Professional Documents
Culture Documents
CRIMINAL JUSTICE
PROFESSIONAL
Second Edition
Kelly Cheeseman
Claudia San Miguel
Durant Frantzen
Lisa Nored
Five goals that should be included in examining crime, justice and ethics:
1. Become aware of and open to ethical issues in their entirety, both the small and
the grandiose.
2. Begin developing analytical skills that will help to critically examine the why and
how of what we do in the criminal justice system.
3. Grow in our ability to become more personally responsible.
4. Appreciate the coercive nature of the criminal justice system.
5. Develop wholesight. This means exploring things from both a mind and heart
perspective, appreciating all the costs involved in the criminal justice system.
It is simply overlooked as an integral element that preserves fundamental rights outlined by our
It is at times overlooked as the driving force that guides policies, practices, operations, and
hazards of unethical decision making; ethics does not only apply to police.
Police: Ethics filters through the most mundane and routine activities of the police to
the most dangerous and life-threatening situations that require the use of deadly force.
Corrections: Ethics seeps into the everyday operations of jails and prisons whose staff is
charged with safeguarding the due process rights of those convicted of crimes while also
Research: Ethics ensures that empirical investigators do not violate the basic rights of
Wilkins v. Gaddy
Wilkins argues he was slammed against the floor, punched, kicked, kneed and
choked until another officer stopped the incident.
An argument for the ethically-dangerous environment that seemingly characterizes the criminal
justice system is the ability of its employees to use discretion.
It also allows actors to weigh factors not necessarily relevant to fulfilling their duty as ethical
public servants.
Spirit of the law vs. letter of the law
The terms ethics and morality share the same root meaning
The Greek word ethos means character or conduct. (Close & Meier, 1995).
The Latin word moralis pertains to custom or character (Close & Meier, 1995).
Respect: for the Constitution and other laws enacted by legitimate governing
bodies.
Don’t solicit or accept bribes from people seeking to influence your official
decisions.
Discretion: The power to make a decision or act in a manner that the individual feels is right or correct.
The duty to enforce the law : Service to the law is part of every criminal justice career and is also
expected even if the individual disagrees with the law itself.
They are public servants: The job of those in criminal justice is to serve the best interest of the
citizens and they must hold themselves accountable to the public.
The duty to uphold constitutional protections: Fundamental to the Constitution are the concepts of
due process and equal protection.
6th amendment: In all criminal prosecutions, the accused shall enjoy the right to a speedy and
public trial, by an impartial jury of the state and district wherein the crime shall have been committed,
which district shall have been previously ascertained by law, and to be informed of the nature and
cause of the accusation; to be confronted with the witnesses against him; to have compulsory
process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
8th amendment: Excessive bail shall not be required, nor excessive fines imposed, nor cruel
and unusual punishments inflicted.
14th Amendment: All persons born or naturalized in the United States, and subject to the
jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State
shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United
States; nor shall any State deprive any person of life, liberty, or property, without due process of law;
nor deny to any person within its jurisdiction the equal protection of the laws.
Gail Atwater was arrested for failing to place seatbelts on her small children, and
herself as she drove through the city of Lago Vista. Officer Turek, who performed
the arrest, yelled at Atwater for not caring about the welfare of her children. After
repeated pleas to lower his voice because it was frightening her children and pleas
to allow her to take her children to a friends house before going to the police
station, Turek continued his verbal tirade and rejected her idea for childcare.
Atwater filed a suit saying her fourth amendment rights to “be secure from
unreasonable searches and seizures” was violated when Turek arrested her for a
crime whose punishment should have only been a fine.
The Supreme Court ruled that Turek acted within the scope of the framers of the
Constitution when arresting Atwater.
Copyright © 2016, Carolina Academic Press. All Rights Reserved.
Reducing Unethical Behavior
Steps that can be taken when determining what course of action someone should take
1. Examine all possible resolutions to the situation and examine all the possible costs and effects of each
possibility.
2. Determine if any of the possible results of the situation would be viewed as unreasonable if other people were
3. A criminal justice professional must be able to justify the decision based on his or her own set of values and
beliefs.
1. What are some of the ethical decisions you make on a daily basis?
3. What are Braswell et al.’s (2008) 5 goals in understanding ethics in criminal justice?
4. Describe what you believe to be the biggest ethical concern in criminal justice today.
5. What was the ethical dilemma in the case of Wilkins v. Gaddy (2010)?
7. What steps can be taken when determining what course of action someone should
take when faced with an ethical dilemma?
8. List and explain the four common ethical elements that criminal justice
professionals encounter?
10. How can one become a moral and ethical criminal justice professional?