J.A wk3
Christine Nelson
07/21/2019
Ethical Dilemmas and Decisions in Criminal Justice
Week 4 Journal
1. Discuss the different ways treatment and security concerns clash for treatment professionals. Be sure to give examples to support your answer.
As described by the text, “The unique issues facing correctional treatment professionals derive
from their dual goals of treating the individual and being an employee of the state with a
corresponding duty to maintain safety and security (Pollock, 2019, p. 415). A treatment professional works in a unique and difficult field as their priorities usually clash. Treating an
individual who is mentally ill, physically ill, or suffering from any other ailment can be difficult
with limited supplies, resources, and freedoms. A doctor or psychiatrist cannot simply take an
inmate from a prison or jail for treatment; the treatment must occur behind bars. Creating a safe
space that allows privacy and a place an inmate can feel comfortable in can compromise security
and the safety of staffing. Those who are mentally ill pose some of the more serious issues with
treatment staff and correctional staff alike. Sometimes these mentally ill inmates do not seek out
or want help; yet, these individuals are being forced to undergo treatment as a means of control
(Pollock, 2019). Drug prescriptions such as antipsychotic drugs are now a topic of conversation
when it comes to ethical issues with treatment staff. The reason for this is because the individuals
on these medications may not function otherwise; however, once back on the street, these people
suffer through withdrawal and go through the entire process again upon arrest and conviction.
Other clashes for treatment staff regarding treatment responsibilities and security are the ability
to maintain patient confidentiality, protection of records, consent, and being non-discriminatory
with their services (Pollock, 2019). How far can a doctor, psychologist, or practicing nurse go
before security measures outweigh confidentiality of the inmate and job duties? These treatment
professionals must follow their own guidelines and remember the Tarasoff rule, or that someone
must be notified if there is imminent harm from one of these treatment professional’s clients
(Pollock, 2019; Armstrong & Griffin, 2004; MacKain et al., 2004). These duel loyalties are delicate balances that can be broken in a moment’s notice.
2. Describe the different approaches to the probation/parole function and explain how each approach would affect the officer's behavior. Be able to provide examples to support your answer.
There are four distinct types of approaches when it comes to parole and probation officers: the
punitive law enforcer, the welfare practitioner, the passive time server, and the combined model
(Pollock, 2019; Placer County, 2019). As parole and probation work closely with inmates regarding supervised release, these different approach types affect not just the inmate but also the
officer’s behavior itself. The punitive law enforcer is how the title is portrayed. The individuals
with this type of approach are aggressive and may use illegal means to enforce compliance such
as illegal threats and due process violations. The welfare worker type is almost like an
overbearing mother-figure. These people tend to be so involved at helping their clients that client
privacy is violated. The passive time server is someone who does not take their job requirements
and duty seriously. Finally, the combined model is a mix of one or multiple different approach
types, which can cause conflicting strategies in being an efficient parole or probation officer or
work in an effective manner (Pollock, 2019). All of these approach types cause different
behaviors in a probation or parole officer. The punitive law enforcer, as stated before, may be
aggressive and quick to temper. These individuals tend to use violent-like work strategies to force
compliance with their clients. The tactical use of fear and intimidation can cause not only ethical
issues, but also long-term effects on the client. The welfare worker, while wanting to do the right
thing and make sure that the client is being helped, may come off as a bit naïve or parental like.
Added stress could be placed on the parole or probation officer if a client refuses the help
because of a violation of privacy. Clients may also become aggressive or reluctant to work with
the parole or probation officer due to this behavior. The passive time server is an individual who
does not see any sense in making a difference in former inmates’ lives and only does the bare
minimum, if that. These individuals may actually cause more recidivism cases than prevented
ones due to their lack of care for the job. Finally, the combined role can a helpful one or a
hindering one. Depending on the types of approaches combined, a parole or probation officer can
become effective at their jobs or practically useless (Pollock, 2019).
3. Describe and discuss restorative justice and its potential role in dealing with misconduct and corruption in corrections. Be sure to provide examples to support your answer.
Restorative justice is the type of approach focused on reparation rather than punishment or
retribution (Cambridge Dictionary, n.d.). Today’s correctional system houses too many inmates that place a toll on tax payers and those working in the system. The current punitive model is
ineffective within the correctional system as the model enhances a sense of unfairness among
inmates; which, as a result, places additional stress on correctional officers (Pollock, 2019).With restorative justice, the inmate would feel a sense of responsibility of their own misdeeds and
would force the inmate to realize the consequences of their actions and take responsibility for
such. The public has been
seen as favoring this type of justice because it is more about the victim rather than the offender.
The offender would have to work to make their wrong-doings right again while the victim is
helped during the difficult time of healing and coping. As explained by the text, “restorative
justice programs may lead to a greater sense of mission for correctional professional and,
therefore, decrease burnout and misconduct” (Pollock, 2019, p. 428). Because corruption is the
cause from multiple factors such as poor management, stress, and correctional officer mentality
of “us versus them” against inmates with behavioral issues, this model of corrections is a
suggested way of reducing corruption within the correctional system and with correctional
officers. The term peacemaking corrections is perhaps the best way to explain this type of
restorative justice approach as this focuses on what is right in the mind and the heart. The inmate
must come to terms that their wrong doing has harmed another person and they must take the
responsibility to do the right thing for the victim and themselves. This approach brings peace to
the inmate and to the officers involved in the correctional system, yet is not as effective towards
the victim unless any negative emotional feelings are eliminated (Pollock, 2019, pp. 427-430).
4. List and discuss some management practices that have been found to contribute to an
ethical workplace. Be sure to provide examples to support your answer.
An ethical workplace is an efficient workplace and there are many different management
practices that can contribute to this. In corrections, The Commission on Safety and Abuse in
American Prisons is an excellent demonstration of difference recommendations managers and
correctional administrators can use to reduce unethical environments and cultures of violence
(Pollock, 2019). These recommendations include better staffing, proficient hiring techniques and
better training, strengthening professional standards, and having access to a national database that
documents violent incidents and misconduct (Dupree, n.d.). These recommendations do not only have to apply to corrections; instead, other areas of the criminal justice system could learn from
these as well. Other management practices that could improve the workplace and encourage
ethical professionalism are proactive measures to wrongdoings and internal affairs, better
working conditions, good role models in supervisor positions, and reducing opportunities for
corruption. My personal opinion of better management practices that are perhaps the most effective are those proposed by Wright: the treatment of employees. Seven principles were
introduced as to how administrators, managers, and supervisors should treat employees: safety,
fair treatment, due process, freedom of expression, privacy, participation in decision making, and
information (Pollock, 2019). Mix these principles with the recommendations proposed by The
Commission on Safety and Abuse in American Prisons, then better ethical and healthy
workplaces can develop.
5. Explain how the nation's response to 9/11 has impacted local law enforcement. What are the ethical concerns surrounding the changes law enforcement has made since 9/11?
No one can deny that the response to the 9/11 attack was immediate and affected everyone in the
United States. Law enforcement are first responders to any and all incidents, so it only makes
sense that law enforcement would be heavily impacted and revised to ensure greater national
security and defense. After 9/11, the Department of Homeland Security was established, more
law enforcement agencies were set up including additional personnel, civil liberties were limited
and reduced, immigration control and awareness increased, and different legislation was passed
to ensure that such an event never happens again (Pollock, 2019). All of these new changes impacted law enforcement as new and additional job duties were handed out and different forms
of policing were writing into law. Additional changes include detainments, secret prisons,
military commissions, when and how to use torture, government secrecy, privacy threats and
changes to such, and undercover operations (Pollock, 2019). Ethical issues and concerns that are
present with these changes are the right to privacy, racial bias, and completing missions by any
means possible. After the attacks of 9/11, the priority in the United States was security over the
rights of the people. People suspected of being a part of a terrorist organization or have
committed terroristic crimes were harshly treated in detainment and in prisons alike; almost to
the point the treatment being inhumane. Police officers following orders may be faced with
unethical decisions to make that could cost them their jobs or another person’s life. Illegal
searches, seizures, arrests, and investigations are performed in the name of security by both law
enforcement and federal agents alike (Pollock, 2019). The question remains: how far is too far in
the name of security and national protection? Sacrifices must be made at times by the few to
protect the whole, such as the case of the national security letters and the Patriot Act where
privacy of the people was somewhat tampered on to ensure there were no future threats and acts
of terrorism (Pollock, 2019). Law enforcement can only do so much legally when it comes to
anti-terrorism tactics, and it is imperative that certain freedoms are granted to ensure national
security without violating the people’s rights and privacy.
References
Armstrong, G.A. & Griffin, M.L. (2004). Does the job matter? Comparing correlates of stress among treatment and correctional staff in prisons. Journal of Criminal Justice, 32(6), 577-592. https://doi.org/10.1016/j.jcrimjust.2004.08.007 Cambridge Dictionary. (n.d.). Restorative justice. In Cambridge Dictionary. Retrieved July 20,
2019, from https://dictionary.cambridge.org/us/dictionary/english/restorative-justice
Dupree, D. (n.d.) Recruiting & training correctional officers on ethics. Chron. https://work.chron.com/recruiting-training-correctional-officers-ethics-30563.html
MacKain, S.J., Myers, B., Ostapiej, L., & Newman, R.A. (2010). Job satisfaction among psychologists working in state prisons: The relative impact of facets assessing economics, management, relationships, and perceived organizational support. Criminal Justice and Behavior, 37(3), 306-318.
Placer County. (2019, January 19). Ride along with Probation Officer Merredith Murdock. [Video]. YouTube. https://www.youtube.com/watch?v=23f7msQekLs
Pollock, J. M. (2019). Ethical dilemmas and decisions in criminal justice (10th ed.). Cengage.