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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

Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s).
Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
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

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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

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Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
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

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Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
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

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Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
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?
Writing/Discussion Exercises 295
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

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Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
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

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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
Writing/Discussion Exercises 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
Writing/Discussion Exercises 470
In the NEWS: Convictions in Key Terms 470
Jeopardy Ethical Dilemmas 470

Bibliography 471
Author Index 510
Subject Index 516
Table of Cases 523

Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s).
Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
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

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Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
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.

Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s).
Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
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.

Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s).
Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
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.

Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s).
Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
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

Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s).
Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
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.

Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s).
Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
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

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Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
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

Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s).
Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
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.

Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s).
Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
2   
Part I   Ethics and the Criminal Justice System

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

Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s).
Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
Another random document with
no related content on Scribd:
"You'll never get out of this dome. I can find a way to stop you before
you can get that groundcar through the airlock."
"We'll see," said Shaan, turning from the rack with the hypo from the
third marsuit. "Why are you so bitter against a man you don't know?"
"You're a traitor," said MkDowl defiantly.
"I just said I believe in a democratic form of government. It hasn't
been long since we were all democrats on Mars."
"The democratic government was corrupt. You won't find many
friends."
Shaan knew that was true—both statements. There was no longer
any organized democratic movement on Mars. He was completely
alone. There was no place for him to go anywhere.
He moved toward MkDowl, with the hypo in his hand. MkDowl
watched him closely, not moving. It was when Shaan shifted the gun
to his left hand and the hypo to his right that MkDowl moved.
Shaan had been prepared for a desperate attack. But MkDowl leaped
head-first out the window, in a single swift motion.
Shaan went after him. MkDowl disappeared around the corner of the
house as Shaan jumped through the window.
Shaan regretted it, but he would have to blast MkDowl. Even if he
could get away, MkDowl would tell the soldiers which way he had
gone.
As Shaan turned the corner of the house, MkDowl was climbing into
the groundcar. Shaan let go with the heat beam, but the groundcar's
metal and windshield were strong enough to resist it at that distance.
MkDowl's head disappeared beneath the dashboard.
With a sputter of smoke, the groundcar's engine started. MkDowl had
to have the engine running for power to use the groundcar's swivel-
mounted heat-gun. Shaan saw the muzzle of the weapon begin to
swing slowly toward him.
As MkDowl's head came in view in the windshield to aim, Shaan's
own beam penetrated the glass at full power. Hair aflame, MkDowl
slumped forward over the wheel.
MkDowl's body evidently hit the forward drive lever, for the groundcar
suddenly plunged toward Shaan, wheels spinning. Shaan ducked
behind the house and ran for the front door.
As Shaan reached the door, the groundcar caromed off the edge of
the house. Without slackening speed, it plunged across the yard and
plowed through the side of the dome near the airlock. The plastic
hemisphere began to collapse with a whistle of escaping air.
In desperate haste, Shaan got into the marsuit in the hall. He
switched on its oxygen supply. He opened a cabinet beside the
marsuit rack and got a map of Mars, shoving it into a breast pocket of
the suit.
Shaan started for the front door. Then he stopped.

Could he depend on the soldiers finding the two girls when they
arrived? Could he even know for sure that soldiers were coming?
Mars City might have instructed Vali just to shoot him down. If the
girls awoke from suspended animation in the thin Martian air, their
simulated death would become real.
Shaan went back into the bedroom. He took Lori under one arm, Vali
under the other. They were easy to carry in Martian gravity.
The plastic of the dome had settled, clinging. He had to burn his way
through the diaphragm of it that barred the door.
Carrying the girls, he walked across the wrinkled plastic to the
ground. Half a mile away, the groundcar had overturned in the canal
sage. Fed by the oxygen from beneath the plants, it was burning
slowly.
Shaan laid the girls on the ground in the cleared area around what
was left of the dome. They could be seen easily here by anyone
approaching by air.
What next? He pulled the map from his pocket and opened it.
It was easy to see why he had remembered MkDowl Dome would be
here. It was the only dome in Alpheus Canal. There were no others
anywhere within walking distance—or in crawling distance, when his
oxygen supply failed. There was Charax, about 1,800 miles
southeast. Mars City was about the same distance north, and
Hesperidum about the same distance northeast.
The nearest dome of any kind was a private dome, Kling's Dome, on
Peneus Canal at least 250 miles away.
He had been just as well off before he ever came to MkDowl's Dome.
But now MkDowl was dead and his two daughters were homeless.
His marshelmet radio buzzed.
"MkDowl Dome, we're nearing you," said a faint voice. "Should land in
half an hour. Light beacon and give us a radio beam."
The radio antenna and the beacon had gone down with the dome.
Without these, would the government 'copters ever find MkDowl's
Dome in the night?
The sun dropped behind the far cliffs and the red twilight of Mars
deepened suddenly into darkness. Shaan was safe from discovery for
the night now, but the girls might not be rescued in time.
He picked them up from the ground and started off in the general
direction of the cactus that had been his temporary home before. He
plodded through the canal sage, the girls a dead weight under his
arms.
Twice the government 'copters plaintively demanded directional help.
After the second time, he switched off the helmet radio.
He was doomed to death if he were discovered. Nowhere on Mars
did he have a friend. Even the unconscious girls he carried would
hate him now.
And what was to become of them? MkDowl's Dome would not be
rebuilt by another tenant. If he gave up his marsuit to one of them,
that would be only one, and the marsuit radio would not reach Kling's
Dome. At least one, probably both, were stranded with him.
Not for them would he give up his own life to stay near MkDowl's
Dome and call the 'copters in.

Shaan was a democrat and by virtue of that was engaged in a war


without quarter against almost everyone else on Mars. He was a lone
relic of a defeated army, and he had been driven to the wall. He could
surrender to death, or he could fight for survival.
Many men before him, and many living creatures before man
appeared on Earth, had faced that situation in one form or another,
he thought. Some had succumbed. Others had lived.
The ancestors of man himself had faced it and lived, when they were
driven by voracious creatures of the sea into the shallows and at last
to the inhospitable land. Now he was driven to a shore more
inhospitable than any on Earth, oxygen-poor, water-poor: the Martian
shore.
Many years ago his ancestors had learned to crawl instead of swim.
He and his descendants—the descendants of Lori and Vali—could
learn to crawl instead of walk. Those who crawled could survive and
evolve, without domes, without marsuits, without any man-made
equipment.
He reached the base of a giant cactus. He was sure it was not the
one he had inhabited before, but now he had a knife.
In the distant night sky, he heard the drone of 'copter motors.
Shaan laid the girls down at his feet and dropped prone at the foot of
the cactus. When the leaves of the canal sage had closed slowly
above them, he took off his marshelmet.
"Man is man because he thinks, not because he walks erect," Shaan
murmured to the unconscious girls. "Would your fate be better if you
birthed children who had to live in a plastic dome?"
Shaan was a democrat. Rightly or wrongly, he was convinced that the
Imperial Government bore within it the seeds of dissatisfaction and
strife, eventually a war of rebellion that would crumble the domes and
leave all the people of Mars to gasp away their lives.
Let them destroy themselves. Men would still live on Mars, without
the domes.
With the handle of his knife, he smashed the marshelmet.
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