Introduction
The criminal justice is affected by
several issues of ethical dilemmas. Every segment and department involve
professionals like the judges, the police, the attorneys and even the paroles
that make unrealistic decisions putting the integrity of the application of
ethical behaviour and principles in question in as far as the administration of
justice are concerned (Braswell et
al., 2017). The permeation of instances of unethical behaviour and
practice in the criminal justice system is rising at an unprecedented rate.
From a critical perspective, there are instances where incongruous laws, policy
statements and regulatory practices and values that have been formulated and
implemented by the criminal justice systems distort the basic concept and
understanding of what ethics are and the precepts of their application. The
judges, who are charged with a noble task of making essential court decisions
have been on a receiving end based on the quality of their decisions and
judgements, what guides their choices and how they make those decisions and
judgements. This implies that the level of unethical behaviour and practice in
the criminal justice system is on an unprecedented level.
Major Ethical Dilemmas in
the Criminal Justice System
The professionals in the criminal
justice system like the judges, the attorneys, the paroles and police have a
significant responsibility of protecting the laws regarding the administration
of justice in a manner that is, ethical and upholds the rule of law (Emmelman 2018). The interplay
between the rule of law and morality has, however, taken a central role in thwarting
the administration of justice from these professionals. In some cases, the
decisions made by these professionals lead to the rise of ethical concerns and
how the Law Enforcement Code of Ethics is applied and how it adheres to its
mission statement which is enshrined in remaining committed to the law in the
course of administering justice to the public.
The primary duty of the criminal justice system is to ensure that the
public and the communities in which they work to deliver justice are protected
against injustices like oppression, discrimination and violence (Klein, Remis & Elm 2015).
This noble duty and responsibility of the criminal justice system have however
not been fully realized as expected because of various reasons including but
not limited to aspects such as corruption and negligence of duties because of
interfering political structures and self-interests of professionals.
The judges and the attorneys in the
criminal justice systems, for example, have been seriously involved in
corruption cases where judges and other essential professionals in the court
system accept bribes and fail to administer justice where it is due. The judges
have been bribed and continue to be bribed even today, mainly by the criminals
who are rich and wealthy. This unethical behaviour has resulted to judges
making unethical and irrational judgements and decisions against the poor and
the innocent citizens simply because they cannot afford to bribe the judges and
also based on the fact that they cannot provide top assistance because of
financial constraints. Another reason that has propelled this unethical
behaviour is the need to fulfil the selfish interests of the judges and the
professionals in the criminal justice systems. Their appetite for money at the
expense of administration of fair and trusted justice is unprecedented.
Another instance of an ethical
dilemma in the criminal justice system is the avoidance of the administration
of justice where it is deserved due to the technicalities of the case involved
(Toom et al., 2016). In
these cases, it is the role of the judges and all the stakeholders involved in
the determination of the case to make just and rational decisions that would
help in administering justice fairly and acceptably thereby increasing the
confidence of the public. For example, there are many cases in which the judges
released offenders of severe felonies, such as murder due to technical issues.
Legal technicalities restrict or enable court access, guide legal procedures,
and limit the court from passing judgment. The court system, which ought to
administer justice to the public, has acquitted many offenders of a peal due to
technicalities while they are found guilty during the initial trial. A judge
can have substantial evidence that convicts an individual reasonably without a
doubt, but technical errors lead to the release of individuals. The aspect is
intimidating to the judges and the entire criminal justice system because it
prevents justice. The law should be protecting citizens, and when an offender
is released on technical grounds, innocent civilians or the victims can be at
risk.
Besides, it is an ethical
responsibility of the professionals of the criminal justice system to act in a
manner that increases public faith and base their decision on the professional
code (Miller & Blackler 2017).
When the law demands an individual to be set free due to technicalities, the
judge should work out of public faith. There are many cases whereby offenders
were released due to technicalities. For example, Kevin Lewis McDonald, who was
serving a life sentence after being found guilty of assault, was released due
to technicalities. The court found out that the governor but an aide did not
sign the denial; hence, it was not considered to be official. Arizona court had
to make a decision that was not favourable to justify the technical rules. Such
determination is hard to make because even an individual without legal
knowledge was able to note that the offender was supposed to serve a sentence.
The judge, in such cases, is left in an ethical dilemma because releasing such
criminal contracts the code of ethics.
There are different moral standards
and models surrounding the dilemma in the criminal justice system. After
consideration of the ethical principles, the judge can overlook the
technicalities involved in the case and pass judgment in the review of the
presented evidence. An individual should not be released due to minor issues
such as signature or wrong dates. Writing a wrong time or using an incorrect
format cannot justify the guiltiness or innocence of individuals. In regards to
the practical ethical standard, there should be a balance in decision making.
The rule ensures that an individual makes the decision that guarantees
wellbeing with less harm. When making a judgment, an individual considers the
consequences and impact. In consideration of the practical standard, the judges
need to consider the outcome before releasing offenders on technicalities
grounds.
The criminal justice system is also
faced with the challenge of administering justice based on the application of
morality and the principle of moral goodness (Siegel & Worrall, 2018). For example, the common
good and fairness standards need to be considered when making a decision.
Common goods require justice professionals and paraprofessionals to protect the
wellbeing of others and avoid a decision that can cause harm. An individual
should also make a decision that is fair to all people. When passing judgment,
the judge should consider the common good of the victim and other criminal
justice system officials without any consideration of corruption or bribery. In
case a criminal is acquitted, the police officers and prison officials will be
demoralized.
The police department, which is also
an essential administrative unit in the criminal justice systems, is also
marred with a lot of issues regarding the ethical dispensation of duties. Some
of the most common ethical issues facing the police departments include
bribery, incomplete investigation of criminal cases due to corruption and false
victimization of innocent citizens due to greed and selfish interests (Cole, Smith & DeJong 2018).
The Law Enforcement Code of Ethics articulates those police officers must
protect the citizens and the communities in which they work through just
administration and application of ethical principles. The police are charged
with the responsibilities of protecting the citizens from unjust practices like
oppression, violence and ensuring that everyone acts in the interest of the
constitution. It is, however, quite surprising and disappointing that the same
body that should safeguard the importance of the constitution and the citizens
have turned against the citizens and are currently getting involved in serious
criminal offences including corruption, murder cases and false victimization of
citizens for selfish interests. These unethical behaviour and practices demonstrate
the extent to which the criminal justice systems have been entangled with
severe instances of ethical dilemmas which require immediate action and overhaul
to correct.
Many officials in the police
department have turned the agency or the imperative government department into
their avenues of selfish interests and thereby bringing questions on the
ethical dispensation of duties and even decision-making. The officials in the
criminal justice system are faced with a severe issue of moral dilemma that needs
to be addressed. Technicalities in the cases give the judges a hard time on
whether to acquit or sentence an offender. Many serious felony offenders have
been released due to technical errors. When making a decision, the judge should
consider both the professional code and ethical standards to ensure that
justice is served to the victim and offender.
Conclusion
In conclusion, there are many cases
of ethical dilemmas in the criminal justice system that compromise the quality
of the decisions and service delivery to the public. Most professionals in the
criminal justice system like the judges, the police, the prosecutors and the
attorneys have failed to act in the best interest of the rule of law and
protect the nation and the public based on the Law Enforcement Code of Ethics. Every level and department in the criminal
justice system is faced with unethical issues and behaviour such as corruption,
bribery, inconsistent judgement and decision making which have severely
compromised the goal and the standards of the dispensation of justice. Innocent
citizens who are supposed to be vindicated are convicted because they cannot
bribe the corrupt system. The police and other paraprofessionals in the
criminal justice systems have been engaged in questionable, unethical practices
and behaviours. Sadly, as it sounds, the corrupted system still vindicates and
release them with no offence, and this continues to affect society and put the
lives of innocent at risk. All these
unethical behaviour and practices present a challenge in the administration of
justice and the entire system seems to have failed. However, many intervention
strategies can still be applied to correct the mess brought out by an ethical
dilemma in the criminal justice system.
References
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