We are either FOR capital punishment or AGAINST it, FOR laws
prohibiting abortion or drug use or AGAINST them.
We think that crime is caused by poverty and thus that poor criminals deserve
a special break, or we think that crime is caused by plain old orneriness and that no allowance should be made for socially
disadvantaged crooks.
We wonder whether lawyers can be morally good people and what makes them
behave as they do.
We ask, how far can the police go in using deception or sexual enticements
to catch crooks?
Is it entrapment if the police tell a suspect that manufacturing PCP is "as
easy as baking a cake"?
Would we revive chain gangs or corporal punishment?
Should prostitution be legal?
There seem to be no neutrals on these and similar issues. Everyone has strong
opinions on the morality of criminal justice, from its policies and ideals to its practices and abuses. But these opinions
are too frequently formed haphazardly, based on the experiences we have had, on our likes and dislikes, on the attitudes of
those we admire, and perhaps on a good deal of misinformation.
We might hear an argument that strikes us as sensible without considering
another side of the issue. If our moral beliefs are not well formed, if we would not hold them after thoughtful examination
of the other side (or sides) of the issue, then we may support harmful policies.
We all can benefit from deeper reflection on our moral beliefs about criminal
justiceand that is what criminal justice ethics is about.
Ethics connotes not only morality as such, but the philosophical study of
moral principlesthe attempt to subject our moral beliefs to careful scrutiny.
That is what this CRIMINAL JUSTICE ETHICS is about.
It aims not to convince readers that one set of moral beliefs is superior
to others, but to assist them in reflecting on their own moral beliefs. Toward this end, we have put together a collection
of articles that articulate drastically different moral beliefs about important criminal justice issues. Readers, seeing how
moral beliefs are examined and defended, can examine and defend their ownor, perhaps, discover shortcomings in their own beliefs
and open their minds to new ones.
Toward this end, we have tried to identify particularly challenging articles,
ones that argue for unpopular or unusual positions, ones that make for lively reading and discussion and that provide for
thinking and rethinking. In many cases, the articles present different sides of an issue, often in the form of direct debates
between experts.
The reader is exposed to a variety of voices engaged in the vehement defense
of principles important to them.
Who better to write about prostitution law than feminist scholar Catharine
MacKinnon, and who better to respond than the International Committee for Prostitutes' Rights in their "World Whores' Congress
Statements"?
The debate between O .J. Simpson Attorney Johnnie Cochran and Yale Law Professor
Akhil Reed Amar is more engaging than a "balanced" article by a single author on whether criminal defendants have too many
rights.
At other times, we have selected provocative articles and allowed them to
stand alone, hoping that readers themselves will enter into the debate, putting forth their own responses to positions that
strike them as wrong-headed, allowing themselves to revise their opinions in the face of new ones, and to hunt for evidence
important to the issues.
The case studies reflect the messiness of real-life situations requiring
ethical decisions or judicial opinions. The legal cases in particular allow readers to see how legal reasoning may or may
not overlap with moral reflection.
We have been less interested in mechanically balancing every pro with a con
than with stimulating thought and inciting debate.
Numerous addresses to quality Internet sites direct readers to further data,
arguments and perspectives to ensure that this book opens the door to exploration rather than being a final word.
Moreover, the selected articles reflect a broad conception of the field of
criminal justice ethics. In addition to the standard issuesdeath penalty or abortion or recreational drug use or prostitutionwe
have viewed criminal justice as inextricably bound up with social justice.
Since the criminal justice system protects the existing social and economic
system, criminal justice can be no more just than the social and economic systems.
Consequently, issues of social justice are issues of criminal justice. Likewise,
the agents of criminal justicepolice, lawyers, and even doctors administering lethal injectionsare people following careers,
trying to do their best in a difficult job.
Consequently, issues of professional ethics are issues in criminal justice
ethics.
And, finally, we view criminal justice as developing over time in the face
of a changing society. Thus, we have tried to identify ethical issues that are just coming over the horizonthe interest in
televising execution, and, of course, the problems posed by the growing presence of computers and information technology.
How does the Constitution apply to cyberspace?
In these areas, our concern has been to challenge the reader to do his or
her own thinking about criminal justice as it is and as it will be.
Who Needs CRIMINAL JUSTICE ETHICS?
Criminal Justice Ethics offers both instructors and students:
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. For more information, CLICK HERE and request additional details by placing the words "CRIMINAL JUSTICE ETHICS" in either the Subject or Body of your Email
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