News boxes were removed,
leaving three in the chapter. The Gallup poll on race has been updated. There is an
expanded and updated section on race with new news stories and academic studies.
New academic sources have been used for the discussion on restorative justice. Two
of the end-of-chapter Ethical Dilemmas have been changed to more current topics.
• Chapter 4: Becoming an Ethical Professional—The section on biological influ-
ences on behavior has been rearranged and rewritten for greater clarity, with the
discussion of oxytocin enlarged with new sources. The In the News box on Hidalgo
County was replaced with one on the Wells Fargo scandal in the organizational
influences subsection. The In the News box on Jon Burge has been expanded with
new articles. The Ethical Issue box was replaced with one about sanctuary cities. In
the leadership discussion, information on transformational leadership and applica-
tions to ethical employees has been added. Also added is new research on proce-
dural justice and correctional leadership. The Walking the Walk box was replaced
with one focusing on former Chief David Brown of Dallas. A new study question
was added on organizational justice.
xv
Preface
• Chapter 5: The Police Role in Society—The Learning Objectives were changed to

include one that specifies knowledge about police history eras and the Ferguson
effect. Then, the section “Future of Policing” was retitled as “Future of Policing and
the Ferguson Effect,” and now includes an expansive discussion of the concept and
research about the Ferguson effect. The In the News box about good acts by police
officers has been expanded with a new item. The discussion about military veterans
in policing has been expanded in the “warrior–guardian” section. The number of
police officers killed over the years has been added. There is now an expanded dis-
cussion of Crisis Intervention Team (CIT) training and dealing with mentally ill.
The section on research on procedural justice in policing has been expanded, and
includes new research that ties into the concepts of legitimacy of policing and the
social contract. In the section on earlier police research, two of three police typolo-
gies (Muir & Brown) were deleted and one study question was changed as a result.
Current events were added to make the revised discussion of duty/discretion topi-
cal. Dated references to McAnany and Davis were deleted as they are no longer nec-
essary to the discussion of discretion. The references to Gallup polls and perceptions
of police were moved out of the conclusion and into the discussion of public per-
ceptions and procedural justice. The intelligence-led policing section was reduced
and some information was moved to Chapter 14. The Baltimore police officer scan-
dal was updated to include the acquittals of the officers and dropping drug cases
associated with them. New information on the 1033 program and consent decrees
by Department of Justice was included in the appropriate sections. The discussion
of police subculture was reduced with old sources consolidated. A new In the News
box on San Francisco police was added.
• Chapter 6: Police Discretion and Dilemmas—There is an updated and expanded
discussion of public perceptions of law enforcement racism and disproportional
shootings of blacks. Old research has been condensed throughout the chapter. The
Walking the Walk box has been changed to one focusing on a former officer who
helps other officers deal with shootings. There is a greatly expanded discussion of
asset forfeiture. New data have been added to the discussion of stop and frisk. The
discussion of officers dying in the line of duty was removed to avoid repetition from
Chapter 5. The In the News box about the Boyd shooting was replaced with one
about the Reid interrogation method. The In the News box on the stashhouse stings
has been updated.
• Chapter 7: Police Corruption and Responses—A dated In the News box was
replaced with one about a Portland officer whistleblower. Other In the News boxes
were changed to more current events or updated with new information, for exam-
ple, Baltimore acquittals of charged officers. There are expanded sections on body
cameras, early warnings, consent decrees, and civilian review. The sections describ-
ing individual cases of misconduct in various cities have been reduced. There is an
expanded discussion in the Ethical Issue box dealing with disciplinary action
secrecy, and the Ethical Issue box was moved to immediately after police miscon-
duct databanks for better flow. The section on consent decrees was moved to the
societal responses section and there is a new discussion of recent societal changes
under that subsection. There is an added section describing new legislation and the
President’s Task Force recommendations. One end-of-chapter Ethical Dilemma and
one study review question were changed.
xvi
Preface
• Chapter 8: Law and Legal Professionals—The Walking the Walk box was removed
and replaced with one about former Attorney General Comey. The asset forfeiture
In the News box was removed since the topic was covered in Chapter 6. The discus-
sion on indigent defense was moved from Chapter 9 to this chapter. New In the
News boxes include one on laws criminalizing homelessness, and one on lawsuits
against states because of underfunding indigent defense programs. There is a new,
full discussion of the “criminalization of poverty” (bail, fines, fees, etc.). The discus-
sion on marijuana legalization has been updated. There is a new section on court-
room workgroups.
• Chapter 9: Discretion and Dilemmas in the Legal Profession—The section on
asset forfeiture was substantially reduced with much of the discussion, including
the key term and margin definition, moving to Chapter 6 where there is a fuller
discussion. The Ethical Dilemma box was removed to reduce chapter length. Sev-
eral dated In the News boxes were replaced with current news items, for example,
the ACLU defending an alt-right group, the Oakland jailhouse informant scandal,
and the Brock Turner sentencing. Other current news was included in relevant dis-
cussions, including an ethical complaint against the attorney for Jody Arias, updated
salary figures for prosecutors, and Justice Ginsburg’s comment about President
Trump as a potential conflict of interest issue. A section on jailhouse informants
was moved from Chapter 10 and consolidated with the existing discussion in this
chapter.
• Chapter 10: Ethical Misconduct in the Courts and Responses—The chapter
introduction was changed by reducing the Clarence Brandley section and adding
several additional summaries of wrongfully convicted individuals. New In the News
boxes were added, including one of a defense attorney accused of witness tamper-
ing, and the District Attorney Seth Williams’ indictment (Philadelphia). There was
a new study of prosecutorial misconduct added. The In the News box on prosecuto-
rial misconduct was changed, shortening the old story and adding a new one. New
In the News boxes were added on judicial misconduct including sexual exploitation
of defendants, and one on a California law making Brady violations a felon. Updated
court cases on prosecutorial immunity were added. The Walking the Walk box was
replaced with one on Kenneth Thompson, the late District Attorney from
Brooklyn.
• Chapter 11: The Ethics of Punishment and Corrections—The chapter introduc-
tion on the philosophy of punishment has been shortened. All statistics concerning
imprisonment and other correctional supervision have been updated. The informa-
tion on supermax prisons is no longer in its own section; the discussion has been
shortened to focus on supermax prisons as an example of a type of punishment.
The discussion of private corrections has been expanded and updated. The discus-
sion of capital punishment has been slightly shortened but new Supreme Court
cases were added. The In the News box on Riker’s Island jail has been updated. The
In the News box on President Obama’s commutations of drug offenders was
updated with the final numbers. New In the News boxes were added on raising the
age of responsibility in New York, adding monitors to review private prisons
in Michigan, and the conviction of the former head of corrections, Chris Epps, in
Mississippi.
xvii
Preface
• Chapter 12: Discretion and Dilemmas in Corrections—The discussion of the

scandal in New Jersey and New York City surrounding halfway (sober) houses was
enlarged with a new investigation in Philadelphia. There is an updated discussion
of California’s response to Brown v. Plata. The PREA survey has been updated. New
In the News boxes are included on a New York same-sex prison sexual abuse case,
and violence in North Carolina prisons. The In the News box on the Denver jail has
been updated. There are several new academic sources added to the section on cor-
rectional treatment professionals’ ethics. The Walking the Walk box was removed
and replaced with one on Dr. Eric Reininga, a whistleblower in California.
• Chapter 13: Correctional Professionals: Misconduct and Responses—There are
several new In the News boxes, including one on an investigation of correctional
officers in Georgia. The sections on California prisons and the Los Angeles jail have
been updated with current news. The sections in the last edition on misconduct in
corrections departments in Texas and Mississippi were deleted. The section on mis-
conduct in the New York corrections system has been expanded with new informa-
tion, as was the section on the Florida corrections system. New news on scandals in
the parole systems in Utah and Missouri were added. There is a new discussion of
procedural justice research in corrections as a response and solution to misconduct.
• Chapter 14: Making Ethical Choices—There is an updated discussion and listing
of terrorist events in the last several years. The missiles fired at the Syrian airbase in
retaliation for the chemical weapon attack was used as an example of a natural law
justification. Some of the sections on the aftermath of 9/11 have been shortened.
The numbers held at Guantanamo have been updated. There is a new In the News
box regarding the Senate report on torture that has been suppressed by the current
administration. The discussion of Mitchell and Jessen, the two psychologists who
have been described as the architects of waterboarding, has been updated with a
current link to a video deposition where they defend their actions. Academic arti-
cles on law enforcement working with Muslim communities as counterterrorism
efforts are referenced. A new In the News box on new surveillance technology was
added, along with an expanded discussion of surveillance technology.
Features
There are several boxed features found in Ethical Dilemmas and Decisions in Crimi-
nal Justice, 10th Ed., which highlight and provide real-world examples of key con-
cepts and issues.
In the News This feature has been present since the earliest editions of this book.
Each chapter presents news items that relate to the discussion. In every edition, some
of the news stories are kept, but most are cycled out to make room for current events.
Examples in this edition include:
Jon Burge and his “midnight crew”

Commutations of drug offenders by President Obama
Chris Epps’ conviction (former head of corrections for Mississippi)
Brock Turner sentencing
xviii
Preface
Quote and Query Another longtime feature of the book, these boxes offer some
classic and current quotes meant to illustrate a point or issue from the chapter’s discus-
sion. There is a query following the quote that spurs the reader to think about the
quote in the context of the discussion.
Walking the Walk Introduced in the sixth edition, these boxes describe individu-
als who display ethical courage. This feature proved to be so popular that every chapter
now has one and this edition has replaced some of the older ones with new descrip-
tions of individuals faced with ethical dilemmas.
Ethical Dilemma Each chapter features a dilemma, followed by an extended

analysis of the dilemma under law, policy, and ethics. The feature makes explicit the
focus of the book, illustrated by its title, Ethical Dilemmas and Decisions.
Ethical Issue Introduced in the ninth edition, these boxes present a current issue or
policy in policing, courts, or corrections, and like the Ethical Dilemma boxes, provide
an extended analysis of the issue under law, policy, and ethics. The addition of these
issues boxes in some chapters shows how issues can be analyzed in a similar way to
personal dilemmas.
Pedogogical Aids
In addition to the boxed features, Ethical Dilemmas and Decisions in Criminal Justice,
10th Ed., has several pedagogical aids designed to enhance student learning and
comprehension.
Key Terms Key terms are bolded and defined when they first appear in the text, and
are included at the end of the chapter for student review.
Study Questions These end-of-chapter questions identify important points and

concepts in the chapter and can be used for test reviews or test questions.
Writing/Discussion Questions These end-of-chapter questions cover more

abstract concepts and are designed to provide an opportunity to employ critical
thinking skills in a writing or discussion exercise.
Ethical Dilemmas These end-of-chapter dilemmas are designed to be representa-

tive of what criminal justice professionals might face in the field. Many of the dilemmas
describe true incidents and have been provided by police officers, probation officers,
lawyers, and other criminal justice professionals. Others have been gleaned from news
events or the media.
Learning Objectives Chapter-opening learning objectives preview the key

content in each chapter for the reader.
Chapter Review At the end of each chapter, the chapter objectives are presented
again, but there is also a short summary of content. These reviews summarize the key
content of the chapter for the reader.
xix
Preface
Ancillaries
A number of supplements are provided by Cengage Learning to help instructors use
Ethical Dilemmas and Decisions in Criminal Justice in their courses and to aid stu-
dents in preparing for exams. Supplements are available to qualified adopters. Please
consult your local sales representative for details.
For the Instructor

Online Instructor’s Manual The manual includes learning objectives, a detailed
chapter outline (correlated to PowerPoint slides), lecture notes, assignments, media
tools, ethical dilemmas, and classroom discussions/activities. The learning objectives
are correlated with the discussion topics, student activities, and media tools.
Online Test Bank Each chapter of the test bank contains multiple-choice, true/
false, completion, and essay questions to challenge your students and assess their
learning. It is tagged to the learning objectives that appear in the main text, references
to the section in the main text where the answers can be found, and Bloom’s taxonomy.
Finally, each question in the test bank has been carefully reviewed by experienced
criminal justice instructors for quality, accuracy, and content coverage.
Cengage Learning Testing, Powered By Cognero The Test Bank is also

available through Cognero, a flexible online system that allows you to author, edit, and
manage test bank content as well as create multiple test versions in an instant. You can
deliver tests from your school’s learning management system, your classroom, or
wherever you want.
Online Lectures Helping you make your lectures more engaging while effectively
reaching your visually oriented students, these handy Microsoft PowerPoint® slides
outline the chapters of the main text in a classroom-ready presentation. The
PowerPoint slides are updated to reflect the content and organization of the new
e dition of the text, are tagged by chapter learning objectives, and feature some
additional examples and real-world cases for application and discussion.
For the Student

Mindtap Criminal Justice
With MindTap™ Criminal Justice for Ethical Dilemmas and Decisions in Criminal
Justice, you have the tools you need to better manage your limited time, with the
ability to complete assignments whenever and wherever you are ready to learn.
Course material that is specially customized for you by your instructor in a proven,
easy-to-use interface keeps you engaged and active in the course. MindTap helps you
achieve better grades today by cultivating a true understanding of course concepts
and with a mobile app to keep you on track. With a wide array of course-specific
tools and apps—from note taking to flashcards—you can feel confident that
MindTap is a worthwhile and valuable investment in your education.
You will stay engaged with MindTap’s You Decide career-based decision-making
scenarios and remain motivated by information that shows where you stand at all
xx
Preface
times—both individually and compared to the highest performers in class. MindTap

eliminates the guesswork, focusing on what’s most important with a learning path
designed specifically by your instructor and for your Ethics course. Master the most
important information with built-in study tools such as visual chapter summaries and
integrated learning objectives that will help you stay organized and use your time
efficiently.
Acknowledgments
The staff members at Cengage have been integral to the development of this edition.
They are Carolyn Henderson Meier, Senior Product Manager; Katie Seibel, Content
Developer; and Mark Linton, Senior Marketing Manager. Thanks also to Pradhiba
Kannaiyan, Senior Project Manager at Lumina Datamatics, and Manish Kumar,
Senior Copy Editor.
I also wish to thank those individuals in the field who have e-mailed me with
questions and suggestions for the book and hope that they continue to do so. Most
importantly, I thank my husband, Eric Lund, for all that he does.
—Joycelyn Pollock
jpl2@txstate.edu
Part I Ethics and the Criminal Justice System
Morality, Ethics, and

Human Behavior 1
mediaphotos/Getty Images
Learning Objectives
1. Explain the difference between ethical
issues and ethical dilemmas.
Ethics is the study of right and wrong. Cheating may be efficient for 2. Give examples of how discretion
the individual but it is judged as wrong and unethical. permeates every phase of the
E
criminal justice system and creates
thical judgments permeate our lives. You employ ethical ethical dilemmas for criminal justice
analysis when you decide to utter a white lie to get out of professionals.
doing something you don’t want to do or when you call in 3. Explain why the study of ethics
sick on a beautiful, sunny day. Being honest in your interactions is important for criminal justice
with others is a generally recognized duty; therefore, these deci- professionals.
sions can be judged as wrong. Small decisions about behavior 4. Define the terms morals, ethics, duties,
are often made without thinking of the ethical implications of supererogatories, and values.
these choices, but they form our character. 5. Describe what behaviors might be subject
In this text, we will explore ethical decision making. More to moral/ethical judgments.
specifically, we explore the ethical dilemmas and issues within the
criminal justice system. Every day one can pick up a newspaper or
read news from other media outlets that present ethical issues or describe individuals who have made choices
that are subject to ethical judgments. Some decisions affect very few people—as our decision to call in sick
when we don’t want to go to work. However, depending on the person and the decision, thousands or even
millions of people might be affected. The decisions of criminal justice professionals almost always affect others.
2
The criminal justice system can be examined using political, legal, organizational,
or sociological approaches; however, in this book, we shift the lens somewhat and
look at the system from an ethics perspective. Asking whether something is legal, for
instance, is not necessarily the same as asking whether something is right.
ethical issues Ethical discussions in criminal justice focus on issues or dilemmas. Ethical issues
Difficult social or are broad social questions, often concerning the government’s social control mecha-
policy questions that nisms and the impact on those governed. These issues can be subject to legal analysis
include controversy
and/or ethical analysis since the two are related but not the same. The following is a
over the “right” thing
to do. list of a few current issues in the field of criminal justice that can be subject to ethical
analysis:
• Decriminalizing recreational marijuana
• Reversing mandatory minimum laws for drug crimes
• Abolishing the death penalty
• Using private prisons
• Requiring police officers to carry their own liability insurance
• Instituting civilian review boards to advise police departments
• Instituting deportation against “Dreamers” (“Deferred Action for Childhood
Arrivals” Act recipients)
• Cities adopting “Sanctuary City” resolutions
• Instituting conviction review task forces in prosecutors’ offices
• Requiring mandatory DNA collection for all misdemeanant arrestees.
The typical individual does not have much control over these issues. If one is a
political or organizational leader, it is possible that it is within that person’s discre-
tion to decide some ethical issues, but generally, these choices are decided by political
action or deliberation by many people.
ethical dilemmas While ethical issues are broad social questions or policy decisions, ethical
Situations in which dilemmas are situations in which one person must decide what to do. Either the choice
it is difficult for an is unclear or the right choice will be difficult because of the costs involved. Every one
individual to decide, of us has faced ethical dilemmas. Our dilemmas involve our jobs and our interactions
either because
the right course of
with others. Criminal justice professionals face dilemmas arising from the choices they
action is not clear are faced with during their employment. Dilemmas of criminal justice professionals
or because the right include the following:
course of action
carries some negative
• A police officer’s decision whether to ticket a traffic violator or not
consequences. • A police officer’s decision to tell a supervisor that her partner has an alcohol
problem
• A sheriff ’s decision how to advise a mayor and city council regarding budgetary
priorities
• A defense attorney’s decision to take a case or not
• A prosecutor’s decision on whether and what to charge
• A probation officer’s decision on whether to file a violation report on a probationer
At times, one’s belief regarding an ethical issue gives rise to an ethical dilemma.
In 2000, George Ryan, then governor of Illinois, declared a moratorium on use of the
death penalty in his state when at least five individuals on death row were exonerated
with DNA evidence. One of his last acts as he left office in 2003 was to commute the
sentences of all 160 prisoners on death row to life without parole. Unlike most of us,
Governor Ryan’s position meant he could do something about his belief regarding the
death penalty.
A more current example is Orange County, Florida, State Attorney Aramis Ayala
who refused to pursue the death penalty against a cop killer. In fact, she reportedly has
expressed her intent to never pursue the death penalty because of continued constitu-
tional challenges to Florida death penalty sentences and the cost. After she refused to
recuse herself, Governor Rick Scott signed an executive order that removed her from
the case and appointed another prosecutor. He then took 23 other death penalty cases
away from her and assigned them to prosecutors in neighboring counties. There are
some who want her removed from her position as state attorney because of her refusal;
however, others argue that the governor has no legal authority to interfere. Ayala has
contested the action and the case is before the Florida Supreme Court (Evans, 2017;
Rohrer, Stutzman, and Lotan, 2017). This case can be analyzed legally: it is unclear
whether her position gives her the lawful authority to unilaterally reject the death pen-
alty for all cases. It is also a legal question whether the governor has the legal authority
to remove her from a case in her jurisdiction because she is an elected official and does
not meet any legal definition of impeachment. It is also an ethical dilemma when an
elected prosecutor does not believe in the death penalty. Does she have an ethical duty
to reject it or an ethical duty to pursue it because it is the law of the state? Would it make
a difference if her position regarding the death penalty was clear and publicized before
the election and voters elected her anyway? These cases clearly show how law and eth-
ics are intertwined, but resolving the legal questions doesn’t always resolve the ethical
dilemma.
In this book, ethical issues and ethical dilemmas will be analyzed. As you will
see, the approach taken in both types of analysis is similar. Throughout the book,
we approach decision making using the framework of applying, law, policy, and then
ethics. In each chapter, there will be at least one ethical issue or ethical dilemma that
will be presented and analyzed. You will see that tools of ethical reasoning are nec-
essary for a good analysis. It is for this reason that we must first explore the founda-
tions of ethics.
Why Study Ethics?

Although the decisions faced by professionals associated with the criminal justice
system—ranging from legislators who write the laws to correctional professionals
who supervise prisoners—may be different, they also have similarities, especially
in that these professionals all experience varying degrees of discretion, authority, discretion The
and power. If decisions were totally bounded by legal rules or policy regulations, authority to make a
then, perhaps, there would be less reason for ethical analysis; however, the greater decision between two
or more choices.
role discretion plays in a profession, the more important is a strong grounding in
ethics.
Legislators have the power to define certain acts as illegal and, therefore, pun-
ishable. They also have the power to set the amount of punishment. Public safety is
4
usually the reason given for criminalizing certain forms of behavior. In other cases,
legislators employ moral definitions for deciding which behaviors should be illegal.
“Protection of public morality” is the rationale for some laws, including those involv-
ing drugs, gambling, and prostitution. While judges invalidate laws that run afoul of
state and/or federal constitutions, legislators still have a great deal of discretion in set-
ting the laws that we must live by. There is sometimes no consensus on laws, especially
those that concern private behavior. For instance, several years ago, some states had
laws recognizing same-sex marriages and other states had laws that prohibited them.
In Obergefell v. Hodges, 576 U.S. ___, 2015, the Supreme Court held that all states must
license and recognize same-sex marriages, eliminating any contradiction between
states. How do legislators decide what behaviors to criminalize? How do judges deter-
mine whether such laws violate fundamental rights? We explore these questions in
more detail in Chapter 3, which covers the concept of justice, and in Chapter 8, which
begins our discussion of the law and legal professionals.
Part of the reason that legislators are not held to very high esteem in this country
is that we perceive that their discretion is unethically influenced by lobbyists and per-
sonal interests rather than the public good. The 2010 movie Casino Jack and the U.S.
of Money is based on former lobbyist Jack Abramoff, who ended up in prison for his
notorious dealings with legislators. Our current political discussions often focus on
inappropriate influences on legislative decision making, and conflict-of-interest laws
are designed to prevent or at least minimize the ability of special interest groups to
purchase legislative favor.
Police officers, who enforce the laws created by legislators, also have a great deal of
discretionary power. Most of us, in fact, have benefited from this discretion when we
receive a warning instead of a traffic ticket. Police officers have the power to deprive
people of their liberty (through arrest) and the power to decide which individuals to
investigate and perhaps target for undercover operations. They also have the power
to decide that lethal force is warranted. In the United States, we enjoy constitutional
protections against untrammeled police power, and police act as the guardians of the
law, not merely enforcers for those in power. In Chapters 5–7, the ethical use of police
discretion is discussed in more detail.
Prosecutors probably face the least public scrutiny of all criminal justice pro-
fessionals—which is ironic because they possess a great deal of discretion in decid-
ing whom and how to prosecute. They decide which charges to pursue and which
to drop, which cases to take to a grand jury, how to prosecute a case, and whether
to pursue the death penalty in homicide cases. Although prosecutors have an eth-
ical duty to pursue justice rather than conviction, some critics argue that at times
their decision making seems to be influenced by politics or factors other than the
goal of justice.
Defense attorneys have ethical duties similar to prosecutors in some ways; how-
ever, they also have unique duties to their client. After deciding whether to take a case
or not, they decide whether to encourage a client to agree to a plea deal, what evidence
to utilize and how to try the case, and whether to encourage a client to appeal.
Judges possess incredible power, typically employed through decisions to deny or
accept plea bargains, decisions regarding rules of evidence, and decisions about sen-
tencing. Chapters 8–10 explore the ethical issues of legal professionals in the criminal
justice system.
Finally, correctional officials have immense powers over the lives of some citizens.
Probation officers make recommendations in presentence reports and violation
reports that affect whether an individual goes to prison. Prison officials decide to
award or take away “good time,” and they may punish an inmate with segregation;
both types of decisions affect the individual’s liberty. Correctional officers make daily
decisions that affect the life and health of the prisoners they supervise. Parole officials
decide when to file a violation report and make other decisions that affect a parolee as
well as his or her family members. In short, all correctional professionals have a great
deal of discretion over the lives of those they control. The ethical issues and dilemmas
of correctional professionals are discussed in Chapters 11–13.
Although the professionals discussed face different dilemmas, they also share the
following common elements:
• They each have discretion—that is, the power to make a decision. Although the spe-
cific decisions are different, they all involve power over others and the potential
deprivation of life, liberty, or property.
• They each have the duty of enforcing the law. Although this concept is obvious with
police, it is also clear that each of the professionals mentioned has a basic duty to
uphold and enforce all laws; they serve the law in their professional lives. You may
have heard the phrase “we are a nation of laws, not men.” What this means is that
no one is supposed to be above the law, no matter how powerful, and no one is sup-
posed to take the law into their own hands, no matter how clear the guilt.
• They must accept that their duty is to protect the constitutional safeguards that are the
cornerstone of our legal system—specifically, due process and equal protection. Due
process protects each of us from error in any governmental deprivation of life, lib-
erty, or property. We recognize the right of government to control and even to pun-
ish, but we have certain protections against arbitrary or unlawful use of that power.
Due process protects us against such abuses. We also expect that the power of our
government will be used fairly and in an unbiased manner. Equal protection should
ensure that what happens to us is not determined by the color of our skin, our gen-
der, our nationality, or the religion we practice. Laws are for everyone, and the pro-
tection of the law extends to all of us. Although a fair amount of evidence indicates
that different treatment does exist, the ideal of equal protection is an essential ele-
ment of our legal system and should be an operating principle for everyone working
in this system.
• They are public servants. Their salaries come from the public purse. Public servants
possess more than a job; they have taken on special duties involving the public trust.
Individuals such as legislators, public officials, police officers, judges, and prose-
cutors are either elected or appointed guardians of the public’s interests. Arguably,
they must be held to higher standards than those they guard or govern. Temptations
are many, and, unfortunately, we find examples of double standards, in which public
servants take advantage of their positions for special favors, rather than higher stan-
dards of exemplary behavior.
The Josephson Institute (2005), which is heavily involved in ethics training for
corporations and public agencies, identifies the ethical principles that should gov-
ern public servants: public service (treating the office as a public trust), objective
judgment (striving to be free from conflicts of interest), accountability (upholding
6
In the NEWS Public Corruption
Transparency International compiles a list of countries Canada was ranked in the ninth place with a score of 82,
ranked by the perception of corruption by public offi- and the United Kingdom came in twelfth with a score of
cials. For years, the countries perceived as least corrupt 81. The United States appears as the eighteenth least
have usually been Scandinavian. In 2016, Denmark was corrupt country with a score of only 74. Not surprisingly,
ranked as the least corrupt with a score of 90, followed by the most corrupt countries, according to this perception
New Zealand, Finland, Sweden, Switzerland, and Norway. index, include Somalia, South Sudan, and North Korea.
Source: Transparency International, 2017.
open decision making), democratic leadership (observing the letter and spirit of the
law), and respectability (avoiding the appearance of impropriety). Unfortunately,
as the In the News box indicates, we are not so sure our public servants represent
these qualities.
Currently, there is a raging controversy over President Trump’s business inter-
ests, as well as those of his advisors and family members, because of the possibility
that personal business interests will be promoted over the public interest. This is new
territory for public concern because there hasn’t been a president in recent memory
whose business interests have been so potentially subject to such conflict. The Emol-
uments Clause refers to a paragraph in Article I of the Constitution, which reads in
part, “. . . no Person holding any Office of Profit or Trust under them, shall, without
the Consent of the Congress, accept of any present, Emolument, Office, or Title, of
any kind whatever, from any King, Prince, or foreign State.” The definition of emol-
ument includes a salary, fee, or any type of profit from employment or office. Some
have argued that this clause prohibits the president from profiting in any way from
foreign investors or customers, which means the prohibition of any business deal
with foreign investors, or any profit from foreign states who pay Trump enterprises
such as golf courses or hotels. For example, potentially problematic business would be
foreign governments that rent office space in Trump buildings or foreign represen-
tatives who rent rooms at Trump hotels. A small government
Quote & Q u e r y watchdog agency, Citizens for Responsibility and Ethics in
Washington, has filed a lawsuit, arguing that the Emolument
Part of what is needed [for public servants]
is a public sense of what Madison meant Clause is being violated. Critics argue that it was designed to
by wisdom and good character: balanced prohibit gifts, not business dealings, and, furthermore, the
perception and integrity. Integrity means watchdog agency has no “standing,” meaning they are not the
wholeness in public and private life consisting appropriate party to file the lawsuit because they cannot show
of habits of justice, temperance, courage, injury (Fahrenthold and O’Connell, 2017). It is unclear how
compassion, honesty, fortitude, and disdain for this issue will be resolved at this point; however, it represents
self-pity.
what has always been a concern with local, state, and national
Source: Delattre, 1989b: 79. politicians. Public servants at any level may serve their per-
Do you believe that this is asking too much sonal self-interest through their public office rather than pro-
of our public servants? mote the public good. There are continuing efforts taken to
guard against self-dealing by public officials.
BOX 1.1 Areas of Ethical Concern for Criminal Justice Professionals

Relationships with Ethical concerns
Public/Clients Sexual exploitation/coercion, bribery, rudeness, racial
discrimination, and negligence
Agency/Organization Overtime fraud, theft, rule-breaking, and low work ethic
Peers/Coworkers Sexual or racial harassment, cover-ups, retaliation, gossip,
and taking undue credit
Ethical issues for professionals in the justice system include relationships with
citizens, with their agency, and with each other. Box 1.1 illustrates the different areas
of ethical concern.
Felkenes (1987: 26) explained why the study of ethics is important for criminal
justice professionals:
1. Professionals are recognized as such in part because [a] “profession” normally
includes a set of ethical requirements as part of its meaning . . . . Professionalism
among all actors at all levels of the criminal justice system depends upon their
ability to administer policy effectively in a morally and ethically responsible
manner.
2. Training in ethics helps develop critical thinking and analytical skills and reason-
ing abilities needed to understand the pragmatic and theoretical aspects of the
criminal justice system.
3. Criminal justice professionals should be able to recognize quickly the ethical con-
sequences of various actions and the moral principles involved.
4. Ethical considerations are central to decisions involving discretion, force, and due
process that require people to make enlightened moral judgments.
5. Ethics is germane to most management and policy decisions concerning such
penal issues as rehabilitation, deterrence, and just deserts.
6. Ethical considerations are essential aspects of criminal justice research.
We also could note that individuals who ignore ethics do so at their peril. They
may find themselves sliding down a slippery slope of behaviors that threaten their
career and personal well-being. Even if their actions are not discovered, many peo-
ple suffer from a moral crisis when they realize how far their actions have strayed
from their moral ideals. We can summarize this discussion with these three basic
points:
1. We study ethics because criminal justice is uniquely involved in coercion, which
means there are many and varied opportunities to abuse such power.
2. Almost all criminal justice professionals are public servants and, thus, owe special
duties to the public they serve.
3. We study ethics to sensitize students to ethical issues and provide tools to help
identify and resolve the ethical dilemmas they may face in their professional lives.
8
Defining Terms
morals Principles of The words morals and ethics are often used in daily conversation. For example,
right and wrong. when public officials use their offices for personal profit or when politicians accept
bribes from special interest groups, they are described as unethical. When an indi-
ethics The vidual does a good deed, engages in charitable activities or personal sacrifice, or
discipline of takes a stand against wrongdoing, we might describe that individual as a moral per-
determining good and son. Often, the terms morals and ethics are used interchangeably. This makes sense
evil and defining moral
duties.
because both come from similar root meanings. The Greek word ethos pertains to
custom (behavioral practices) or character, and the term morals is a Latin-based
word with a similar meaning. As Box 1.2 shows, the inquiry into how to determine
right and wrong behavior has perplexed humans for thousands of years. Philosophers
through the ages owe much to the great Greek philosophers who discussed what the
“good life” meant.
Morals and Ethics

Morals and morality refer to what is judged as good conduct. Immorality refers to
bad conduct. We would judge someone who intentionally harms a child for his own
enjoyment or someone who steals from the church collection plate as immoral. Some
of us disagree on whether other behaviors, such as abortion, capital punishment, or
euthanasia, are immoral. How to resolve such questions will be the subject of the next
chapter.
The term ethics refers to the study and analysis of what constitutes good or bad
conduct (Barry, 1985: 5; Sherman, 1981: 8). There are several branches, or schools, of
ethics:
• Meta-ethics is the discipline that investigates the meaning of ethical systems and
whether they are relative or are universal and are self-constructed or are indepen-
dent of human creation.
• Normative ethics determines what people ought to do and defines moral duties
based on ethical systems or other means of analysis.
• Applied ethics is the application of ethical principles to specific issues.
• Professional ethics is an even more specific type of applied ethics relating to the
behavior of certain professions or groups.
While these definitions of ethics refer to the study of right and wrong behavior,
more often, in common usage, ethics is used as an adjective (ethical or unethical)
to refer to behaviors relating to a profession, while moral is used as an adjective to
describe a person’s actions in other spheres of life. Most professions have codes of con-
duct that describe what is ethical behavior in that profession. For instance, the medical
profession follows the Hippocratic Oath, a declaration of rules and principles of con-
duct for doctors to follow in their daily practices; it dictates appropriate behavior and
goals.
Even though professional ethics restricts attention to areas of behavior relevant
to the profession, these can be fairly inclusive and enter into what we might consider
the private life of the individual. For instance, psychiatrists are judged harshly if they
engage in romantic relationships with their patients. These rules usually are included
Box 1.2 Socrates, Plato, Aristotle, and the Stoics

Socrates (469–399 bce)
Socrates associated knowledge with virtue. He believed that bad acts are performed through
ignorance. The wisest man was also the most virtuous. He believed that all people acted in a
way to serve their own interests, but some people, because they were ignorant, pursued short-
term happiness that would, in the long run, not make them happy. True happiness could come
only from being virtuous, and virtue comes from knowledge. Thus, Socrates believed his role was
to strip away self-deception and incorrect assumptions; hence, the so-called Socratic method
of questioning a person’s beliefs. The concept of eudaimonia is translated as happiness, but it
is much more than that and is sometimes translated as flourishing. Self-actualization, to borrow
Abraham Maslow’s term, might be similar to the Greek concept of eudaimonia, the idea that
one’s happiness involved the pursuit of excellence and virtue.
Plato (423–347 bce)
Plato was a student of Socrates. In fact, it is his writings that are the source for what we know
about Socrates’s ideas. Because his writings were largely in the form of dialogues, with Socrates
as the main character in many of them, it is hard to distinguish Socrates’s ideas from Plato’s.
Another difficulty in summarizing Plato’s ideas about ethics is that he undertook a wide-ranging
exploration of many topics. His writings included discussions of ethical and political concepts as
well as metaphysical and epistemological questions. In The Republic, he, like Socrates, associates
virtues with wisdom. The four virtues he specifically mentions are wisdom, courage, moderation,
and justice. Three of the virtues are associated with the three classes of people he describes as
making up society: the rulers (wisdom), the soldiers (courage), and the merchants (moderation
since they pursue lowly pleasures). Justice is the idea that each person is in the place they should
be and performs to their best ability. Plato also discussed the concept of eudaimonia, mentioned
above, which can be considered self-completion or self-actualization. A good life would be one that
fit the nature of the person—that is, moderation for the merchant class, courage for the soldier, and
wisdom for leaders. There is, of course, the need for all virtues in every life to some degree.
Aristotle (384–322 bce)
Aristotle was a student of Plato. Aristotle did not believe, as did Socrates, that bad behavior
came from ignorance. He believed some people had weak wills and did bad things knowing
they were bad. The idea of eudaimonia is part of Aristotle’s discussions of what it means to live a
good life. Again, this concept, although translated as happiness, has more to do with flourishing
or self-actualization. The good life is one devoted to virtue and moderation. The so-called Golden
Mean was choosing actions that were moderate and between two extremes. For instance, cour-
age was the virtue, whereas the deficiency of courage was cowardice and the excess of courage
was foolhardiness. Generosity is the mean between stinginess and wastefulness, and so on.
Aristotle’s virtue theory is discussed more fully in the next chapter.
Stoics (Third Century bce, Includes Zeno, Seneca, and Epictetus)
The Stoic philosophical school is associated with the idea that man is a part of nature and the
essential characteristic of man is reason. Reason leads to virtue. Virtue and morality are simply
rational action. While Plato divided people into the three classes of leaders, soldiers, and every-
one else, the Stoics simply saw two groups: those who were rational/virtuous and those who
were irrational/evil. They perceived life as a battle against the passions. They argued that people
should not seek pleasure but should seek virtue, because that is the only true happiness. More-
over, they should seek virtue out of duty, not because it will give them pleasure.
For further information, go to:
Stanford Encyclopedia of Philosophy: http://plato.stanford.edu; and the Internet Encyclopedia of Philosophy:
www.iep.utm.edu
10
in codes of ethics for these professions. When private behavior affects professional
decision making, it becomes an ethical issue, such as when school bus drivers abuse
drugs or alcohol, or when scientists are paid to do studies by groups who have a vested
interest in a particular outcome.
The private life of public servants is especially scrutinized. President Clinton’s
affair with intern Monica Lewinsky almost ended his presidency, and not just because
he lied about it in the congressional investigation. Anthony Weiner’s political career
as a U.S. congressman was over after it was revealed he “sexted” (sent a sexually sug-
gestive picture) to a woman, who reported it to the press. When he attempted a polit-
ical comeback in a run for mayor of New York City in 2013, more sexting by Weiner
was revealed under the pseudonym of “Carlos Danger.” Such behavior, while a gift to
late-night comics, is tragically inexplicable behavior for a serious public servant. Most
recently, the video that exposed President Trump’s comments regarding how he could
sexually accost women embarrassed his supporters and solidified opposition among
his detractors. It was relevant to his position as the leader of the country arguably
because it represented his character, and character affects professional judgments.
In professions involving the public trust, such as politics, education, and the
clergy, there is a thin line between one’s private life and public life. Citizens assume
that if one is a liar and cheat in one’s private life, then that also says something about
how they would make decisions as a public servant. If one displays extremely poor
judgment and disrespect for one’s family in private life, arguably he or she is not a good
fit for public office. There is the other argument, however, that while President Clinton
was an adulterer, he accomplished great things as president. The same argument might
be applied to President Trump—specifically, that his private behavior is no barometer
of how successful he might be as president.
What about police officers, prosecutors, and judges? They are also public servants.
Should their private behavior, such as extramarital affairs, accumulating debt, or using
illegal substances after work concern us? We will explore these issues in the chapters
to come.
For our purposes, it does not make a great deal of difference whether we use the
formal or colloquial definitions of morals and ethics. This text is an applied ethics text,
in that we will be concerned with defining behaviors as right and wrong (specifically,
those of criminal justice professionals). It also is a professional ethics text, because we
are concerned primarily with professional ethics in criminal justice.
Duties
duties Required
behaviors or The term duties refers to those actions that an individual must perform to be consid-
actions, that is, the ered moral. For instance, everyone might agree that one has a duty to support one’s
responsibilities that parents if able to do so, one has a duty to obey the law (unless it is an immoral law),
are attached to a and a police officer has a moral and ethical duty to tell the truth on a police report.
specific role. Duties are what you must do to meet the responsibilities of your role.
Other actions, considered supererogatories, are commendable but not required.
supererogatories
Actions that are A good Samaritan who jumps into a river to save a drowning person, risking his or
commendable but her own life to do so, has performed a supererogatory action. Those who stood on the
not required in order bank receive no moral condemnation, because risking one’s life is above and beyond
for a person to be anyone’s moral duty. Of course, if one can help save a life with no great risk to oneself,
considered moral. a moral duty does exist in that situation.
Police officers have an ethical duty to get involved when others do not. Consider
the 2001 attack on the World Trade Center. One of the most moving images of that
tragedy was of police officers and firefighters running toward danger while others ran
away. Indeed, this professional duty to put oneself in harm’s way is why we revere and
pay homage to these public servants. Many civilians also put themselves in harm’s way
in this and other disasters, and because they have no professional duty to do so, they
can be said to be performing supererogatory actions.
There are also imperfect duties, general duties that one should uphold but do not imperfect duties
have a specific application as to when or how. For instance, most ethical systems sup- Moral duties that are
port a general duty of generosity but have no specific duty demanding a certain type not fully explicated or
detailed.
or manner of generosity. Another imperfect duty might be to be honest. Generally,
one should be honest, but, as we will see in Chapter 2, some ethical systems allow for
exceptions to the general rule.
Values
Values are defined as elements of desirability, worth, or importance. You may say that values Judgments
you value honesty; another way of saying it is that one of your values is honesty. Others of desirability, worth,
may value physical health, friendships, material success, or family. Individual values or importance.
form value systems. All people prioritize certain things that they consider import-
ant in life. Values only become clear when there is a choice to be made—for instance,
when you must choose between friendship and honesty or material success and family.
Behavior is generally consistent with values. For instance, an individual who is a work-
aholic, choosing to spend more time at work than with family and endangering their
health with long hours, stress, and lack of exercise, may believe that they value fam-
ily, but their actions indicate that they value financial or career success more. Others
place a higher priority on religious faith, wisdom, honesty, and/or independence than
financial success or status. Of course, our values are constantly being balanced. If one
chooses to get an advanced degree, some family time is sacrificed for the benefit of
future opportunities. The point is that we don’t really know what our values are until
we must choose between them. Consider the values in Box 1.3. Which, if any, do you
believe are more important than others? Do you ever think about the values by which
you live your life? Do you think that those professionals who are caught violating laws
and/or ethical codes of conduct have a clear sense of their value system?
Box 1.3 Values Exercise

Achievement Altruism Autonomy Creativity
Emotional well-being Family Health Honesty
Knowledge Justice Love Loyalty
Physical appearance Pleasure Power Recognition
Religious faith Skill Wealth Wisdom
Arrange these values in order of priority in your life. What life decisions have you made that
have been affected by the ordering of these values? Did you think of them directly when
making your decision?
12
Values as judgments of worth are often equated with moral judgments of good-
ness. We see that both can be distinguished from factual judgments, which can be
empirically verified. Note the difference between these factual judgments:
“He is lying.”
“It is raining.”
and these value judgments:
“She is a good woman.”
“That was a wonderful day.”
The last two judgments are more like moral judgments, such as “Lying is wrong”
or “Giving to charities is good.” Facts are capable of scientific proof, but values and
moral judgments are not.
Some writers think that value judgments and moral judgments are indistinguish-
able because neither can be verified. Some also think that values and morals are relativ-
istic and individual. In this view, there are no universal values; values are all subjective
and merely opinions. Because they are only opinions, no value is more important than
any other value (Mackie, 1977).
In contrast, others believe that not all values are equal and that some values, such
as honesty, are always more important than other values, such as pleasure. In this view,
values such as charity, altruism, integrity, knowledge, and responsibility are more
important or better than the values of pleasure or wealth. You may value personal plea-
sure over charity or honesty, but to someone who believes in universal values, you
would be wrong in this view. This question is related to a later discussion in Chapter 2
concerning whether ethics are relative or absolute.
As stated earlier, values imply a choice or a judgment. If, for instance, you were
confronted with an opportunity to cheat on an exam, your values of success and honesty
would be directly at odds. Values and morals are similar, although values indicate the
relative importance of these constructs, whereas morals prescribe or proscribe behavior.
The value of honesty is conceptually distinct from the moral rule against lying.
In the United States, success is defined almost exclusively by the accumulation
of material goods, not by doing good deeds. Ours is a capitalist country and so it is
not surprising that the value system that seems to be pervasive in our culture places
money over charity, service, or family. There are those who oppose this cultural mes-
sage—the tiny house movement, the living simply subculture, and others who actively
resist the “more is better” mantra are examples.
An explicit value system is part of every ethical system, as we will see in Chapter 2.
The values of life, respect for the person, and survival can be found in all ethical sys-
tems. Certain values hold special relevance to the criminal justice system and those
professionals who work within it. These include privacy, freedom, public order, justice,
duty, and loyalty.
Making Moral Judgments

We make moral or ethical judgments all the time: “Abortion is wrong.” “Capital punish-
ment is just.” “It’s good to give to charity.” “It’s wrong to hit your spouse.” “You should
put in a day’s work for a day’s pay.” “You shouldn’t take credit for someone else’s work.”
These are all judgments of good and bad behavior. We also make choices, knowing that
they can be judged as right or wrong. This chapter began with the question of whether
you should call in sick to enjoy a beautiful day. You may have done so even while agree-
ing it is wrong. Other behavioral choices come up frequently that can be judged as
moral or immoral, unethical or ethical. Should you give back extra change that a clerk
gave you by mistake? Should you tell a friend that her husband is having an affair even
though he asked you not to tell? Should you cut and paste sections of Wikipedia into
your term paper? Should you fudge the facts on your resume to bolster your chance of
getting a job? Should you take longer on a project than necessary to not get more work
assigned? These are all ethical decisions in that they can be judged as right or wrong.
Not all behaviors involve questions of ethics. Acts that can be judged as ethical or
unethical, moral or immoral, involve four elements: (1) acts (rather than beliefs) that
are (2) human and (3) of free will (4) that affect others.
1. Act. First, some act must have been performed. For instance, we are concerned
with the act of stealing or the act of contributing to charity, rather than an idle
thought that stealing a lot of money would enable us to buy a sailboat or a vague
intention to be more generous. We are not necessarily concerned with how people
feel or what they think about an action unless it has some bearing on what they
do. The intention or motive behind a behavior is an important component of that
behavior in some ethical systems; for instance, in ethical formalism (which we will
discuss in Chapter 2), one must know the intent of an action to be able to judge
it as moral or immoral. However, one also must have some action (not merely a
thought) to examine before making a moral judgment.
2. Only human acts. Second, judgments of moral or ethical behavior are directed spe-
cifically to human behavior. A dog that bites is not considered immoral or evil,
although we may criticize pet owners who allow their dogs the opportunity to bite.
Nor do we consider drought, famine, floods, or other natural disasters immoral
even though they result in death, destruction, and misery. The devastating earth-
quakes that hit Haiti in 2010, Nepal in 2015, and Ecuador in 2016 are not consid-
ered immoral, although individuals who could have helped victims and did not
might be. Philosophers widely believe that only humans can be moral (or immoral)
because of our capacity to reason. Because only humans have the capacity to be
good—which involves a voluntary, rational decision and subsequent action—only
humans, of all members of the animal kingdom, have the capacity to be bad.
What about actions taken by animals? There are those who argue that some
mammals show moral traits, if not moral sensibilities. Shermer (2004: 27–28), for
instance, recognizes a premoral sense in animals, including shame or guilt in dogs,
food sharing in bats, comforting and cooperative behaviors in chimpanzees, life-
saving behaviors in dolphins and elephants, and defending behaviors in whales.
He argues that mammals, especially apes, monkeys, dolphins, and whales, exhibit
attachment and bonding; cooperation and mutual aid; sympathy and empathy;
direct and indirect reciprocity; altruism and reciprocal altruism; conflict resolu-
tion and peacemaking; deception and deception detection; community concern
and caring about what others think; and awareness of and response to the social
rules of the group.
Does this mean, then, that these mammals can be considered moral or
immoral? Although perhaps they may be placed on the continuum of moral
14
awareness closer to humans than other species, one could also argue that they
do not possess the rationality of humans. They do not, as far as we know, freely
choose to be good or bad (another necessary element for moral judgments).
3. Free will. In addition to limiting discussions of morality to human behavior, we
usually further restrict our discussion to behavior that stems from free will and
free action. Moral culpability is not assigned to persons who are not sufficiently
aware of the world around them to be able to decide rationally what is good
or bad. The two groups traditionally exempt from responsibility in this sense
are the young and the insane, similarly to what occurs when ascribing legal
culpability.
Arguably, we do not judge the morality of their behavior because we do not
believe that they have the capacity to reason and, therefore, have not freely cho-
sen to be moral or immoral. Although we may chastise a two-year-old for hitting
a baby, we do so to educate or to socialize, not to punish, as we would an older
child or adult. We incapacitate the violent mentally ill to protect ourselves, but we
consider them sick, not evil. This is true even if their actual behavior is indistin-
guishable from that of other individuals we do punish. For example, a murder may
result in a death sentence or a hospital commitment, depending on whether the
person is judged to be sane or insane, responsible or not responsible.
4. Affects others. Finally, we usually discuss moral or immoral behavior only in cases
in which the behavior significantly affects others. For instance, throwing a rock
off a bridge would be neither good nor bad unless you could possibly hit or were
aiming at a person below. If no one is there, your behavior is neutral. If someone is
below, however, you might endanger that person’s life, so your behavior is judged
as bad.
All the ethical issues and dilemmas we will discuss in this book involve at least
two parties, and the decision to be made affects at least one other individual in every
case. It is difficult to think of an action that does not affect others, however indirectly.
Even self-destructive behavior is said to harm the people who love us and who would
be hurt by such actions.
Indeed, even a hermit living alone on a desert island may engage in immoral or
unethical actions. Whether he wants to be or not, the hermit is part of human society;
therefore, some people would say that even he might engage in actions that could be
judged immoral if they degrade or threaten the future of humankind, such as com-
mitting suicide or polluting the ocean. We sense that these elements are important in
judging morality when we hear the common rationale of those who, when judged as
doing something wrong, protest, “But nobody was hurt!” or “I didn’t mean to.”
One’s actions toward nature also might be defined as immoral, so relevant actions
include not only actions done to people but also those done to animals and to the
environment. To abuse or exploit animals is defined by some people as immoral.
Judgments are made against cockfighting, dog racing, laboratory experimentation on
animals, and hunting. The growing area of environmental ethics reflects increasing
concern for the future of the planet. The rationale for environmental ethics may be
that any actions that harm the environment affect all humans. It also might be justified
by the belief that humankind is a part of nature—not superior to it—and part of natu-
ral law should be to protect, not exploit, our world.
Thus far, we know that morality and ethics concern the judgment of behavior as
right or wrong. Furthermore, such judgments are directed only at voluntary human
behavior that affects other people, the earth, and living things. We can further restrict
our inquiries regarding ethics to those behavioral decisions that are relevant to one’s
profession in the criminal justice system. Discussions regarding the ethics of police
officers, for instance, would concern issues such as the following:
• Whether to take gratuities
• Whether to cover up the wrongdoing of a fellow officer
• Whether to sleep on duty
Discussions regarding the ethics of defense attorneys might include the following:
• Whether to devote more effort to private cases than appointed cases
• Whether to allow perjury
• Whether to attack the character of a victim to defend a client
Of course, these actions affect other people, as do most actions taken as a profes-
sional. In this text, we will present some of the unique issues and dilemmas related to
each area of the criminal justice system. It is important, first, however, to explore the
means available for analyzing and evaluating the “right” course of action.
Analyzing Ethical Issues and Policies

“Critical thinking skills” has become an overused and abused term in education, but
the core idea of critical thinking is to be more cognizant of facts as opposed to con-
cepts, assumptions, or biases and the use of objective reasoning to most effectively
reach a decision or understand a problem. Paul and Elder (2003) explain that all rea-
soning is based on assumptions, points of view, and data or evidence, but reasoning
is shaped by concepts and ideas that affect our interpretations of the data, which then
lead us to conclusions that give meaning to the data. To be a critical thinker, one must
ask these types of questions:
• What information am I using?
• What information do I need to settle the question?
• Is there another way to interpret the information?
• What assumption has led me to my conclusion?
• Is there another point of view I should consider?
• What implication or consequence might be the result of this conclusion?
In each of the discussions throughout the book that subject issues or policies to an
ethical analysis, critical thinking will be required. One of the most important elements
of critical thinking is to separate facts from concepts and identify underlying assump-
tions. In the issue we will analyze below, we will use only general concepts concerning
right and wrong because ethical systems will not be covered until Chapter 2. In all
analyses, we will begin by determining if there is any relevant law, then if there are rel-
evant policies, and, finally, ethical principles will be applied.
16
ETHICAL ISSUE
Should Attorney General Jeff Sessions “pull back” on federal investigations of police
departments?
During his confirmation hearings, Attorney General Sessions obtain settlement agreements. The attorney general has the
indicated his lack of enthusiasm for the Department of Jus- discretion to order such investigations—or not.
tice’s (DOJ) numerous “pattern and practice” investigations Policy
of police departments across the country. At the end of the The choice to utilize the DOJ’s power to force change in
Obama administration, there were 14 jurisdictions that had police departments is a policy decision. Under President
monitored consent decrees or settlements in place. The lat- Bush, the attorney general performed on average less than
est reports were of Baltimore and Chicago. Both of these one per year, with none begun between 2005 and 2008.
reports detailed a troubling pattern of use of force, discrim- Attorneys General Holder and Lynch, under President
inatory use of discretion, lack of clear directives over body Obama, performed about three per year.
cameras and tasers, and/or other problematic elements of
police departments. The DOJ’s report has typically resulted
Ethics
Attorney General Sessions is utilizing a cost–benefit ratio-
in a legal settlement detailing what steps were needed with
nale when he points to the risk that these investigations
a monitor put in place to see that changes were made.
and settlement orders result in decreased morale among
The Attorney General made comments on March 1, 2017
police officers with an increased unwillingness to conduct
reported by various news outlets that indicated he would
proactive policing. He associated the spike in violent crime
not be seeking consent decrees or settlements: “We need to
in Chicago and other cities to this negative outcome. We
help police departments get better, not diminish their effec-
need facts to determine if these DOJ interventions result in
tiveness, and I’m afraid we have done some of that . . . .
overall good outcomes or negative outcomes. We also need
So we’re going to pull back on this” (referring to the consent
to know if there are other alternatives that could improve
decrees) (Byrne, Wilber, and Hinkel, 2017). While some
police departments without the attendant costs of the con-
police unions have applauded the stand, advocates strongly
oppose any pullback. They argue that consent decrees have sent decrees. It is also important to note where these facts
come from because advocacy groups on both sides have
led to better policing, lasting change, and best practices for
strong opinions and their presentation may not be purely
all police departments. Objective research on their effec-
unbiased. An ethical analysis would look at “stakeholders”
tiveness is mixed (Arthur, 2017; Walker, 2017).
who are affected (police officers, administrators, citizens,
Law members of minority groups, taxpayers, arrestees, and so
The 1994 Violent Crime Control and Law Enforcement Act on). Would “pulling back” result in worse outcomes for these
allowed the Department of Justice to investigate “patterns groups? Would it result in better outcomes for some and
and practices” of local and state law enforcement agencies worse outcomes for others? Is there any evidence that such
to determine whether there was a pattern of civil rights vio- settlements resulted in decreased (or increased) crime?
lations. If the investigation proved abuse, there could be a In order to more fully analyze the ethics of this policy
settlement or consent decree that would be agreed upon by choice, we need to know more about consent decrees
all parties and approved by a federal judge. If the agency (which will be discussed more fully in Chapter 7) and more
refused, DOJ could sue. This law remains in place so the information about ethical systems (which will be discussed
DOJ has the legal authority to institute investigations and in Chapter 2).
Analyzing Ethical Dilemmas

Recall that an ethical dilemma is when an individual is faced with at least two courses
of action and the decision is difficult. In applied ethics texts, various authors set out the
steps to take when facing ethical dilemmas. For instance, Ruggiero (2001) advises us
to (1) study the details of the case, (2) identify the relevant criteria (obligations, ideals,
and consequences), (3) determine possible courses of action, and (4) decide which
action is the most ethical. This approach is very like the one we will use throughout
the book when analyzing ethical dilemmas, detailed in the steps below:
1. Identify the facts. Make sure that one has all the facts that are known—not future
predictions, not suppositions, not probabilities.
2. Identify relevant values and concepts. Concepts are things that cannot be proven
empirically but are relevant to the issue at hand. Understand that your concepts
and values may affect the way you interpret the facts. For instance, the issue of
abortion not only revolves around the value of life, but it is also a concept in that
there is no agreement of when life begins or ends (although there are provable
facts regarding the existence of respiration, brain activity, and other body func-
tions). Many arguments surrounding ethical issues are really arguments about
concepts that cannot be proven (e.g., “life”).
3. Identify all possible dilemmas and then decide what is the most immediate dilemma.
Identifying all dilemmas can help us see that sometimes one’s own moral or eth-
ical dilemma is caused by others’ actions. For instance, a police officer’s ethical
dilemma when faced with the wrongdoing of a fellow officer is a direct result of
that other officer making a bad choice.
4. Decide what is the most immediate moral or ethical issue facing the individual.
This is always a behavior choice, not an opinion. For example, the moral issue of
whether abortion should be legalized is quite different from the moral dilemma of
whether I should have an abortion if I find myself pregnant. Obviously, one affects
the other, but they are conceptually distinct.
5. Resolve the ethical or moral dilemma by using an ethical system or some other means
of decision making. (Ethical systems will be discussed in Chapter 2.)
Ethical Dilemma
You are a correctional officer working the late-night Law
shift. Your sergeant and another officer from the day Correctional officers, like police officers, have the legal
shift come onto the tier where you are working and ask authority to use physical force to defend themselves or
you to open an inmate’s cell. After you do so, they en- others, or to subdue an inmate. Legally, they can only
ter the cell. Then you hear a series of grunts, cries, and use the reasonable force necessary to accomplish their
moans. They leave, muttering about how the inmate has goal (which is usually stopping a fight, removing an in-
been taught a lesson. You believe that you have been a mate from a cell, or moving an inmate to segregation).
party to an assault, but you say nothing. The next night Obviously, if this was a case of going into a cell for the
you find out that the inmate did not report the incident, express purpose of a retaliatory beating, then it would
nor did any other inmate. You believe that if you come constitute either simple or aggravated assault and the
forward and report what you saw, you will be severely officers involved could be prosecuted. The correctional
ostracized. You may not be believed (especially if the officer has a legal duty to protect inmates and might
inmate doesn’t back you up). You might even lose your be an accessory after the fact if he lies about the in-
job. What would you do? cident, or be subject to some charge of obstruction if
(continued)
18
there is an investigation, or malfeasance of office for 2. The officer might examine the relevant values. In this
not coming forward. situation, one can identify duty, legality, honesty, integ-
Policy rity, safety, protection, loyalty, self-preservation, and
Every correctional facility has express policies regarding trust. Are any other values important to resolve the
the use of force. Usually a sergeant or lieutenant must dilemma? Concepts that may affect this dilemma
give approval of the use of force, usually a use-of-force re- include things like just punishment—if one feels that
port must be written, and, usually, there are procedures in prison as punishment is not enough, then that concept
place for a medical professional to check the inmate after will affect the way this dilemma is perceived.
the use of force to make sure there are no serious injuries. 3. Several ethical dilemmas come into play here. The first
Obviously, there is no policy that would allow retaliatory is whether the other officers should have entered the
uses of force. Thus, what happened was a clear violation prisoner’s cell. There is probably an earlier issue involv-
of policy. ing whatever the prisoner did to warrant the visit. There
Ethics is obviously the dilemma of whether the officer should
Understanding the law and policies related to the event have let off-duty officers into the cell in the first place.
does not necessarily resolve the ethical dilemma. Thus, we Finally, there is the dilemma of what the officer should
move to an ethical analysis as detailed above: do now that he believes an injustice may have taken
place.
1. This officer must make sure that he has all the facts.
Was the inmate hurt? Did his injuries occur during the 4. The most immediate dilemma for the officer is whether
time the two other officers were in his cell? Is the officer to come forward with the information.
sure that no one reported it? Would the inmate come 5. To resolve the dilemma, it is helpful to work through
forward if he believed that someone would testify against Chapter 2 first because one way to resolve ethical
the other two officers, or would he deny the assault (if dilemmas is to decide on an ethical system. If the officer
there was one)? What other facts are important to was a utilitarian, he would weigh the costs and benefits
know? Remember that facts are those things that can be for all concerned in coming forward and in staying quiet.
proven; however, this does not necessarily mean that the If he followed duty-based ethics (ethical formalism), he
individual facing the dilemma knows what the facts are. would find the answer once he determined his duty.
It is important to note that very often the ethical thing to do is clear once you
identify the relevant law and/or policy. Although there are instances where the law or
policy itself is unethical, in most situations, if something is illegal, it is also unethical.
Most individuals who engage in public corruption know that they are violating the
law, but they do it anyway. There is no ethical dilemma involved when a police officer
decides whether to steal from a burglary site or a prosecutor decides to hide excul-
patory evidence; these acts are illegal and wrong and the individual knows they are
wrong. We use ethical analysis when the right thing to do is not clear. Why someone
chooses to behave in an illegal or unethical way is the subject of Chapter 4.
Another type of dilemma is when you know what is the right thing to do, but
doing it comes at great cost. The clearest example of this situation is the so-called blue
curtain of secrecy that refers to police officers covering up the wrongdoing of peers.
Those who do not and, instead, come forward and testify against a fellow officer typ-
ically face social ostracism and, sometimes, worse retaliation. It should also be noted
that the same phenomenon exists in other professions to some degree. Whistleblowers
may lose their job or be blacklisted from their profession. Thus, sometimes it is fairly
easy to apply ethical analysis to determine the right thing to do but extremely difficult
to do it when there are great costs.
Walking the Walk
Scott Waddle was the captain of the USS Greenville in grimly kept the crew focused and instructed them over the
2001, a former Eagle Scout whose career in the navy saw a intercom, “Remember what you saw, remember what hap-
steady progression of successes resulting in his command pened, do not embellish. Tell the truth and maintain your
of the Greenville. A tireless promoter of the navy and the dignity.”
giant submarine he captained, Waddle sent autographed Against his lawyer’s advice, Waddle gave up his right
pictures of the sub to schoolchildren, and he enthusias- to silence in the military tribunal that was held to assess
tically participated in the “distinguished visitor” program, whether to court-martial him. He was reported to have said,
which allowed civilians to accompany the submarine crew “This court needs to hear from me—it’s the right thing to
on cruises. do.” In his testimony, he refused to shift responsibility to
During one of these public relations cruises, on Feb- others and accepted all blame for the accident. He said,
ruary 9, 2001, the submarine captain gave the order for “I’m solely responsible for this truly tragic accident, and
an “emergency blow,” a maneuver in which the submarine for the rest of my life I will have to live with the horrible
comes up out of the depths at great speed, breaking the consequences.”
surface of the water like a breaching whale before settling A father of one of the victims was sitting in the room
back onto the surface. In a tragic accident, the probabilities when Waddle testified, and his anger was overcome by
of which boggle the mind, the submarine came up under a Waddle’s tearful apology. Waddle ultimately accepted a
Japanese trawler carrying students and their teachers as letter of reprimand that ended his career with the navy.
well as a crew. The submarine smashed it to bits and sent Then he went to Japan to apologize to the victims’ families
the crew and passengers who survived the initial impact personally.
into the ocean. The accident killed nine people and cost In the aftermath of his decision to testify and not fight
more than $100 million in damages and compensation to keep his career, Waddle reported that he considered
costs. suicide, but he moved past his shame and guilt. Today he
The ensuing investigation and testimony determined gives speeches on the experience and advises others of the
that the person in charge of the radar deferred to Wad- importance of dealing with failure honestly, one of which
dle’s visual inspection of the surface and didn’t tell him of was to a Boy Scout awards ceremony in Chattanooga, Ten-
a sonar contact that was within 4,000 yards. Waddle and nessee. Speaking to the 500 attendees, he said that the
other officers who manned the periscope had scanned the values of honesty and responsibility he learned in Scouting
surface too quickly and missed the small ship in the turbu- helped him make the decisions he did during the aftermath
lent swells. Testimony indicated that after the crash Waddle of the accident.
Sources: Hight, 2005; Putman, 2008; Thomas, 2001.
Conclusion
In this chapter, we distinguished ethical issues or policies and ethical dilemmas. We
explained why a study of ethics is especially important to criminal justice profes-
sionals. It also was noted that not all behaviors would be subject to ethical judg-
ments—only those that are performed by humans who are acting with free will and
that affect others. We also defined the terms morals and ethics as both relate to stan-
dards of behavior. Professional ethics deals with only those behaviors relevant to
one’s profession. We make ethical judgments (what we consider right and wrong) us-
ing rationales derived from historical and traditional ethical systems. These ethical
systems will be described in Chapter 2.
20
The most important thing to remember is that we all encounter situations where
we must determine the ethical or moral course of action. In the Walking the Walk
boxes, present in each chapter, we will offer real-life examples of individuals who
faced ethical dilemmas. In many of these situations, the easier decision would have
been to avoid responsibility, transfer blame, hide behind rationalizations, or refuse
to stand up for what is right. By becoming aware of those who uphold ethics in their
professional decision making, we can honor them for doing what is right.
This chapter closes with a chapter review and study questions to answer in class
or in a journal. These can be helpful to check your understanding of the issues.
These are followed by writing/discussion exercises, which have no right or wrong
answers and can be the basis for classroom discussions or individual writing assign-
ments. Finally, ethical dilemmas are presented to encourage the reader to practice
ethical analysis.
Chapter Review
1. Explain the difference between ethical issues and ethical dilemmas.
Ethical issues are broad social or policy questions, while ethical dilemmas are sit-
uations in which one person must make a decision that can be judged as right or
wrong, and where what is right is difficult to decide or is hard to do for some other
reason.
2. Give examples of how discretion permeates every phase of the criminal justice
system and creates ethical dilemmas for criminal justice professionals.
Discretion can be defined as the power and authority to choose one of two or
more alternative behaviors. At each stage of the criminal justice system, profes-
sionals have such discretion: legislators make decisions regarding the creation of
laws, police make decisions on the street in their enforcement of those laws, pros-
ecutors make decisions about which arrests to formally prosecute, judges make
decisions about which evidence to allow, and correctional professionals make de-
cisions that affect the lives of offenders.
3. Explain why the study of ethics is important for criminal justice professionals.
First, we study ethics because criminal justice is uniquely involved in coercion,
which means there are many and varied opportunities to abuse such power. Sec-
ond, almost all criminal justice professionals are public servants and, thus, owe
special duties to the public they serve. Finally, we study ethics to sensitize students
to ethical issues and provide tools to help identify and resolve the ethical dilem-
mas they may face in their professional lives.
4. Learn the definitions of the terms morals, ethics, duties, supererogatories, and
values.
The terms morals and ethics come from Greek and Latin words referring to custom
or behavioral practices. Morals refer to what is judged as good conduct. Ethics
refers to the study and analysis of what constitutes good or bad conduct. Duties are
obligatory acts (by law, practice, or morals). Supererogatories are those acts that go
above and beyond duties. Values are statements of worth or importance.
5. Describe what behaviors might be subject to moral/ethical judgments.

Behaviors that can be adjudged under moral criteria are those that are acts (not
thought) committed by humans (not animals) of free will (not by those judged as
incompetent) and that affect others.
Study Questions
1. Define a public servant and why public servants should be especially sensitive to
ethical issues.
2. Discuss Felkenes’s reasons for why it is important for criminal justice professionals
to study ethics.
3. Define morals, ethics, values, duties, supererogatories, imperfect duties, meta-ethics,
normative ethics, and applied ethics.
4. What are the four elements that specify the types of behaviors that are judged un-
der ethical criteria? Which groups traditionally have been exempt from legal and
moral culpability? Why?
5. What are the steps in analyzing an ethical dilemma?
Writing/Discussion Exercises
1. Write an essay about (or discuss) a difficult ethical dilemma that you faced. What
was it? What were the options available to you? Who was affected by your deci-
sion? Were there any laws, rules, or guidelines that affected your decision? How
did you make your decision?
2. Write an essay about (or discuss) whether public servants should be held to higher
standards than the rest of us. Touch on the following questions in your response:
Should we be concerned about a politician who has extramarital affairs? Drinks
to excess? Gambles? Uses drugs? Abuses his or her spouse? What if the person is
a police officer? A judge? Should a female police officer be sanctioned for posing
naked in a men’s magazine, using pieces of her uniform as “props”? Should a pro-
bation officer socialize in bars that his or her probationers are likely to frequent?
Should a prosecutor be extremely active in a political party and then make deci-
sions regarding targets of “public integrity” investigations of politicians?
3. Write an essay about (or discuss) the issue of the medical use of marijuana. What
do medical studies indicate regarding whether it is necessary or the best medical
alternative for certain patients? What do critics argue in their opposition to the
medical use laws? If you or a loved one were suffering and someone told you that
marijuana could ease your pain, would you violate the law or not? Why?
Key Terms
discretion ethical issues morals
duties ethics supererogatories
ethical dilemmas imperfect duties values
22
Ethical Dilemmas
Situation 1
A rich businessman’s daughter, Patty, had the best of everything all her life. Her fu-
ture would have included college, a good marriage to a successful young man, and a
life of comparative luxury—except that she was kidnapped by a small band of rad-
ical extremists who sought to overthrow the government by terror, intimidation,
and robbery. After being raped, beaten, and locked in a small, dark closet for many
days, continually taunted and threatened, she was told that she must participate with
the terrorist gang in a bank robbery; otherwise, she and her family would be killed.
During the robbery, a bank guard was shot.
Was her action immoral? What if she had killed the guard? What if the terrorists
had kidnapped her mother or father, too, and told her if she didn’t cooperate, they
would kill her parents immediately? What would you have done in her place? (Read-
ers might recognize this dilemma as the Patty Hearst case. In 1974, the Symbionese
Liberation Army, a terrorist group, kidnapped the daughter of Randolph Hearst, the
tycoon of a large newspaper chain. Her subsequent capture, trial, conviction, and
prison sentence have been portrayed in books and movies and provide ripe material
for questions of free will and legal and moral culpability.)
Situation 2
You are taking an essay exam in a college classroom. The test is closed book and
closed notes, yet you look up and see that the person sitting next to you has hid-
den under his blue book a piece of paper filled with notes, which he is using to an-
swer some questions. What would you do? Would your answer change if the test
was graded on a curve? What if the student were a friend? What would you do if the
student was flunking the course and was going to lose the scholarship he needed to
stay in school? What about a situation of plagiarism? Would you turn in a student if
you knew he or she had turned in a plagiarized paper? Why or why not? If someone
cheats in school, isn’t it likely that he or she will be less honest as a criminal justice
professional?
Situation 3
You are selected for a jury in a trial of a 64-year-old mother who killed her two adult
sons. The two men had Huntington’s disease, a degenerative brain disease, and were
institutionalized. They were certain to die and would endure much pain and suffer-
ing before they expired. The defendant’s husband had died from this same disease,
and she had nursed him throughout his illness until his death.
The defendant took a gun into the nursing home, kissed her sons good-bye, and
then shot them both through the head. She was arrested for first-degree murder.
The prosecutor informs you that there is no “mercy killing” defense in the law as it
is written.
If you were on the jury, how would you decide this case? What punishment does
she deserve? (See “Justice Tempered with Mercy,” by K. Ellington, Houston Chronicle,
January 30, 2003, 10A. The prosecutor accepted a plea of guilty to assisting suicide.)
Situation 4
You are completing an internship with a juvenile probation agency and truly have
enjoyed the experience. Although working with the kids is challenging, you see
many rewards in the job, especially when you sense that you are reaching a client
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was without true depth, either ideal or phenomenal. As to the first,
we have only to think of the bursting passion with which the Gothic
world-feeling discharged itself upon the whole Western landscape,
and we shall see at once what sort of a movement it was that the
handful of select spirits—scholars, artists and humanists—initiated
about 1420.[300] In the first the issue was one of life and death for a
new-born soul, in the second it was a point of—taste. The Gothic
gripped life in its entirety, penetrated its most hidden corners. It
created new men and a new world. From the idea of Catholicism to
the state-theory of the Holy Roman Emperors, from the knightly
tourney to the new city-form, from cathedral to cottage, from
language-building to the village maiden’s bridal attire, from oil-
painting to the Spielmann’s song, everything is hall-marked with the
stamp of one and the same symbolism. But the Renaissance, when
it had mastered some arts of word and picture, had shot its bolt. It
altered the ways of thought and the life-feeling of West Europe not
one whit. It could penetrate as far as costume and gesture, but the
roots of life it could not touch—even in Italy the world-outlook of the
Baroque is essentially a continuation of the Gothic.[301] It produced no
wholly great personality between Dante and Michelangelo, each of
whom had one foot outside its limits. And as for the other—
phenomenal or manifested depth—the Renaissance never touched
the people, even in Florence itself. The man for whom they had ears
was Savonarola—a phenomenon of quite another spiritual order and
one which begins to be comprehensible when we discern the fact
that, all the time, the deep under-currents are steadily flowing on
towards the Gothic-musical Baroque. The Renaissance as an anti-
Gothic movement and a reaction against the spirit of polyphonic
music has its Classical equivalent in the Dionysiac movement. This
was a reaction against Doric and against the sculptural-Apollinian
world-feeling. It did not “originate” in the Thracian Dionysus-cult, but
merely took this up as a weapon against and counter-symbol to the
Olympian religion, precisely as in Florence the cult of the antique
was called in for the justification and confirmation of a feeling already
there. The period of the great protest was the 7th Century in Greece
and (therefore) the 15th in West Europe. In both cases we have in
reality an outbreak of deep-seated discordances in the Culture,
which physiognomically dominates a whole epoch of its history and
especially of its artistic world—in other words, a stand that the soul
attempts to make against the Destiny that at last it comprehends.
The inwardly recalcitrant forces—Faust’s second Soul that would
separate itself from the other—are striving to deflect the sense of the
Culture, to repudiate, to get rid of or to evade its inexorable
necessity; it stands anxious in presence of the call to accomplish its
historical fate in Ionic and Baroque. This anxiety fastened itself in
Greece to the Dionysus-cult with its musical, dematerializing, body-
squandering orgasm, and in the Renaissance to the tradition of the
Antique and its cult of the bodily-plastic tradition. In each case, the
alien expression-means was brought in consciously and deliberately,
in order that the force of a directly-opposite form-language should
provide the suppressed feelings with a weight and a pathos of their
own, and so enable them to stand against the stream—in Greece the
stream which flowed from Homer and the Geometrical to Phidias, in
the West that which flowed from the Gothic cathedrals, through
Rembrandt, to Beethoven.
It follows from the very character of a counter-movement that it is
far easier for it to define what it is opposing than what it is aiming at.
This is the difficulty of all Renaissance research. In the Gothic (and
the Doric) it is just the opposite—men are contending for something,
not against it—but Renaissance art is nothing more nor less than
anti-Gothic art. Renaissance music, too, is a contradiction in itself;
the music of the Medicean court was the Southern French “ars
nova,” that of the Florentine Duomo was the Low-German
counterpoint, both alike essentially Gothic and the property of the
whole West.
The view that is customarily taken of the Renaissance is a very
clear instance of how readily the proclaimed intentions of a
movement may be mistaken for its deeper meaning. Since
Burckhardt,[302] criticism has controverted every individual proposition
that the leading spirits of the age put forward as to their own
tendencies—and yet, this done, it has continued to use the word
Renaissance substantially in the former sense. Certainly, one is
conscious at once in passing to the south of the Alps of a marked
dissimilarity in architecture in particular and in the look of the arts in
general. But the very obviousness of the conclusion that the
impression prompts should have led us to distrust it and to ask
ourselves, instead, whether the supposed distinction of Gothic and
“antique” was not in reality merely a difference between Northern
and Southern aspects of one and the same form-world. Plenty of
things in Spain give the impression of being “Classical” merely
because they are Southern, and if a layman were confronted with the
great cloister of S. Maria Novella or the façade of the Palazzo Strozzi
in Florence and asked to say if these were “Gothic” he would
certainly guess wrong. Otherwise, the sharp change of spirit ought to
have set in not beyond the Alps but only beyond the Apennines, for
Tuscany is artistically an island in Italian Italy. Upper Italy belongs
entirely to a Byzantine-tinted Gothic; Siena in particular is a genuine
monument of the counter-Renaissance, and Rome is already the
home of Baroque. But, in fact, it is the change of landscape that
coincides with the change of feeling.
In the actual birth of the Gothic style Italy had indeed no inward
share. At the epoch of 1000 the country was still absolutely under the
domination of Byzantine taste in the East and Moorish taste in the
South. When Gothic first took root here it was the mature Gothic,
and it implanted itself with an intensity and force for which we look in
vain in any of the great Renaissance creations—think of the “Stabat
Mater,” the “Dies Iræ,” Catharine of Siena, Giotto and Simone
Martini! At the same time, it was lighted from the South and its
strangeness was, as it were, softened in acclimatization. That which
it suppressed or expelled was not, as has been supposed, some
lingering strains of the Classical but purely the Byzantine-cum-
Saracen form-language that appealed to the senses in familiar
everyday life—in the buildings of Ravenna and Venice but even
more in the ornament of the fabrics, vessels and arms imported from
the East.
If the Renaissance had been a “renewal” (whatever that may
mean) of the Classical world-feeling, then, surely, would it not have
had to replace the symbol of embraced and rhythmically-ordered
space by that of closed structural body? But there was never any
question of this. On the contrary, the Renaissance practised wholly
and exclusively an architecture of space prescribed for it by Gothic,
from which it differed only in that in lieu of the Northern “Sturm und
Drang” it breathed the clear equable calm of the sunny, care-free
and unquestioning South. It produced no new building-idea, and the
extent of its architectural achievement might almost be reduced to
façades and courtyards.
Now, this focussing of expressible effort upon the street-front of a
house or the side of a cloister—many-windowed and ever significant
of the spirit within—is characteristic of the Gothic (and deeply akin to
its art of portraiture); and the cloistered courtyard itself is, from the
Sun-temple of Baalbek to the Court of the Lions in the Alhambra, as
genuinely Arabian. And in the midst of this art the Poseidon temple
of Pæstum, all body, stands lonely and unrelated: no one saw it, no
one attempted to copy it. Equally un-Attic is the Florentine sculpture,
for Attic is free plastic, “in the round” in the full sense of the words,
whereas every Florentine statue feels behind it the ghost of the niche
into which the Gothic sculptor had built its real ancestors. In the
relation of figure to background and in the build of the body, the
masters of the “Kings’ heads” at Chartres and the masters of the
“George” choir at Bamberg exhibit the same interpenetration of
“Antique” and Gothic expression-means that we have, neither
intensified nor contradicted, in the manner of Giovanni Pisano and
Ghiberti and even Verrocchio.
If we take away from the models of the Renaissance all elements
that originated later than the Roman Imperial Age—that is to say,
those belonging to the Magian form-world—nothing is left. Even from
Late-Roman architecture itself all elements derived from the great
days of Hellas had one by one vanished. Most conclusive of all,
though, is that motive which actually dominates the Renaissance,
which because of its Southern-ness we regard as the noblest of the
Renaissance characters, viz., the association of round-arch and
column. This association, no doubt, is very un-Gothic, but in the
Classical style it simply does not exist, and in fact it represents the
leitmotif of the Magian architecture that originated in Syria.
But it was just then that the South received from the North those
decisive impulses which helped it first of all to emancipate itself
entirely from Byzantium and then to step from Gothic into Baroque.
In the region comprised between Amsterdam, Köln and Paris[303]—
the counter-pole to Tuscany in the style-history of our culture—
counterpoint and oil-painting had been created in association with
the Gothic architecture. Thence Dufay in 1428 and Willaert in 1516
came to the Papal Chapel, and in 1527 the latter founded that
Venetian school which was decisive of Baroque music. The
successor of Willaert was de Rore of Antwerp. A Florentine
commissioned Hugo van der Goes to execute the Portinari altar for
Santa Maria Nuova, and Memlinc to paint a Last Judgment. And
over and above this, numerous pictures (especially Low-Countries
portraits) were acquired and exercised an enormous influence. In
1450 Rogier van der Weyden himself came to Florence, where his
art was both admired and imitated. In 1470 Justus van Gent
introduced oil-painting to Umbria, and Antonello da Messina brought
what he had learned in the Netherlands to Venice. How much
“Dutch” and how little “Classical” there is in the pictures of Filippino
Lippi, Ghirlandaio and Botticelli and especially in the engravings of
Pollaiulo! Or in Leonardo himself. Even to-day critics hardly care to
admit the full extent of the influence exercised by the Gothic North
upon the architecture, music, painting and plastic of the
Renaissance.[304] It was just then, too, that Nicolaus Cusanus,
Cardinal and Bishop of Brixen (1401-1464), brought into
mathematics the “infinitesimal” principle, that contrapuntal method of
number which he reached by deduction from the idea of God as
Infinite Being. It was from Nicholas of Cusa that Leibniz received the
decisive impulse that led him to work out his differential calculus; and
thus was forged the weapon with which dynamic, Baroque,
Newtonian, physics definitely overcame the static idea characteristic
of the Southern physics that reaches a hand to Archimedes and is
still effective even in Galileo.
The high period of the Renaissance is a moment of apparent
expulsion of music from Faustian art. And in fact, for a few decades,
in the only area where Classical and Western landscapes touched,
Florence did uphold—with one grand effort that was essentially
metaphysical and essentially defensive—an image of the Classical
so convincing that, although its deeper characters were without
exception mere anti-Gothic, it lasted beyond Goethe and, if not for
our criticism, yet for our feelings, is valid to this day. The Florence of
Lorenzo de’ Medici and the Rome of Leo the Tenth—that is what for
us the Classical is, an eternal goal of most secret longing, the only
deliverance from our heavy hearts and limit upon our horizon. And it
is this because, and only because, it is anti-Gothic. So clean-cut is
the opposition of Apollinian and Faustian spirituality.
But let there be no mistake as to the extent of this illusion. In
Florence men practiced fresco and relief in contradiction of Gothic
glass-painting and Byzantine gold-ground mosaic. This was the one
moment in the history of the West when sculpture ranked as the
paramount art. The dominant elements in the picture are the poised
bodies, the ordered groups, the structural side of architecture. The
backgrounds possess no intrinsic value, merely serving to fill up
between and behind the self-sufficient present of the foreground-
figures. For a while here, painting is actually under the domination of
plastic; Verrocchio, Pollaiuolo and Botticelli were goldsmiths. Yet, all
the same, these frescoes have nothing of the spirit of Polygnotus in
them. Examine a collection of Classical painted vases—not in
individual specimens or copies (which would give the wrong idea)
but in the mass, for this is the one species of Classical art in which
originals are plentiful enough to impress us effectively with the will
that is behind the art. In the light of such a study, the utter un-
Classicalness of the Renaissance-spirit leaps to the eye. The great
achievement of Giotto and Masaccio in creating a fresco-art is only
apparently a revival of the Apollinian way of feeling; but the depth-
experience and idea of extension that underlies it is not the
Apollinian unspatial and self-contained body but the Gothic field
(Bildraum). However recessive the backgrounds are, they exist. Yet
here again there was the fullness of light, the clarity of atmosphere,
the great noon-calm, of the South; dynamic space was changed in
Tuscany, and only in Tuscany, to the static space of which Piero
della Francesca was the master. Though fields of space were
painted, they were put, not as an existence unbounded and like
music ever striving into the depths, but as sensuously definable.
Space was given a sort of bodiliness and order in plane layers, and
drawing, sharpness of outline, definition of surface were studied with
a care that seemingly approached the Hellenic ideal. Yet there was
always this difference, that Florence depicted space perspectively as
singular in contrast with things as plural, whereas Athens presented
things as separate singulars in contrast to general nothingness. And
in proportion as the surge of the Renaissance smoothed down, the
hardness of this tendency receded, from Masaccio’s frescoes in the
Brancacci Chapel to Raphael’s in the Vatican Stanze, until the
sfumato of Leonardo, the melting of the edges into the background,
brings a musical ideal in place of the relief-ideal into painting. The
hidden dynamic is equally unmistakable in the sculpture of Florence
—it would be perfectly hopeless to look for an Attic companion for
Verrocchio’s equestrian statue.[305] This art was a mask, a mode of
the taste of an élite, and sometimes a comedy—though never was
comedy more gallantly played out. The indescribable inward purity of
Gothic form often causes us to forget what an excess of native
strength and depth it possessed. Gothic, it must be repeated again,
is the only foundation of the Renaissance. The Renaissance never
even touched the real Classical, let alone understood it or “revived”
it. The consciousness of the Florentine élite, wholly under literary
influences, fashioned the deceptive name to positivize the negative
element of the movement—thereby demonstrating how little such
currents are aware of their own nature. There is not a single one of
their great works that the contemporaries of Pericles, or even those
of Cæsar, would not have rejected as utterly alien. Their palace
courtyards are Moorish courtyards, and their round arches on
slender pillars are of Syrian origin. Cimabue taught his century to
imitate with the brush the art of Byzantine mosaic. Of the two famous
domical buildings of the Renaissance, the domed cathedral of
Florence is a masterpiece of late Gothic, and St. Peter’s is one of
early Baroque. When Michelangelo set himself to build the latter as
the “Pantheon towering over the Basilica of Maxentius,” he was
naming two buildings of the purest early Arabian style. And ornament
—is there indeed a genuine Renaissance ornamentation? Certainly
there is nothing comparable in symbolic force with the ornamentation
of Gothic. But what is the provenance of that gay and elegant
embellishment which has a real inward unity of its own and has
captivated all Europe? There is a great difference between the home
of a “taste” and the home of the expression-means that it employs:
one finds a great deal that is Northern in the early Florentine motives
of Pisano, Maiano, Ghiberti and Della Quercia. We have to
distinguish in all these chancels, tombs, niches and porches
between the outward and transferable forms (the Ionic column itself
is doubly a transfer, for it originated in Egypt) and the spirit of the
form-language that uses them as means and signs. One Classical
element or item is equivalent to another so long as something un-
Classical is being expressed—significance lies not in the thing but in
the way in which it is used. But even in Donatello such motives are
far fewer than in mature Baroque. As for a strict Classical capital, no
such thing is to be found.
And yet, at moments, Renaissance art succeeded in achieving
something wonderful that music could not reproduce—a feeling for
the bliss of perfect nearness, for pure, restful and liberating space-
effects, bright and tidy and free from the passionate movement of
Gothic and Baroque. It is not Classical, but it is a dream of Classical
existence, the only dream of the Faustian soul in which it was able to
forget itself.
VI
And now, with the 16th Century, the decisive epochal turn begins
for Western painting. The trusteeship of architecture in the North and
that of sculpture in Italy expire, and painting becomes polyphonic,
“picturesque,” infinity-seeking. The colours become tones. The art of
the brush claims kinship with the style of cantata and madrigal. The
technique of oils becomes the basis of an art that means to conquer
space and to dissolve things in that space. With Leonardo and
Giorgione begins Impressionism.
In the actual picture there is transvaluation of all the elements. The
background, hitherto casually put in, regarded as a fill-up and, as
space, almost shuffled out of sight, gains a preponderant
importance. A development sets in that is paralleled in no other
Culture, not even in the Chinese which in many other respects is so
near to ours. The background as symbol of the infinite conquers the
sense-perceptible foreground, and at last (herein lies the distinction
between the depicting and the delineating styles) the depth-
experience of the Faustian soul is captured in the kinesis of a
picture. The space-relief of Mantegna’s plane layers dissolves in
Tintoretto into directional energy, and there emerges in the picture
the great symbol of an unlimited space-universe which comprises
the individual things within itself as incidentals—the horizon. Now,
that a landscape painting should have a horizon has always seemed
so self-evident to us that we have never asked ourselves the
important question: Is there always a horizon, and if not, when not
and why not? In fact, there is not a hint of it, either in Egyptian relief
or in Byzantine mosaic or in vase-paintings and frescoes of the
Classical age, or even in those of the Hellenistic in spite of its spatial
treatment of foregrounds. This line, in the unreal vapour of which
heaven and earth melt, the sum and potent symbol of the far,
contains the painter’s version of the “infinitesimal” principle. It is out
of the remoteness of this horizon that the music of the picture flows,
and for this reason the great landscape-painters of Holland paint
only backgrounds and atmospheres, just as for the contrary reason
“anti-musical” masters like Signorelli and especially Mantegna, paint
only foregrounds and “reliefs.” It is in the horizon, then, that Music
triumphs over Plastic, the passion of extension over its substance. It
is not too much to say that no picture by Rembrandt has a
foreground at all. In the North, the home of counterpoint, a deep
understanding of the meaning of horizons and high-lighted distances
is found very early, while in the South the flat conclusive gold-
background of the Arabic-Byzantine picture long remained supreme.
The first definite emergence of the pure space-feeling is in the Books
of Hours of the Duke of Berry (that at Chantilly and that at Turin)
about 1416. Thereafter, slowly and surely, it conquers the Picture.
The same symbolic meaning attaches to clouds. Classical art
concerns itself with them no more than with horizons, and the painter
of the Renaissance treats them with a certain playful superficiality.
But very early the Gothic looked at its cloud-masses, and through
them, with the long sight of mysticism; and the Venetians (Giorgione
and Paolo Veronese above all) discovered the full magic of the
cloud-world, of the thousand-tinted Being that fills the heavens with
its sheets and wisps and mountains. Grünewald and the
Netherlanders heightened its significance to the level of tragedy. El
Greco brought the grand art of cloud-symbolism to Spain.
It was at the same time that along with oil-painting and
counterpoint the art of gardens ripened. Here, expressed on the
canvas of Nature itself by extended pools, brick walls, avenues,
vistas and galleries, is the same tendency that is represented in
painting by the effort towards the linear perspective that the early
Flemish artists felt to be the basic problem of their art and
Brunellesco, Alberti and Piero della Francesca formulated. We may
take it that it was not entirely a coincidence that this formulation of
perspective, this mathematical consecration of the picture (whether
landscape or interior) as a field limited at the sides but immensely
increased in depth, was propounded just at this particular moment. It
was the proclamation of the Prime-Symbol. The point at which the
perspective lines coalesce is at infinity. It was just because it avoided
infinity and rejected distance that Classical painting possessed no
perspective. Consequently the Park, the deliberate manipulation of
Nature so as to obtain space and distance effects, is an impossibility
in Classical art. Neither in Athens nor in Rome proper was there a
garden-art: it was only the Imperial Age that gratified its taste with
ground-schemes of Eastern origin, and a glance at any of the plans
of those “gardens” that have been preserved[306] is enough to show
the shortness of their range and the emphasis of their bounds. And
yet the first garden-theorist of the West, L. B. Alberti, was laying
down the relation of the surroundings to the house (that is, to the
spectators in it) as early as 1450, and from his projects to the parks
of the Ludovisi and Albani villas,[307] we can see the importance of
the perspective view into distance becoming ever greater and
greater. In France, after Francis I (Fontainebleau) the long narrow
lake is an additional feature having the same meaning.
The most significant element in the Western garden-art is thus the
point de vue of the great Rococo park, upon which all its avenues
and clipped-hedge walks open and from which vision may travel out
to lose itself in the distances. This element is wanting even in the
Chinese garden-art. But it is exactly matched by some of the silver-
bright distance-pictures of the pastoral music of that age (in
Couperin for example). It is the point de vue that gives us the key to
a real understanding of this remarkable mode of making nature itself
speak the form-language of a human symbolism. It is in principle
akin to the dissolution of finite number-pictures into infinite series in
our mathematic: as the remainder-expression[308] reveals the ultimate
meaning of the series, so the glimpse into the boundless is what, in
the garden, reveals to a Faustian soul the meaning of Nature. It was
we and not the Hellenes or the men of the high Renaissance that
prized and sought out high mountain tops for the sake of the limitless
range of vision that they afford. This is a Faustian craving—to be
alone with endless space. The great achievement of Le Nôtre and
the landscape-gardeners of Northern France, beginning with
Fouquet’s epoch-making creation of Vaux-le-Vicomte, was that they
were able to render this symbol with such high emphasis. Compare
the Renaissance park of the Medicean age—capable of being taken
in, gay, cosy, well-rounded—with these parks in which all the water-
works, statue-rows, hedges and labyrinths are instinct with the
suggestion of long range. It is the Destiny of Western oil-painting told
over again in a bit of garden-history.
But the feeling for long range is at the same time one for history.
At a distance, space becomes time and the horizon signifies the
future. The Baroque park is the park of the Late season, of the
approaching end, of the falling leaf. A Renaissance park is meant for
the summer and the noonday. It is timeless, and nothing in its form-
language reminds us of mortality. It is perspective that begins to
awaken a premonition of something passing, fugitive and final. The
very words of distance possess, in the lyric poetry of all Western
languages, a plaintive autumnal accent that one looks for in vain in
the Greek and Latin. It is there in Macpherson’s “Ossian” and
Hölderlin, and in Nietzsche’s Dionysus-Dithyrambs, and lastly in
Baudelaire, Verlaine, George and Droem. The Late poetry of the
withering garden avenues, the unending lines in the streets of a
megalopolis, the ranks of pillars in a cathedral, the peak in a distant
mountain chain—all tell us that the depth-experience which
constitutes our space-world for us is in the last analysis our inward
certainty of a Destiny, of a prescribed direction, of time, of the
irrevocable. Here, in the experience of horizon as future, we become
directly and surely conscious of the identity of Time with the “third
dimension” of that experienced space which is living self-extension.
And in these last days we are imprinting upon the plan of our
megalopolitan streets the same directional-destiny character that the
17th Century imprinted upon the Park of Versailles. We lay our
streets as long arrow-flights into remote distance, regardless even of
preserving old and historic parts of our towns (for the symbolism of
these is not now prepotent in us), whereas a megalopolis of the
Classical world studiously maintained in its extension that tangle of
crooked lanes that enabled Apollinian man to feel himself a body in
the midst of bodies.[309] Herein, as always, practical requirements, so
called, are merely the mask of a profound inward compulsion.
With the rise of perspective, then, the deeper form and full
metaphysical significance of the picture comes to be concentrated
upon the horizon. In Renaissance art the painter had stated and the
beholder had accepted the contents of the picture for what they
were, as self-sufficient and co-extensive with the title. But henceforth
the contents became a means, the mere vehicle of a meaning that
was beyond the possibility of verbal expression. With Mantegna or
Signorelli the pencil sketch could have stood as the picture, without
being carried out in colour—in some cases, indeed, we can only
regret that the artist did not stop at the cartoon. In the statue-like
sketch, colour is a mere supplement. Titian, on the other hand, could
be told by Michelangelo that he did not know how to draw. The
“object,” i.e., that which could be exactly fixed by the drawn outline,
the near and material, had in fact lost its artistic actuality; but, as the
theory of art was still dominated by Renaissance impressions, there
arose thereupon that strange and interminable conflict concerning
the “form” and the “content” of an art-work. Mis-enunciation of the
question has concealed its real and deep significance from us. The
first point for consideration should have been whether painting was
to be conceived of plastically or musically, as a static of things or as
a dynamic of space (for in this lies the essence of the opposition
between fresco and oil technique), and the second point, the
opposition of Classical and Faustian world-feeling. Outlines define
the material, while colour-tones interpret space.[310] But the picture of
the first order belongs to directly sensible nature—it narrates. Space,
on the contrary, is by its very essence transcendent and addresses
itself to our imaginative powers, and in an art that is under its
suzerainty, the narrative element enfeebles and obscures the more
profound tendency. Hence it is that the theorist, able to feel the
secret disharmony but misunderstanding it, clings to the superficial
opposition of content and form. The problem is purely a Western
one, and reveals most strikingly the complete inversion in the
significance of pictorial elements that took place when the
Renaissance closed down and instrumental music of the grand style
came to the front. For the Classical mind no problem of form and
content in this sense could exist; in an Attic statue the two are
completely identical and identified in the human body.
The case of Baroque painting is further complicated by the fact
that it involves an opposition of ordinary popular feeling and the finer
sensibility. Everything Euclidean and tangible is also popular, and the
genuinely popular art is therefore the Classical. It is very largely the
feeling of this popular character in it that constitutes its indescribable
charm for the Faustian intellects that have to fight for self-
expression, to win their world by hard wrestling. For us, the
contemplation of Classical art and its intention is pure refreshment:
here nothing needs to be struggled for, everything offers itself freely.
And something of the same sort was achieved by the anti-Gothic
tendency of Florence. Raphael is, in many sides of his creativeness,
distinctly popular. But Rembrandt is not, cannot be, so. From Titian
painting becomes more and more esoteric. So, too, poetry. So, too,
music. And the Gothic per se had been esoteric from its very
beginnings—witness Dante and Wolfram. The masses of Okeghem
and Palestrina, or of Bach for that matter, were never intelligible to
the average member of the congregation. Ordinary people are bored
by Mozart and Beethoven, and regard music generally as something
for which one is or is not in the mood. A certain degree of interest in
these matters has been induced by concert room and gallery since
the age of enlightenment invented the phrase “art for all.” But
Faustian art is not, and by very essence cannot be, “for all.” If
modern painting has ceased to appeal to any but a small (and ever
decreasing) circle of connoisseurs, it is because it has turned away
from the painting of things that the man in the street can understand.
It has transferred the property of actuality from contents to space—
the space through which alone, according to Kant, things are. And
with that a difficult metaphysical element has entered into painting,
and this element does not give itself away to the layman. For
Phidias, on the contrary, the word “lay” would have had no meaning.
His sculpture appealed entirely to the bodily and not to the spiritual
eye. An art without space is a priori unphilosophical.
VII
With this is connected an important principle of composition. In a

picture it is possible to set the things inorganically above one another
or side by side or behind one another without any emphasis of
perspective or interrelation, i.e., without insisting upon the
dependence of their actuality upon the structure of space which does
not necessarily mean that this dependence is denied. Primitive men
and children draw thus, before their depth-experience has brought
the sense-impressions of their world more or less into fundamental
order. But this order differs in the different Cultures according to the
prime symbols of these Cultures. The sort of perspective
composition that is so self-evident to us is a particular case, and it is
neither recognized nor intended in the painting of any other Culture.
Egyptian art chose to represent simultaneous events in superposed
ranks, thereby eliminating the third dimension from the look of the
picture. The Apollinian art placed figures and groups separately, with
a deliberate avoidance of space-and-time relations in the plane of
representation. Polygnotus’s frescoes in the Lesche of the Cnidians
at Delphi are a celebrated instance of this. There is no background
to connect the individual scenes—for such a background would have
been a challenge to the principle that things alone are actual and
space non-existent. The pediment of the Ægina temple, the
procession of gods on the François Vase and the Frieze of the
Giants of Pergamum are all composed as meander-syntheses of
separate and interchangeable motives, without organic character. It
is only with the Hellenistic age (the Telephus Frieze of the altar of
Pergamum is the earliest example that has been preserved) that the
un-Classical motive of the consistent series comes into existence. In
this respect, as in others, the feeling of the Renaissance was truly
Gothic. It did indeed carry group-composition to such a pitch of
perfection that its work remains the pattern for all following ages. But
the order of it all proceeded out of space. In the last analysis, it was
a silent music of colour-illumined extension that created within itself
light-resistances, which the understanding eye could grasp as things
and as existence, and could set marching with an invisible swing and
rhythm out into the distance. And with this spatial ordering, with its
unremarked substitution of air-and light-perspective for line-
perspective, the Renaissance was already, in essence, defeated.
And now from the end of the Renaissance in Orlando Lasso and
Palestrina right up to Wagner, from Titian right up to Manet and
Marées and Leibl, great musicians and great painters followed close
upon one another while the plastic art sank into entire insignificance.
Oil-painting and instrumental music evolve organically towards aims
that were comprehended in the Gothic and achieved in the Baroque.
Both arts—Faustian in the highest sense—are within those limits
prime phenomena. They have a soul, a physiognomy and therefore
a history. And in this they are alone. All that sculpture could
thenceforward achieve was a few beautiful incidental pieces in the
shadow of painting, garden-art, or architecture. The art of the West
had no real need of them. There was no longer a style of plastic in
the sense that there were styles of painting or music. No consistent
tradition or necessary unity links the works of Maderna, Goujon,
Puget and Schlüter. Even Leonardo begins to despise the chisel
outright: at most he will admit the bronze cast, and that on account of
its pictorial advantages. Therein he differs from Michelangelo, for
whom the marble block was still the true element. And yet even
Michelangelo in his old age could no longer succeed with the plastic,
and none of the later sculptors are great in the sense that
Rembrandt and Bach are great. There were clever and tasteful
performances no doubt, but not one single work of the same order
as the “Night Watch” or the “Matthew Passion,” nothing that
expresses, as these express, the whole depth of a whole mankind.
This art had fallen out of the destiny of the Culture. Its speech meant
nothing now. What there is in a Rembrandt portrait simply cannot be
rendered in a bust. Now and then a sculptor of power arises, like
Bernini or the masters of the contemporary Spanish school, or
Pigalle or Rodin (none of whom, naturally, transcended the
decorative and attained the level of grand symbolism), but such an
artist is always visibly either a belated imitator of the Renaissance
like Thorwaldsen, a disguised painter like Houdon or Rodin, an
architect like Bernini and Schlüter or a decorator like Coysevox. And
his very appearance on the scene only shows the more clearly that
this art, incapable of carrying the Faustian burden, has no longer a
mission—and therefore no longer a soul or a life-history of specific
style-development—in the Faustian world. In the Classical world,
correspondingly, music was the art that failed. Beginning with
probably quite important advances in the earliest Doric, it had to give
way in the ripe centuries of Ionic (650-350) to the two truly Apollinian
arts, sculpture and fresco; renouncing harmony and polyphony, it
had to renounce therewith any pretensions to organic development
as a higher art.
VIII
The strict style in Classical painting limited its palette to yellow,

red, black and white. This singular fact was observed long ago, and,
since the explanation was only sought for in superficial and definitely
material causes, wild hypotheses were brought forward to account
for it, e.g., a supposed colour-blindness in the Greeks. Even
Nietzsche discussed this (Morgenröte, 426).
But why did this painting in its great days avoid blue and even
blue-green, and only begin the gamut of permissible tones at
greenish-yellow and bluish-red? It is not that the ancient artists did
not know of blue and its effect. The metopes of many temples had
blue backgrounds so that they should appear deep in contrast with
the triglyphs; and trade-painting used all the colours that were
technically available. There are authentic blue horses in archaic
Acropolis work and Etruscan tomb-painting; and a bright blue
colouring of the hair was quite common. The ban upon it in the
higher art was, without a doubt, imposed upon the Euclidean soul by
its prime symbol.
Blue and green are the colours of the heavens, the sea, the fruitful
plain, the shadow of the Southern noon, the evening, the remote
mountains. They are essentially atmospheric and not substantial
colours. They are cold, they disembody, and they evoke impressions
of expanse and distance and boundlessness.
For this reason they were kept out of the frescoes of Polygnotus.
And for this reason also, an “infinitesimal” blue-to-green is the space-
creating element throughout the history of our perspective oil-
painting, from the Venetians right into the 19th Century; it is the basic
and supremely important tone which supports the ensemble of the
intended colour-effect, as the basso continuo supports the orchestra,
whereas the warm yellow and red tones are put on sparingly and in
dependence upon this basic tone. It is not the full, gorgeous and
familiar green that Raphael and Dürer sometimes—and seldom at
that—use for draperies, but an indefinite blue-green of a thousand
nuances into white and grey and brown; something deeply musical,
into which (notably in Gobelin tapestry) the whole atmosphere is
plunged. That quality which we have named aerial perspective in
contrast to linear—and might also have called Baroque perspective
in contrast to Renaissance—rests almost exclusively upon this. We
find it with more and more intense depth-effect in Leonardo,
Guercino, Albani in the case of Italy, and in Ruysdael and Hobbema
in that of Holland, but, above all, in the great French painters, from
Poussin and Claude Lorrain and Watteau to Corot. Blue, equally a
perspective colour, always stands in relation to the dark, the
unillumined, the unactual. It does not press in on us, it pulls us out
into the remote. An “enchanting nothingness” Goethe calls it in his
Farbenlehre.
Blue and green are transcendent, spiritual, non-sensuous colours.
They are missing in the strict Attic fresco and therefore dominant in
oil-painting. Yellow and red, the Classical colours, are the colours of
the material, the near, the full-blooded. Red is the characteristic
colour of sexuality—hence it is the only colour that works upon the
beasts. It matches best the Phallus-symbol—and therefore the
statue and the Doric column—but it is pure blue that etherealizes the
Madonna’s mantle. This relation of the colours has established itself
in every great school as a deep-felt necessity. Violet, a red
succumbing to blue, is the colour of women no longer fruitful and of
priests living in celibacy.
Yellow and red are the popular colours, the colours of the crowd,
of children, of women, and of savages. Amongst the Venetians and
the Spaniards high personages affected a splendid black or blue,
with an unconscious sense of the aloofness inherent in these
colours. For red and yellow, the Apollinian, Euclidean-polytheistic
colours, belong to the foreground even in respect of social life; they
are meet for the noisy hearty market-days and holidays, the naïve
immediateness of a life subject to the blind chances of the Classical
Fatum, the point-existence. But blue and green—the Faustian,
monotheistic colours—are those of loneliness, of care, of a present
that is related to a past and a future, of destiny as the dispensation
governing the universe from within.
The relation of Shakespearian destiny to space and of Sophoclean
to the individual body has already been stated in an earlier chapter.
All the genuinely transcendent Cultures—that is all whose prime-
symbol requires the overcoming of the apparent, the life of struggle
and not that of acceptance—have the same metaphysical inclination
to space as to blues and blacks. There are profound observations on
the connexion between ideas of space and the meaning of colour in
Goethe’s studies of “entoptic colours” in the atmosphere; the
symbolism that is enunciated by him in the Farbenlehre and that
which we have deduced here from the ideas of Space and Destiny
are in complete agreement.
The most significant use of dusky green as the colour of destiny is
Grünewald’s. The indescribable power of space in his nights is
equalled only by Rembrandt’s. And the thought suggests itself here,
is it possible to say that his bluish-green, the colour in which the
interior of a great cathedral is so often clothed, is the specifically
Catholic colour?—it being understood that we mean by “Catholic”
strictly the Faustian Christianity (with the Eucharist as its centre) that
was founded in the Lateran Council of 1215 and fulfilled in the
Council of Trent. This colour with its silent grandeur is as remote
from the resplendent gold-ground of Early Christian-Byzantine
pictures as it is from the gay, loquacious “pagan” colours of the
painted Hellenic temples and statues. It is to be noted that the effect
of this colour, entirely unlike that of yellow and red, depends upon
work being exhibited indoors. Classical painting is emphatically a
public art, Western just as emphatically a studio-art. The whole of
our great oil-painting, from Leonardo to the end of the 18th Century,
is not meant for the bright light of day. Here once more we meet the
same opposition as that between chamber-music and the free-
standing statue. The climatic explanation of the difference is merely
superficial; the example of Egyptian painting would suffice to
disprove it if disproof were necessary at all. Infinite space meant for
Classical feeling complete nothingness, and the use of blue and
green, with their powers of dissolving the near and creating the far,
would have been a challenge to the absolutism of the foreground
and its unit-bodies, and therefore to the very meaning and intent of
Apollinian art. To the Apollinian eye, pictures in the colours of
Watteau would have been destitute of all essence, things of almost
inexpressible emptiness and untruth. By these colours the visually-
perceived light-reflecting surface of the picture is made effectively to
render, not circumscribed things, but circumambient space. And that
is why they are missing in Greece and dominant in the West.
IX
Arabian art brought the Magian world-feeling to expression by

means of the gold ground of its mosaics and pictures. Something of
the uncanny wizardry of this, and by implication of its symbolic
purpose, is known to us through the mosaics of Ravenna, in the
work of the Early Rhenish and especially North Italian masters who
were still entirely under the influence of Lombardo-Byzantine
models, and last but not least in the Gothic book-illustrations of
which the archetypes were the Byzantine purple codices.
In this instance we can study the soul of three Cultures working
upon very similar tasks in very dissimilar ways. The Apollinian
Culture recognized as actual only that which was immediately
present in time and place—and thus it repudiated the background as
pictorial element. The Faustian strove through all sensuous barriers
towards infinity—and it projected the centre of gravity of the pictorial
idea into the distance by means of perspective. The Magian felt all
happening as an expression of mysterious powers that filled the
world-cavern with their spiritual substance—and it shut off the
depicted scene with a gold background, that is, by something that
stood beyond and outside all nature-colours. Gold is not a colour. As
compared with simple yellow, it produces a complicated sense-
impression, through the metallic, diffuse refulgence that is generated
by its glowing surface. Colours—whether coloured substance
incorporated with the smoothed wall-face (fresco) or pigment applied
with the brush—are natural. But the metallic gleam, which is
practically never found in natural conditions, is unearthly.[311] It recalls
impressively the other symbols of the Culture, Alchemy and Kabbala,
the Philosophers’ Stone, the Holy Scriptures, the Arabesque, the
inner form of the tales of the “Thousand and One Nights.” The
gleaming gold takes away from the scene, the life and the body their
substantial being. Everything that was taught in the circle of Plotinus
or by the Gnostics as to the nature of things, their independence of
space, their accidental causes—notions paradoxical and almost
unintelligible to our world-feeling—is implicit also in the symbolism of
this mysterious hieratic background. The nature of bodies was a
principal subject of controversy amongst Neo-Pythagoreans and
Neo-Platonists, as it was later in the schools of Baghdad and Basra.
Suhrawardi distinguishes extension, as the primary existence of the
body, from width and height and depth as its accidents. Nazzâm
pronounced against the corporeal substantiality and space-filling
character of the atom. These and the like were the metaphysical
notions that, from Philo and Paul to the last great names of the
Islamic philosophy, manifested the Arabian world-feeling. They
played a decisive part in the disputes of the Councils upon the
substantiality of Christ.[312] And thus the gold background possesses,
in the iconography of the Western Church, an explicit dogmatic
significance. It is an express assertion of the existence and activity of
the divine spirit. It represents the Arabian form of the Christian world-
consciousness, and with such a deep appropriateness that for a
thousand years this treatment of the background was held to be the
only one metaphysically—and even ethically—possible and seemly
in representations of the Christian legend. When “natural”
backgrounds, with their blue-green heavens, far horizons and depth
perspective, began to appear in early Gothic, they had at first the
appearance of something profane and worldly. The change of dogma

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Part i Ethics and the Criminal Justice System ■ 1

CHAPTER 2 Determining Moral Behavior ■ 24

CHAPTER 3 Justice and Law ■ 52

CHAPTER 4 Becoming an Ethical Professional ■ 80

Part ii Police ■ 112

CHAPTER 6 Police Discretion and Dilemmas ■ 145

CHAPTER 7 Police Corruption and RESPONSES ■ 181

Part iii Law ■ 224

CHAPTER 9 Discretion and Dilemmas in the Legal Profession ■ 258

CHAPTER 10 Ethical Misconduct in the Courts and Responses ■ 297

Part IV Corrections ■ 329

CHAPTER 12 DISCRETION AND DILEMMAS IN CORRECTIONS ■ 365

CHAPTER 13 CORRECTIONAL PROFESSIONALS: MISCONDUCT AND RESPONSES ■ 399

CHAPTER 14 MAKING ETHICAL CHOICES ■ 432

Author Index ■ 510

Subject Index ■ 516

Table of Cases ■ 523

Part I Ethics and the Criminal Justice System 1

Chapter 2 Determining Moral Behavior 24

Chapter 3 Justice and Law 52

Chapter 4 Becoming an Ethical ­Professional 80

Part II Police 112

In the NEWS: Nonfeasance Police Culture, Loyalty, and the Blue

Chapter 6 Police Discretion and Dilemmas 145

Chapter 7 Police Corruption and Responses 181

Ethical Dilemma Reducing Police Corruption 202

Part III Law 224

Chapter 9 Discretion and Dilemmas in the Legal Profession 258

QUOTE & QUERY QUOTE & QUERY

Chapter 10 Ethical Misconduct in the Courts and Responses 297

Conclusion 325 Writing/Discussion Exercises 327

Part IV Corrections 329

Chapter 12 Discretion and Dilemmas in Corrections 365

In the NEWS: Sexual Abuse Treatment Staff 381

Caseload Supervision 390 Study Questions 397

Chapter 13 Correctional Professionals: Misconduct and Responses 399

Chapter 14 Making Ethical Choices 432

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Study Questions These end-of-chapter questions identify important points and

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Chapter 4 Becoming an Ethical Professional 80