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Chapter11TheEthicsofPunishmentandCorrections.pptx

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Ethical Dilemmas and Decisions in Criminal Justice

Tenth Edition

Chapter 11

The Ethics of Punishment and Corrections

Learning Objectives

Provide the definitions of punishment and treatment and their rationales.

Describe how the ethical frameworks justify punishment.

Describe the ethical rationales for and against capital punishment.

Identify major themes from the ethical codes for correctional officers, treatment professionals, and probation and parole officers.

Explain how occupational subcultures affect adherence to professional ethics codes.

Five Elements of Punishment

Two people involved, the punisher and the one being punished.

The punisher inflicts harm on the one being punished.

The punisher is authorized by law to inflict the punishment.

The one being punished has been judged to be in violation of a criminal law.

The inflicted harm is meted out specifically as punishment for that violation of criminal law.

LO 1: Provide the definitions of punishment and treatment and their rationales.

Treatment (1 of 2)

In correctional terminology, treatment is anything used to induce behavioral change.

The goals of treatment are:

Elimination of dysfunctional or deviant behavior

Encouragement of productive, normal behavior

LO 1: Provide the definitions of punishment and treatment and their rationales.

Rationales for Punishment and Corrections

The social contract provides the rationale for punishment and corrections.

We avoid social chaos by giving the state the power to control us.

The state is limited in the amount of control it can exert over individuals.

For consistency with the social contract, the state should exert its power only to protect.

Any further interventions with civil liberties are warranted.

LO 1: Provide the definitions of punishment and treatment and their rationales.

Retribution

The retributive rationale for punishment is consistent with the social contract theory and argues that the individual offender must be punished because he or she deserves it.

LO 1: Provide the definitions of punishment and treatment and their rationales.

Prevention Rationale

Assumes that something should be done to the offender to prevent future criminal activity

Preventive methods include:

Deterrence

Incapacitation

Treatment

LO 1: Provide the definitions of punishment and treatment and their rationales.

Deterrence

Specific Deterrence:

Preventing a particular offender from deciding to commit another offense

Teaching through punishment

General Deterrence:

Prevent others in general from deciding to engage in wrongful behavior

Teaching by example

LO 1: Provide the definitions of punishment and treatment and their rationales.

Incapacitation

Holding an offender until there is no risk of further crime.

Because incapacitation is predictive:

We might release an offender who commits further crimes.

We might not release an offender who would not commit further crimes.

LO 1: Provide the definitions of punishment and treatment and their rationales.

Three-Strikes Laws

Are these laws justified under retribution, deterrence, or incapacitation?

Supreme Court holdings of Lockyer v. Andrade and Ewing v. California

LO 1: Provide the definitions of punishment and treatment and their rationales.

Treatment (2 of 2)

Treatment is considered beneficial for both society and the individual offender.

The control over the individual is just as great as with punishment.

Courts define treatment as “that which constitutes accepted and standard practice and which could reasonably result in a ‘cure.’”

Much of the treatment in the correctional environment is either implicitly or directly coerced.

No single program works for all offenders.

LO 1: Provide the definitions of punishment and treatment and their rationales.

Ethical Frameworks for Corrections

Utilitarianism: treatment, incapacitation, deterrence (we punish to benefit the majority)

Ethical formalism: retribution (we punish because the offender deserves it)

Ethics of care: restorative justice (we punish only if it is necessary to meet the needs of all involved)

Rawlsian ethics: A loss of rights should take place only when it is consistent with the best interests of the least advantaged.

LO 2: Describe how the ethical frameworks justify punishment.

Punishments

The American criminal justice system has adopted prison as a standard form of punishment.

Imprisonment does not carry the physical pains of flogging or mutilation.

Imprisonment is painful because it involves:

banishment,

condemnation,

separation from loved ones,

deprivation of freedom, and

an assault on one's self-esteem.

Prisons are extremely expensive.

LO 3: Describe the ethical rationales for and against capital punishment.

Cruel and Unusual Punishment

Unusual (by frequency): Punishments that are rarely used become unusual.

Evolving standards of decency: Punishments acceptable in the past (flogging) may not be acceptable today.

Shock the conscience: A punishment is cruel and unusual if it shocks the public conscience.

Excessive or disproportionate: Any punishment that is disproportionately administered or excessive to its purpose is considered wrong.

Unnecessary: The purpose of punishment is to deter crime; only an amount necessary to do so should be administered.

LO 3: Describe the ethical rationales for and against capital punishment.

“Shaming” Punishments

Stigmatizing shaming rejects the individual and may have negative effects.

Reintegrative shaming rejects only the person's behavior, thus creating a healthier relationship between the individual and his or her community.

LO 3: Describe the ethical rationales for and against capital punishment.

Supermax Prisons

Prison authorities have long segregated the most notorious prisoners into special units.

Today, some states have constructed the most secure facilities, referred to as supermax prisons.

Supermax conditions are extremely harsh, including individual separation of all inmates around the clock and limited recreational activity.

Challenges due to conditions, procedures, and who is sent there (non-violent, mentally ill).

LO 3: Describe the ethical rationales for and against capital punishment.

Capital Punishment

Does failure to apply capital punishment fairly invalidate its use?

The U.S. Supreme Court has ruled against executing:

Mentally ill

Mentally handicapped

Juveniles (under 18)

LO 3: Describe the ethical rationales for and against capital punishment.

Should Punishment be Profitable?

In many cases, poverty, and not the seriousness of the crime, is inextricably linked to how long someone is enmeshed in the criminal justice system.

Proponents argue that private corrections can save the state money. Private corporations are said to be more efficient; they can build faster with less cost and less red tape, and they have economies of scale.

A very troublesome element of privately run detainee centers and prisons is that they have been ruled exempt from open-records laws, which apply to public agencies.

LO 3: Describe the ethical rationales for and against capital punishment.

Formal Ethics for Correctional Professionals

Common across all ethics codes:

Integrity

Respect for and protection of individual rights

Service to the public

Importance and sanctity of the law

Prohibition against exploiting professional authority for personal gain

LO 4: Identify major themes from the ethical codes for correctional officers, treatment professionals, and probation and parole officers.

The Correctional Officer Subculture

May consider inmates, superiors, and society in general as “the enemy”

Accepts use of force as a routine job element

Shows a tendency to redefine job roles to meet minimum requirements only

Shows a willingness to use deceit to cover up wrongdoing by staff

LO 5: Explain how occupational subcultures affect adherence to professional ethic codes.

The Probation/Parole Officer Subculture

Cynicism toward clients

Lethargy from heavy caseloads and poor pay

Individualism: an officer running his or her caseload in the manner he or she sees fit

LO 5: Explain how occupational subcultures affect adherence to professional ethic codes.

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