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Criminal Justice Ethics
Paul Leighton, Eastern Michigan University
Jeffrey Reiman, American University

ISBN-10: 0130851299
ISBN-13:  9780130851291

Publisher:  Pearson
Copyright:  2001
Format:  Paper; 544 pp
Published:  10/06/2000
Status: Instock


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Description

For a variety of courses on applied ethics in departments of Philosophy, Sociology, or Criminal Justice.

A collection of essays which examine how personal and moral beliefs influence the relationship between criminal justice and social justice. The book is not a proscriptive manifesto of what criminal justice ethics should be, but an invitation for students to debate what criminal justice ethics are, while stressing the importance of individual ethics and morality. An introduction on ethical reasoning and ethics pedagogy is followed by sections on the nature of criminal guilt, law making, law enforcement, judicial processing, punishment and emerging issues (technology and media).


Features

  • Opening articles on contemporary ethics and ethics pedagogy.

    • Provides instructors with resources on how to teach from the text and how to prepare students for discussing important and sometimes emotional issues. Introduces students to current ethical thinking, and helps them to engage openly and collaboratively in discussing ethical issues. Ex.___

  • Student-relevant topics—Explores topics that students are concerned with (e.g., TV crime portrayal, drug use, hate crimes, computers, abortion, death penalty, corporal punishment, etc.).

    • Easily gets students' interest and stimulates class discussion. Ex.___

  • Debates—In many cases, the articles present different sides of an issue, often in the form of direct debates between experts (e.g., feminist scholar Catherine MacKinnon on prostitution law vs the International Committee for Prostitutes' Rights and its “World Whores' Congress Statements”; O.J. Simpson attorney Johnnie Cochran vs Yale Law Professor Akhil Reed Amar).

    • Shows students how ethical positions are justified and defended; provides them with models of engaged disagreement; and makes for lively reading and discussion. Ex.___

  • Case studies—Includes both actual legal cases and hypothetical cases that reflect the “messiness” of real-life situations requiring ethical decisions or judicial opinions.

    • Allows students to compare legal reasoning with ethical reasoning. The legal cases in particular allow them to see how legal reasoning may or may not overlap with moral philosophy. Ex.___

  • Provocative stand-alone articles—Presents one side of an argument.

    • Challenges students to put forth their own responses to positions, inviting in-class participation. Ex.___

  • Internet resources—In all section introductions and the Appendix. Numerous addresses to quality Internet sites direct students and instructors to further data, arguments and perspectives.

    • Can be used by instructors as class exercises, and provides a way for students to delve more deeply in to issues of interest to them. Ex.___

  • Resources on professional ethics.

    • Students can read the code for a career they are thinking of entering and thus see the material as relevant. Prepares students as ethical professionals. Ex.___


Table of Contents



Introduction.

Jeffrey Reiman, Criminal Justice Ethics. Robert Nash, Teaching Ethics Ethically.



1. Moral Foundations of Criminal Guilt.

David Bazelon, The Morality of the Criminal Law. Bill Lawson, Crime, Minorities, and the Social Contract. Jean Hampton, Mens Rea.

CASE STUDY:

Leo Katz, The Crime that Never Was: A Fake Opinion in a Fake Case Involving Fakes.

2. What Should Be a Crime?
Principles.

Joel Feinberg, excerpts from Social Philosophy. David A. J. Richards, The Moral Foundations of Decriminalization.

CASES:

Drug Legalization:

Arnold Trebach and James Inciardi, excerpts from Legalize It? Debating American Drug Policy.

Prostitution:

In re P: let the 14-Year Old Go, the Prostitution Laws Are Unconstitutional. Catherine MacKinnon, Prostitution and Civil Rights. International Committee for Prostitutes' Rights World Charter and World Whores' Congress Statements.

Corporate Violence:

Jeffrey Reiman, A Crime by Any Other Name … American Medical Association, The Brown and Williamson Documents: Where Do We Go From Here? Stanton Glantz, et al, Looking Through a Keyhole at the Tobacco Industry.

Hate Crimes:

Wisconsin v. Mitchell, A Few Opinions on Sentencing Enhancement for Hate Crimes.

Abortion:

Don Marquis, Why Abortion Is Immoral. Jeffrey Reiman, Abortion, Infanticide, and the Asymmetric Value of Human Life. Don Marquis, Reiman on Abortion. Jeffrey Reiman, Abortion, Infanticide, and the Changing Grounds of the Wrongness of Killing: Reply to Don Marquis's “Reiman on Abortion”.

3. Moral Problems in Policing.
Police Ethics:

John Kleinig, Ethics and Codes of Ethics.

Deception & Influence:

Jerome H. Skolnick and Richard A. Leo, The Ethics of Deceptive Interrogation. Gary T. Marx, Under-the-Covers Undercover Investigations: Some Reflections on the State's Use of Sex and Deception in Law Enforcement. Carl B. Klockars, The Dirty Harry Problem.

CASE STUDY:

US v Tobias: It Is Not Entrapment for an Undercover Officer to Tell the Defendant That Making PCP Is as “Easy as Baking a Cake”.

Selective Enforcement:

John Kleinig, Selective Enforcement and the Rule of Law. Jeffrey Reiman, Against Police Discretion: Reply to John Kleinig.

4. Moral Issues in Judicial Processing and Jurisprudence.
Lawyers' Ethics:

Paul Haskell, The Behavior of Lawyers. Ted Schneyer, Moral Philosophy's Standard Misconception of Legal Ethics.

Plea Bargaining & Due Process:

Akhil Reed Amar and Johnnie T. Cochran, Jr., Do Criminal Defendants Have too Many Rights? Kenneth Kipnis, Criminal Justice and the Negotiated Plea. The Hon. Jack B. Weinstein, Considering Jury “Nullification”: When May and Should A Jury Reject the Law to Do Justice?

5. Penology.
Treatment of Inmates:

Graeme Newman, excerpts from Just and Painful. Tessa M. Gorman, Back on the Chain Gang: Why the Eighth Amendment and the History of Slavery Proscribe the Resurgence of Chain Gangs.

Death Penalty:

Stephen Nathanson, Is the Death Penalty What Murderers Deserve? Jeffrey Reiman, Against the Death Penalty. Ernest van den Haag, A Response to Reiman and Nathanson. National Council of the Churches, Abolition of the Death Penalty. Council on Ethical & Judicial Affairs, American Medical Association, Physician Participation in Capital Punishment. Marianne Kastrup, Psychiatry and the Death Penalty.

6. Emerging Issues.
Cyberspace:

Laurence H. Tribe, The Constitution in Cyberspace: Law and Liberty Beyond the Electronic Frontier. Jeffrey H. Reiman, Driving to the Panopticon: A Philosophical Exploration of the Risks to Privacy Posed by the Highway Technology of the Future. Nadine Strossen and Ernie Allen, Megan's Law and the Protection of the Child in the On-Line Age.

Media:

Julian Dibble, A Rape in Cyberspace: Or How an Evil Clown, A Haitian Trickster Spirit, Two Wizards, and a Cast of Dozens Turned a Database into a Society. Debra Seagal, Tales from the Cutting-Room Floor: The Reality of “Reality-Based” Television. Paul Leighton, Fear and Loathing in an Age of Show Business: Reflections on Televised Executions.

Appendix: Professional Code of Ethics.



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This new anthology provides an engaging collection of essays that address fundamental questions of social justice within the criminal justice profession. Following an introductory section on ethical reasoning are sections on the nature of criminal guilt, law making, law enforcement, judicial processing, punishment, and emerging issues of the media and technology. Selected readings present opposing views, which allow students to explore diverse ethical positions. Actual court opinions and hypothetical cases contribute to students' understanding of ethical issues facing criminal justice professionals today.

Criminal Justice Ethics offers both instructors and students:

  • Lively ethics debates on a broad range of criminal justice issues
  • Introductory articles on contemporary ethics and ethical thinking
  • Actual and hypothetical case studies which compare legal and ethical reasoning
  • Internet resources incorporated into each section and an appendix
  • Professional ethics focus with additional resources on career explorations

Criminal Justice Ethics blends the disciplines of philosophy and criminal justice, and invites students to become involved in ethical controversies through a combination of sound ethical pedagogy, lively debates, and compelling case studies.

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