Lesson8/criminal ethics
dbrown83
Pollock_7e_ch13_final.ppt
CHAPTER 13:
Correctional Professionals: Misconduct and Responses
Lecture Slides prepared by Cheryn Rowell
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Corruption
- Bribery for access to legitimate activities
- Bribery to protect illicit activities
- Mistreatment/harassment/extortion of inmates
- Gross mismanagement (e.g., prison industries)
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Malicious or purposeful abuse: excessive use of force; rape and sexual harassment; theft and destruction of personal property; false disciplinary charges; intentional denial of medical care; failure to protect; racial abuse and harassment; excessive and humiliating strip searches.
Negligent abuse: negligent denial of medical care; failure to protect, lack of responsiveness; negligent loss of property or mail.
Systemic or budgetary abuse: overcrowding; inadequate medical care; use of isolation units
Corruption (Bomse)
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The Prison Rape Elimination Act (PREA 2003)
Mandated that every state keep a record of prison rapes and allocated money to study the problem and develop solutions.
Abu Ghraib in the U.S.?
- Gladiator fights in Corcoran Prison
- The “Tucker telephone” in Arkansas
- Using “dog boys” as live quarry for Texas dog handlers
- Beatings and the use of dogs on prisoners
- Looking the other way while inmates beat and raped a victim
- Inmates being forced to wear pink underwear as punishment
- Inmates being stripped as punishment
- Inmates being made to wear black hoods
Thinking Point
The California Department of Corrections has been implicated in a series of inappropriate behaviors towards inmates. In May of 2010, several California state senators demanded Governor Arnold Schwartzenegger begin an investigation in multiple reports of prison corruption. According to accusations, correctional officers withheld medical care, participated in using racial slurs, and punished correctional officers who reported unethical behavior.
What implications may occur if the Governor decides to investigate? What may occur, if he does not?
Is such behavior commonplace in many prisons?
Can it be prevented?
Community Corrections
Most offenders are under some form of community supervision (probation or parole, halfway houses, work release centers, and intermediate sanctions).
Community supervision poses different ethical challenges than institutional corrections.
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The Zimbardo Experiment
In the 1970s, a mock prison was set up in the basement of a building on the grounds of Stanford University.
College men were arbitrarily assigned to be guards or inmates.
Many of the “guard” subjects became brutal toward the “inmate” subjects.
Many of the “inmate” subjects became docile and submissive.
Behavioral changes in both groups were so profound that the experiment was canceled after six days.
The study illustrates the profound effect of a prison experience.
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Management and Unions
- have been successful in some states in obtaining greater benefits for their members.
- have not been especially effective at promoting professionalism and ethics among their members.
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Management Ethical Goals
Treat staff fairly and impartially
Make merit-based promotions
Show no prejudice
Lead by example
Develop a clear mission statement
Develop a code of ethics that is a list of “dos,” not a list of “don’ts”
Create a performance-based culture, not a seniority-based culture
Solicit staff input on new policies
Be respectful
Create an culture that values ethical behavior
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A New
Corrections
Paradigm?
America has one of the world’s highest rates of incarceration.
High recidivism rates suggest that prisons and other deterrence mechanisms are not particularly effective in reducing crime.
Some advocate a new approach to crime and punishment.
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Restorative Justice Goals
- Meeting a clearly defined and obvious need
- Symbolically linking offender and victim, or offender and community
- Viewing offenders as resources, with outcome measures directed to the work itself, rather than to the offender's behavior
- Involving offenders in project planning and execution
- Achieving a sense of accomplishment, closure, and community recognition
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Sentencing circles or healing circles: offender meets with the victims, family and others and group determines sanction
Victim-offender mediation: brings victims face-to-face with their offenders so the victims can tell the offenders how being victimized affected them
Community reparative boards: seek to devise sentences that meet the needs of both parties
Victim education: similar to victim-offender mediation, does not match victims with their particular offenders, but instead uses volunteer victims to meet with offenders and explain the effects victimization had on them
Restorative Justice Goals
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Shaming
Reintegrative and Stigmatizing
A variety of punishments inflicted on offenders today incorporate the concept of shame
- Some convicted of drunk driving must obtain special license plates
- Some sex offenders must post signs on their houses
- Some offenders have been required to publicly confess and seek the forgiveness of their community
- Sex offender registries (have led to offenders being injured or killed in a few instances)
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Forgiveness
- Should only victims be able to give forgiveness?
- Is it possible to be too forgiving?
- What is the ethical justification for forgiveness?
- Is it wrong not to forgive?
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Restorative Justice Goals
- Meeting a clearly defined and obvious need
- Symbolically linking offender and victim, or offender and community
- Viewing offenders as resources, with outcome measures directed to the work itself, rather than to the offender's behavior
- Involving offenders in project planning and execution
- Achieving a sense of accomplishment, closure, and community recognition
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