CHAPTER 14
Making Ethical Choices
Lecture slides prepared by Lisa J. Taylor
Review of Major Themes
• There is presence of authority, power, force, and
discretion in each of the sub-systems of the cr...
The Threat of Terrorism
“Deliberate, negligent, or reckless use of
force against noncombatants, by state or
non-state acto...
The “Just War” Debate
Philosophers have debated the idea of “just”
wars since the time of Cicero (c. 106–43 B.C.)
•Natural...
Justification for War Includes
• A grave, lasting, and certain threat.
• No other means to avert the threat.
• A good prob...
Ethical Justifications for War
and Means Utilized
Utilitarianism: when the benefits outweigh the
negatives; e.g., when the...
Response to Terrorism
• Can “just war” arguments be
applied?
• Can “Dirty Harry” arguments be
applied?
Response to 9/11
• There has been a fundamental shift in the goals
and mission of law enforcement and public
safety.
• New...
After 9/11
• Detainments and greater governmental secrecy
• The Patriot Act and the Department of Homeland
Security
• Wire...
Attorney
General
Eric Holder
(2012)
• Publicly said the Authorization for the
Use of Military Force (AUMF) gave the
Presid...
Detainments and Government
Secrecy
• Immediately after 9/11, hundreds of non-citizens were
detained on either immigration ...
Japanese
Internment
Camps
(WWII)
• Japanese-American internment was the
relocation and internment by the United States
gov...
The Patriot Act
• Authorizes federal agents to spy on Americans without
probable cause or reasonable suspicion.
• Allows a...
Wiretapping and Threats
to Privacy
• Patriot Act—“sneak and peek,” “national
security letters,” pen registers
• “Data mini...
Renditions and Secret
Prisons
• Renditions—kidnapping suspects in
Canada, Sweden, Germany, and Italy
sometimes without kno...
Guantanamo and the
Military Commissions Act
• Hamdi v. Rumsfeld (2004)—U.S. citizens could not be held
indefinitely withou...
Military Commissions Act
• Congress passed the Act after Hamdan v.
Rumsfeld invalidated presidential decree.
• Widespread ...
Torture
Deliberate infliction of violence and, through violence, severe
mental and/or physical suffering upon individuals:...
Torture
• Justification
o Utilitarianism (doctrine of necessity)
o Does torture result in the truth?
o Does it matter?
• W...
Thinking
Point
In May of 2010, Faisal Shahzad made
an attempt to set off a car bomb in Time
Square. Shahzad has since been...
Crime Control and
“Means-End” Thinking
The desired end (deterring/preventing terrorist attack) is
seen as justifying such ...
The Crime Control
Approach
A utilitarian approach can be used to justify invasive
or restrictive police actions:
• The end...
Crime Control vs. Human
Rights
Crime Control
• “Dirty Harry” reasoning
• Ends-means thinking
• Doctrine of necessity
• Uti...
Rights Based Police
Standards (UK)
1. To fulfill the duties imposed on them by the law
2. To respect human dignity and uph...
Is War on Terror Related to
Criminal Justice Ethics?
• The War on Terror has affected police policies and added
new respon...
NYPD’s
Intelligence
/Surveillan
ce
Activities
• Intelligence division – 1000 employees.
• Led by ex-CIA agent.
• Unit incl...
• Should torture be used to gain confessions?
• Is there a difference between information to save
a victim and information...
Nga
Truong
Coerced
Confession
(2008)
• Police received a hysterical call from an
apartment where a Vietnamese-American
tee...
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Pollock ethics 8e_ch14

Published on: Mar 4, 2016
Source: www.slideshare.net


Transcripts - Pollock ethics 8e_ch14

  • 1. CHAPTER 14 Making Ethical Choices Lecture slides prepared by Lisa J. Taylor
  • 2. Review of Major Themes • There is presence of authority, power, force, and discretion in each of the sub-systems of the criminal justice. • Informal practices and value systems among criminal justice actors vary from formal principles of behavior. • The importance of ethical leadership. • The tension between deontological ethical systems and teleological or “means–end” ethical analysis.
  • 3. The Threat of Terrorism “Deliberate, negligent, or reckless use of force against noncombatants, by state or non-state actors for ideological ends and in the absence of a substantively just legal process.”
  • 4. The “Just War” Debate Philosophers have debated the idea of “just” wars since the time of Cicero (c. 106–43 B.C.) •Natural Law: War is acceptable o To uphold the good of the community o When unjust injuries are inflicted on others o To protect the state •Positivist Law: (man-made) when international law is followed; e.g. United Nations.
  • 5. Justification for War Includes • A grave, lasting, and certain threat. • No other means to avert the threat. • A good probability of success. • The means must not create a greater evil than the threat responded to.
  • 6. Ethical Justifications for War and Means Utilized Utilitarianism: when the benefits outweigh the negatives; e.g., when there is a grave threat and civilian deaths are minimized Ethical formalism: use of aggression can be justified with principle of forfeiture principle of double effect
  • 7. Response to Terrorism • Can “just war” arguments be applied? • Can “Dirty Harry” arguments be applied?
  • 8. Response to 9/11 • There has been a fundamental shift in the goals and mission of law enforcement and public safety. • New goals include more national law enforcement and a reduction of civil liberties. • There is a greater emphasis on surveillance and crime control. • There are increasing links between local law enforcement and immigration services and federal law enforcement.
  • 9. After 9/11 • Detainments and greater governmental secrecy • The Patriot Act and the Department of Homeland Security • Wiretapping and threats to privacy • Renditions and secret prisons • Guantanamo and the Military Commissions • The use of torture
  • 10. Attorney General Eric Holder (2012) • Publicly said the Authorization for the Use of Military Force (AUMF) gave the President the power to order targeted killings of individuals—even American citizens—believed to have engaged in terrorist activity in the U.S. • This was after a targeted drone attack killed Anwar al-Awlaki, an American radical cleric believed to be responsible for soliciting and initiating several terror plots in the U.S. • The ACLU and other organizations are engaged in a Freedom of Information Act request to obtain the memo and what evidence existed to justify the killing.
  • 11. Detainments and Government Secrecy • Immediately after 9/11, hundreds of non-citizens were detained on either immigration charges or material witness warrants. • The Patriot Act required that all individuals on visas report to immigration offices. Many were detained on minor violations of their visa and held for months in federal facilities and county jails without hearings. • Names and even the number of detainees were withheld for months. • Deportation hearings were closed to the media and public.
  • 12. Japanese Internment Camps (WWII) • Japanese-American internment was the relocation and internment by the United States government in 1942 of about 110,000 Japanese Americans and Japanese who lived along the Pacific coast of the U.S., to camps called "War Relocation Camps," in the wake of Imperial Japan's attack on Pearl Harbor. • In 1988, Congress passed and President Ronald Reagan signed legislation which apologized for the internment. The legislation indicated that government actions were based on "race prejudice, war hysteria, and a failure of political leadership.” • The U.S. government eventually disbursed more than $1.6B in reparations to Japanese Americans who had been interned and their heirs.
  • 13. The Patriot Act • Authorizes federal agents to spy on Americans without probable cause or reasonable suspicion. • Allows authorities to share with state prosecutors information obtained via FISA search warrants which do not require probable cause. • Authorizes deportation of anyone who financially supports a terrorist organization. • Requires all Arab-born citizens to register under the National Security Entry-Exit Registration system. The Act was extended in 2006 (to 2009), with modifications.
  • 14. Wiretapping and Threats to Privacy • Patriot Act—“sneak and peek,” “national security letters,” pen registers • “Data mining” programs • Presidential secret warrantless wiretappings • DNA data banks
  • 15. Renditions and Secret Prisons • Renditions—kidnapping suspects in Canada, Sweden, Germany, and Italy sometimes without knowledge or approval of governments • Secret prisons—subjects of renditions taken to countries to be tortured or to secret prisons (closed in 2006?)
  • 16. Guantanamo and the Military Commissions Act • Hamdi v. Rumsfeld (2004)—U.S. citizens could not be held indefinitely without charges even if they were labled “enemy combatants.” • Rasul v. Bush (2004)—Detainees in Guantanamo could challenge their detention in U.S. federal courts. • Clark v. Martinez (2005)—Government may not indefinitely detain even illegal immigrants without some due process. • Hamdan v. Rumsfeld (2005)—“Military commissions,” set up as a type of due process for the detainees, were outside the President’s power to create and were, therefore, invalid.
  • 17. Military Commissions Act • Congress passed the Act after Hamdan v. Rumsfeld invalidated presidential decree. • Widespread criticism that the Act ignored ancient right of habeas corpus. • Boumediene v. Bush (No. 06-1195, Decided June 12, 2008)—the Supreme Court rejected the military commissions as a due process substitute for federal courts and habeas corpus; also, Detainee Treatment Act was not a substitute for habeas corpus rights.
  • 18. Torture Deliberate infliction of violence and, through violence, severe mental and/or physical suffering upon individuals: • Subjected to loud noises and extreme heat and cold • Deprived of sleep, light, food, and water • Bound or forced to stand in painful positions for long periods of time • Kept naked and hooded • Thrown into walls • Sexually humiliated • Threatened with attack dogs • Shackled to the ceiling • Waterboarding
  • 19. Torture • Justification o Utilitarianism (doctrine of necessity) o Does torture result in the truth? o Does it matter? • Where? o Guantanamo o Secret prisons o Bagram prison—Afghanistan o Abu Ghraib—Iraq
  • 20. Thinking Point In May of 2010, Faisal Shahzad made an attempt to set off a car bomb in Time Square. Shahzad has since been charged with an act of terrorism and mass destruction. Shahzad became a U.S. citizen in April of 2009. He had recently reentered the country after spending five months in Pakistan. Shahzad claims he acted alone in his attempt. Knowing Shazad’s history, would it be ethical to use certain torture methods to ensure he is being honest?
  • 21. Crime Control and “Means-End” Thinking The desired end (deterring/preventing terrorist attack) is seen as justifying such means as restricting: • privacy rights • due-process rights • rights to associate (as when individuals are deported simply for associating with groups that have been defined as terrorist) • right not to be tortured (water boarding and other “coercive interrogation techniques”)
  • 22. The Crime Control Approach A utilitarian approach can be used to justify invasive or restrictive police actions: • The end must itself be good. • The means must be a plausible way to achieve the end. • There must be no alternative, better means to achieve the same end. • The means must not undermine some other equal or greater end.
  • 23. Crime Control vs. Human Rights Crime Control • “Dirty Harry” reasoning • Ends-means thinking • Doctrine of necessity • Utilitarianism Rights Based Policing • Emphasis on law • Emphasis on due process • Emphasis on inalienable rights • Ethical formalism
  • 24. Rights Based Police Standards (UK) 1. To fulfill the duties imposed on them by the law 2. To respect human dignity and uphold human rights 3. To act with integrity, dignity, and impartiality 4. To use force only when strictly necessary, and then proportionately 5. To maintain confidentiality 6. Not to use torture or use ill-treatment 7. To protect the health of those in their custody 8. Not to commit any act of corruption 9. To respect the law and the code of conduct and oppose violations of them 10. To be personally liable for their acts
  • 25. Is War on Terror Related to Criminal Justice Ethics? • The War on Terror has affected police policies and added new responsibilities. • Powers created to fight terror have been used against “garden variety” criminals and governmental surveillance/spying has been used against American citizens. • The Patriot Act renewal had provision for speeding death penalty appeals. • There are routine partnerships (and conflicts) between local law enforcement and DHS. • Civil liberties take centuries to create, but only a few generations to destroy (Wilson).
  • 26. NYPD’s Intelligence /Surveillan ce Activities • Intelligence division – 1000 employees. • Led by ex-CIA agent. • Unit includes 2 dozen civilian experts, lawyers, academics, linguists, and other specialists in addition to law enforcement officers. • Unit monitors jihad websites and gathers tips regarding terrorist activity. • Use cameras on mosques and Muslim- frequented businesses, collected license plate numbers, and engaged “mosque crawlers” to infiltrate mosques and neighborhoods. • Privacy concerns raised by the ACLU and Arab Islamic rights organizations
  • 27. • Should torture be used to gain confessions? • Is there a difference between information to save a victim and information to prosecute the suspect? • Do innocent people confess to crimes they did not commit because of mental or physical coercion? “Dirty Harry” Problem
  • 28. Nga Truong Coerced Confession (2008) • Police received a hysterical call from an apartment where a Vietnamese-American teenager lived with her 13-month-old son, Khyle, her boyfriend, her mother, and her siblings. • Khyle wasn't breathing, and later, a doctor at a nearby hospital pronounced him dead. • Truong later admitted to suffocating her son. She was arrested and spent almost three years awaiting trial for murder. • Police told her that if she confessed, she will get help and leniency in the juvenile court. • She made the coerced admission, thinking she could go on with her life, but not processing at 16 years old that she just admitted to homicide.

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