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Chapter3.pptxChapter 3: Ethics and Corrections
Introduction: To Do the Right Thing! (1 of 3)
Ethical abuses always been a problem for corrections workers
Jobs largely hidden from public view
Have large amounts of discretion in practice
Stohr, Corrections: The Essentials 4e
SAGE Publishing, 2022
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3.1: Explain the differences between ethics and morality.
Introduction: To Do the Right Thing!
Ethical abuses have always been a problem for corrections workers.
Jobs largely hidden from public view and secretive.
They have large amounts of discretion in practice.
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Introduction: To Do the Right Thing! (2 of 3)
Ethical abuses always been a problem for corrections workers
Deal with people who have few rights and protections
Deficiencies on a professional level
Stohr, Corrections: The Essentials 4e
SAGE Publishing, 2022
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3.1: Explain the differences between ethics and morality.
Ethical abuses have always been a problem for corrections workers.
Deal with people in their care who have few rights and protections.
Also have deficiencies on a professional level:
Inadequate pay.
Training shortfalls.
Lack of experience.
Insufficient education requirements.
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Introduction: To Do the Right Thing! (3 of 3)
Most correctional staff work ethically
Three steps to minimize abuse of power and correct misbehavior
Defining ethics: What is right (and wrong)?
Stohr, Corrections: The Essentials 4e
SAGE Publishing, 2022
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3.1: Explain the differences between ethics and morality.
Most correctional staff work ethically.
Steps to minimize abuse of power/resources and correct misbehavior:
Development of codes of ethics.
Professionalization of staff.
Routinization of policies and procedures.
Defining Ethics: What Is Right (and Wrong)?
Ethics: The concepts and beliefs about, and study of, right and wrong professional conduct.
What is the “right” behavior?
In a larger sense, it is aligned with what is legal.
From an organizational standpoint: what is allowed and not allowed according to code of ethics and policies and procedures.
Morality is not the same as ethics, as it consists of what is “right” in the personal sphere rather than professionally.
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Ethical Foundation for Professional Practice (1 of 10)
Not clear how much ethical foundation most humans are born with
Stohr, Corrections: The Essentials 4e
SAGE Publishing, 2022
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3.2: Describe the different ethical frameworks.
Ethical Foundation for Professional Practice
Not clear how much ethical foundation most humans are born with.
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Ethical Foundation for Professional Practice (2 of 10)
Several institutions try to instill ethical foundations
Research reviews theoretical bases for decisions
Seven philosophical touchstones referenced as guides
Stohr, Corrections: The Essentials 4e
SAGE Publishing, 2022
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3.2: Describe the different ethical frameworks.
Several institutions try to instill ethical foundations in their members:
Family is likely most influential.
Educational institutions, both K-12 and colleges.
Religion.
Key concept of many is the Golden Rule: “Do unto others as you would have done unto you.”
Military.
Social and professional clubs.
Work environment.
Much of research on ethics also reviews theoretical bases for decisions involving ethics.
Seven philosophical touchstones referenced as guides to human decision making, as described by Pollock:
Ethical formalism.
Utilitarianism.
Religion.
Natural law.
Ethics of virtue.
Ethics of care.
Egoism.
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Ethical Foundation for Professional Practice (3 of 10)
Moral behavior shaped by
Deontological ethical systems: whether an act itself is good
Teleological ethical systems: whether consequences of an act are good
Stohr, Corrections: The Essentials 4e
SAGE Publishing, 2022
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3.2: Describe the different ethical frameworks.
Moral behavior shaped by:
Deontological ethical systems: Systems concerned with whether an act itself is good.
Teleological ethical systems: Systems focused on whether the consequences of an act are good.
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Ethical Foundation for Professional Practice (4 of 10)
Ethical Formalism
Ethical formalism: determines morality on basis of universal law that includes clear rights and wrongs
Emmanuel Kant (1774–1804) noted a categorical imperative
Stohr, Corrections: The Essentials 4e
SAGE Publishing, 2022
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3.2: Describe the different ethical frameworks.
Ethical Formalism
Ethical formalism: Determines morality on the basis of a universal law that includes clear rights and wrongs.
A deontological ethical system.
Does not account for gray areas.
Emmanuel Kant (1774–1804) noted a categorical imperative: each person should act as he or she would like all others to act.
Must seek to be guided by reason.
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Ethical Foundation for Professional Practice (5 of 10)
Utilitarianism
Utilitarianism: determines morality based on how many people were helped
Jeremy Bentham (1748–1832): believed people will do “utilitarian calculus” on an act
Stohr, Corrections: The Essentials 4e
SAGE Publishing, 2022
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3.2: Describe the different ethical frameworks.
Utilitarianism
Utilitarianism: Determines morality on the basis of how many people were helped by an act.
A teleological ethical system.
Jeremy Bentham (1748–1832) believed people will do a “utilitarian calculus” as to how much pleasure or pain a given act will garner, and they will act on that calculus to maximize pleasure.
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Ethical Foundation for Professional Practice (6 of 10)
Religious Perspective
Religious perspective: weighs right or wrong on basis of religion
Most religions include set of rights and wrongs
Religions disagree about social practices
Stohr, Corrections: The Essentials 4e
SAGE Publishing, 2022
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3.2: Describe the different ethical frameworks.
Religious Perspective
Religious perspective: A perspective that weighs what is right or wrong on the basis of one’s religion.
Both means and ends are foci, but most religions include a universal set of rights and wrongs and a categorical imperative (Golden Rule).
Religions often disagree about social practices: substance use, diet, appropriate behavior and clothing, or the political and social rights of women and other minorities (like LGBTI individuals).
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Ethical Foundation for Professional Practice (7 of 10)
Natural Law
Natural law: what is good is what is known to be so
Behavior motivated by what is universally understood to be right and wrong
Stohr, Corrections: The Essentials 4e
SAGE Publishing, 2022
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3.2: Describe the different ethical frameworks.
Natural Law
Natural law: Adherents of this framework believe that what is good is what is known to be so.
Behavior is or should be motivated by what is universally understood to be right and wrong.
These rights and wrongs can be deduced by reason.
Believed to be cross-cultural and true regardless of era.
Basis of natural rights, as accorded to U.S. citizens in the Constitution.
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Ethical Foundation for Professional Practice (8 of 10)
Ethics of Virtue
Ethics of virtue: emphasizes virtue of one’s character
Focuses on if person is virtuous or good
Models of virtue provide examples for those who wish to live ethically
Stohr, Corrections: The Essentials 4e
SAGE Publishing, 2022
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3.2: Describe the different ethical frameworks.
Ethics of Virtue
Ethics of virtue: A framework that emphasizes the virtue of one’s character over actions.
Focuses on whether person is virtuous or good, with virtues including:
Thriftiness.
Temperance.
Humility.
Industriousness.
Honesty.
Models of virtue provide examples for those who wish to live ethically and with integrity.
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Ethical Foundation for Professional Practice (9 of 10)
Ethics of Care
Ethics of care: framework centered on good acts in which care of others paramount
Regarded as more “feminine” perspective
Stohr, Corrections: The Essentials 4e
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3.2: Describe the different ethical frameworks.
Ethics of Care
Ethics of care: A framework centered on good acts in which care of and concern for others are paramount.
May be the source of peacemaking and restorative justice concepts.
Regarded as a more “feminine” perspective; women are more likely to be concerned about the care of others as a guiding force in behavior.
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Ethical Foundation for Professional Practice (10 of 10)
Egoism
Egoism: needs of self are most important
Enlightened egoism: act of helping or caring for others so they will do the same for you
Stohr, Corrections: The Essentials 4e
SAGE Publishing, 2022
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3.2: Describe the different ethical frameworks.
Egoism
Egoism: Needs of the self are most important; acting to satisfy one’s own wants and needs is acting ethically.
A deontological ethical system.
Enlightened egoism: the act of helping or caring for others so they will do the same for you when you are in need of assistance.
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Why People Behave Unethically (1 of 5)
Several reasons including personal gain or official deviance
Official deviance
Lee and Visano (1994) studied the behavior of officials in the United States and Canada
Stohr, Corrections: The Essentials 4e
SAGE Publishing, 2022
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3.3: Analyze why people are motivated to commit ethical violations.
Why People Behave Unethically
Several reasons including:
Personal gain or out of selfishness.
Official deviance: When officials act in a way that benefits their organization but violates laws or formal rules.
Lee and Visano (1994) studied the behavior of officials in the United States and Canada:
Many deviant acts committed not for personal gain, but to help the organization or comply with subcultural goals.
If the subculture values secrecy and protecting other officers, it might call upon an officer to lie even to the point of perjury to protect an officer charged with wrongdoing.
Person gains nothing from this deviance, but risks shunning, harassment, or firing for refusing to engage.
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Why People Behave Unethically (2 of 5)
Noble Cause Corruption
Noble cause: profound moral commitment to make world a safer place
Crank and Caldero (2000): two noble cause themes for police officer behavior
Stohr, Corrections: The Essentials 4e
SAGE Publishing, 2022
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3.3: Analyze why people are motivated to commit ethical violations.
Noble Cause Corruption
Noble cause: A profound moral commitment to make the world a safer place to live.
The ends are always more important than the means in noble cause corruption.
Crank and Caldero (2000) identified two noble cause themes for police officer behavior:
“The smell of the victim’s blood”: motivation to protect and save victims, which may cause unethical behavior in the push to catch the “bad guy” at any cost.
“The tower”: running into danger rather than away from it, which may cause overreactions or rash decisions that cross an ethical line.
Associated with black and white thinking.
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Why People Behave Unethically (3 of 5)
Noble Cause Corruption
Noble cause corruption: compelling explanation for unethical behavior
More likely to occur in environments with hidden actors under low supervision
Stohr, Corrections: The Essentials 4e
SAGE Publishing, 2022
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3.3: Analyze why people are motivated to commit ethical violations.
Noble Cause Corruption
Noble cause corruption is a compelling explanation for unethical behavior among corrections workers.
For example, despite the ethical right to confidentiality of an inmate’s crimes, corrections officers may inform new officers of which inmates are in for “child molesting” so new officers conform to the culture of shunning, disrespecting, and suspicion of these inmates (a “victim’s blood” motivation).
“The tower” motivation used to justify the quelling of altercations, even when adrenaline pushed staff into the realm of excessive force in ending these fights.
More likely to occur in environments with hidden actors under low supervision, where clients are powerless.
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Why People Behave Unethically (4 of 5)
Noble Cause Corruption
Officers have discretion over correctional clients
Discretion: ability to make choices and to act or not act on them
Stohr, Corrections: The Essentials 4e
SAGE Publishing, 2022
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3.3: Analyze why people are motivated to commit ethical violations.
Noble Cause Corruption
Officers have a lot of discretion over correctional clients, some of the most powerless individuals in the United States.
Discretion: The ability to make choices and to act or not act on them.
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Why People Behave Unethically (5 of 5)
Subculture
Subculture: subset of larger culture, with its own norms and history
Presence of strong negative subculture key feature of unethical behavior
Stohr, Corrections: The Essentials 4e
SAGE Publishing, 2022
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3.3: Analyze why people are motivated to commit ethical violations.
Subculture
Subculture: A subset of a larger culture, with its own norms, values, beliefs, traditions, and history.
Presence of strong negative subculture is key feature of those engaging in unethical behavior.
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How to Prevent Unethical Behavior and Promote Ethical Work Practices (1 of 5)
Some of subcultural values positive in providing support to coworkers
Unethical behavior rated as common
Stohr, Corrections: The Essentials 4e
SAGE Publishing, 2022
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3.4: Identify why corrections workers might be prone to ethics violations and how they might be prevented.
How to Prevent Unethical Behavior and Promote Ethical Work Practices
Some of the subcultural values are positive in providing support to coworkers, but these values have a negative side and can promote unethical work environment.
Unethical behavior was rated as common on the job and had a wide range:
Routine violations:
Rudeness to clients.
Rudeness to families.
Rare serious violations:
Lying on reports.
Verbal or physical abuse.
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How to Prevent Unethical Behavior and Promote Ethical Work Practices (2 of 5)
Remedies to prevent unethical behavior
Hire those less likely to be motivated by personal gain
Pay a professional wage
Encourage professional development of employees
Stohr, Corrections: The Essentials 4e
SAGE Publishing, 2022
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3.4: Identify why corrections workers might be prone to ethics violations and how they might be prevented.
How to Prevent Unethical Behavior and Promote Ethical Work Practices
Organizational and individual remedies to prevent unethical behavior:
Hire those less likely to be motivated by personal gain.
Pay a professional wage.
Encourage professional development of employees.
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How to Prevent Unethical Behavior and Promote Ethical Work Practices (3 of 5)
Remedies to prevent unethical behavior
Develop code of ethics
Require extensive training
Supervise sufficiently
Stohr, Corrections: The Essentials 4e
SAGE Publishing, 2022
22
3.4: Identify why corrections workers might be prone to ethics violations and how they might be prevented.
How to Prevent Unethical Behavior and Promote Ethical Work Practices
Organizational and individual remedies to prevent unethical behavior:
Develop code of ethics.
Require extensive training.
Supervise sufficiently.
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How to Prevent Unethical Behavior and Promote Ethical Work Practices (4 of 5)
Remedies to prevent unethical behavior
Provide support for positive changes
Discipline violators
Promote those who behave ethically
Stohr, Corrections: The Essentials 4e
SAGE Publishing, 2022
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3.4: Identify why corrections workers might be prone to ethics violations and how they might be prevented.
How to Prevent Unethical Behavior and Promote Ethical Work Practices
Organizational and individual remedies to prevent unethical behavior:
Provide support for positive changes.
Discipline violators.
Promote those who behave ethically.
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How to Prevent Unethical Behavior and Promote Ethical Work Practices (5 of 5)
Remedies to prevent unethical behavior
Encourage whistle-blowing
Develop means for providing input
Encourage outside reviewer involvement
Stohr, Corrections: The Essentials 4e
SAGE Publishing, 2022
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3.4: Identify why corrections workers might be prone to ethics violations and how they might be prevented.
How to Prevent Unethical Behavior and Promote Ethical Work Practices
Organizational and individual remedies to prevent unethical behavior:
Encourage whistle-blowing.
Develop means for providing input.
Encourage outside reviewer involvement.
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War on Drugs = Attack on Ethics? (1 of 10)
“Wars” on nearly everything popular for politicians to wage
Connotations: war means all available resources and attention will be devoted
Stohr, Corrections: The Essentials 4e
SAGE Publishing, 2022
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3.5: Discuss the impact the war on drugs has in creating ethical challenges in the field of corrections.
War on Drugs = Attack on Ethics?
“Wars” on nearly everything are popular for politicians to wage.
Since the 1960s, various presidents have endorsed “wars” on poverty, crime, and drugs.
Connotations: war means all available resources and attention will be devoted.
Lacks nuance and multifaceted approach needed to address intractable social ills like poverty, crime, and substance abuse.
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War on Drugs = Attack on Ethics? (2 of 10)
Many regard “war on drugs” an abject failure
Enormous financial cost of arrest, prosecution, and incarceration
Millions of correctional clients
Stohr, Corrections: The Essentials 4e
SAGE Publishing, 2022
26
3.5: Discuss the impact the war on drugs has in creating ethical challenges in the field of corrections.
Many regard the “war on drugs” to be an abject failure.
Enormous financial cost of arrest, prosecution, and incarceration.
Losses in tax revenue.
Millions of correctional clients.
Each left behind disrupted families.
Distributed unevenly by race and class.
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War on Drugs = Attack on Ethics? (3 of 10)
Many regard “war on drugs” an abject failure
Collateral damage: this “war has cost lives”
Results
Stohr, Corrections: The Essentials 4e
SAGE Publishing, 2022
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3.5: Discuss the impact the war on drugs has in creating ethical challenges in the field of corrections.
Many regard the “war on drugs” to be an abject failure.
Collateral damage: this “war has cost lives.”
Results:
No reduction in drug supply or use.
Galvanized illegal drug trade.
Corrupted government officials across the Americas, including the United States itself.
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War on Drugs = Attack on Ethics? (4 of 10)
Has challenged ethical behavior of corrections officials
Facilities and caseloads crowded by such offenders
Stohr, Corrections: The Essentials 4e
SAGE Publishing, 2022
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3.5: Discuss the impact the war on drugs has in creating ethical challenges in the field of corrections.
Has challenged ethical behavior of corrections officials
Facilities and caseloads are crowded by such offenders
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War on Drugs = Attack on Ethics? (5 of 10)
Drug Policy Alliance (2016) determined outcomes in 2014:
$51 billion annual U.S. expenditure
1.56 million U.S. arrests for nonviolent drug charges
700,993 U.S. arrests for marijuana
Stohr, Corrections: The Essentials 4e
SAGE Publishing, 2022
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3.5: Discuss the impact the war on drugs has in creating ethical challenges in the field of corrections.
Drug Policy Alliance (2016) determined outcomes resulting from war on drugs in the year 2014:
$51 billion annual U.S. expenditure.
1.56 million U.S. arrests for nonviolent drug charges.
700,993 U.S. arrests for marijuana law violations.
619,809 (88%) of those arrests were for possession only.
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War on Drugs = Attack on Ethics? (6 of 10)
Drug Policy Alliance (2016) determined outcomes in 2014:
Number of incarcerated Americans: 2,224,400
Proportion of Black or Hispanic people incarcerated in state prison: 57%
Stohr, Corrections: The Essentials 4e
SAGE Publishing, 2022
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3.5: Discuss the impact the war on drugs has in creating ethical challenges in the field of corrections.
Drug Policy Alliance (2016) determined outcomes resulting from war on drugs in the year 2014:
Number of incarcerated Americans (federal, state, and local): 2,224,400.
1 in every 111 adults.
Highest incarceration rate worldwide.
Proportion of Black or Hispanic people incarcerated for drug offenses in state prison: 57%.
These groups use and sell drugs at similar rates to White people.
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War on Drugs = Attack on Ethics? (7 of 10)
Drug Policy Alliance (2016) determined outcomes in 2014:
More than 100,000 people killed in Mexico’s drug war since 2006
Over 200,000 students have lost federal financial aid eligibility
Stohr, Corrections: The Essentials 4e
SAGE Publishing, 2022
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3.5: Discuss the impact the war on drugs has in creating ethical challenges in the field of corrections.
Drug Policy Alliance (2016) determined outcomes resulting from war on drugs in the year 2014:
More than 100,000 people killed in Mexico’s drug war since 2006.
Over 200,000 students have lost federal financial aid eligibility due to drug convictions.
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War on Drugs = Attack on Ethics? (8 of 10)
Drug Policy Alliance (2016) determined outcomes in 2014:
47,055 drug overdose deaths in the United States.
Federal ban on syringe access program funding has contributed to one-third of AIDS cases in the United States caused by syringe sharing.
Stohr, Corrections: The Essentials 4e
SAGE Publishing, 2022
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3.5: Discuss the impact the war on drugs has in creating ethical challenges in the field of corrections.
Drug Policy Alliance (2016) determined outcomes resulting from war on drugs in the year 2014:
2014 had 47,055 drug overdose deaths in the United States.
Federal ban on syringe access program funding has contributed to one-third of AIDS cases in the United States caused by syringe sharing (360,836 cases).
Syringe access programs lower the incidence of HIV infection among those who inject drugs by 80%.
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War on Drugs = Attack on Ethics? (9 of 10)
The point? The war on drugs has been huge resource suck
Distracted from treatment and prevention
Disproportionately target minority groups
Stohr, Corrections: The Essentials 4e
SAGE Publishing, 2022
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3.5: Discuss the impact the war on drugs has in creating ethical challenges in the field of corrections.
The point? The war on drugs has been huge resource suck.
Distracted from treatment and prevention in favor of punishing addicts.
Disproportionately targeted minority groups.
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War on Drugs = Attack on Ethics? (10 of 10)
The point? The war on drugs has been huge resource suck
Cost likely in the trillions
Has challenged ethical behavior of corrections officials
Stohr, Corrections: The Essentials 4e
SAGE Publishing, 2022
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3.5: Discuss the impact the war on drugs has in creating ethical challenges in the field of corrections.
The point? The war on drugs has been huge resource suck.
Cost likely in the trillions after 48 years.
Has challenged ethical behavior of corrections officials by forcing overincarceration of minor offenders.
Overcrowding leads to understaffing.
Increased demand for drug monitoring.
Supervision of people who, comparatively, do not merit incarceration or even community supervision.
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