Module 4 Reflection Help

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Ethical Dilemmas and Decisions in

Criminal Justice Tenth Edition

Chapter 12 Discretion and Dilemmas in Corrections

Learning Objectives

1. Describe the role conflict of correctional officers.

2. List and describe some ethical issues for correctional

officers.

3. Compare the challenges that face jail officers as

compared to correctional officers in prisons.

4. Explain the role conflict of treatment professionals and

provide examples.

5. List and describe the ethical issues of probation and

parole officers.

Correctional Officers (1 of 2)

• Correctional officers (COs) are similar to police officers

(uniform = authority).

• It is impossible to effectively depend on the authority of

the uniform to get tasks accomplished (must earn

respect and authority from personal reputation).

• Like police officers, correctional officers have a range

of coercive control over inmates, from loss of liberty to

lethal force, if necessary, and this power may be

misused.

Correctional Officers (2 of 2)

• Sensitivity to ethical issues in corrections involves

recognition and respect for the inherent powers and

concurrent responsibilities of the profession.

• Changing goals in the 1970s and 1980s created role

conflict and ambiguity for the correctional officer. Other

factors include unionization, professionalism, and

diversity.

Discretion

• Correctional officers have a range of coercive control over inmates, from loss of liberty to lethal force, if necessary.

• Discretion is used judicially; when a good officer decides to bypass rules, all involved tend to agree that it is the right decision.

• The traits of consistency, fairness, and flexibility are confirmed as valuable by research.

• A good officer:

– Treats inmates in a professional manner and gives them the respect they deserve as human beings

– Treats inmates the way anyone would like to be treated

A New Era of Corrections?

• Supreme Court ordered California to release prisoners if

they could not provide a constitutionally mandated level of

medical care.

• Alleged deficiencies included:

– Inadequate medical screening of incoming prisoners

– Delays in or failure to provide access to medical care

including specialist care

– Untimely responses to medical emergencies

– The interference of custodial staff with the provision of

medical care

– The failure to recruit and retain sufficient numbers of

competent medical staff

Relationships with Inmates (1 of 2)

• Both guards and inmates prefer to live in peace.

• Both feel they must take sides when conflict occurs.

Reciprocity: Officers become dependent on inmates for

completion of important tasks.

In return, officers may overlook inmate infractions and

allow a degree of favoritism.

Relationships with Inmates (2 of 2)

• Officers have the power to make life difficult for inmates

they do not like.

• If officers become personally involved (e.g., sexually),

their professionalism is compromised.

• An alliance sometimes forms between guards and

inmates that is not unlike foreman-employee

relationships.

• Officers insist that “you can be friendly with inmates,

but you can never trust them.”

• Mature officers learn to live with this inconsistency.

Sexual Relationships and Sexual Abuse in

Prison

• There was a great deal of sexual victimization

occurring between female inmates.

• There was a surprising amount of sexual interaction

between male inmates and female officers.

• Sexual assault is rare, but more inmates experience

other forms of sexual victimization involving unwanted

touching and sexual harassment.

• Transgender and homosexual inmates are more likely

to be sexually victimized as well as inmates

incarcerated for sexual crimes. Another vulnerable

group are those with mental health issues.

Use of Force

• Physical force is often necessary in prison situations.

• Prior to the 1980s, overt physical force was used

routinely in U.S. prisons.

– “tune-ups”

– Tucker telephone

– Hudson v. McMillian

• Today, the incidence of excessive force is less

common, but it is still used in some institutions.

• Inmates have more to fear from each other than from

correctional officers.

Maintaining Morality in Prison

• Correctional officers report that they experience a great

deal of stress and stress-related illnesses

– hypertension

– alcoholism

– divorce

• Maintaining morality in a coercive environment is no

easy task

• Need for a strong moral and ethical code

Jail Officers

• In many respects, local jail officers have more difficult

responsibilities than state prison officers.

• Jail population is transitory and often unstable.

• Offenders may come into jail intoxicated, suffer from

undiagnosed diseases or psychiatric conditions, or be

suicidal.

• The constant activity and chaotic environment of a jail

often create unique ethical dilemmas.

• Jail officers tend to deal with all troublesome behavior

as a discipline issue.

Treatment Staff

• The professional goal of all treatment specialists is to help

the client.

• This goal may be fundamentally inconsistent with the

punitive prison/jail environment.

• A dilemma of treatment programs is deciding who is to

participate.

• Psychiatrists in corrections may feel they are being used

more for social control than treatment.

• The most prevalent issue is how to maintain one’s

commitment to a helping profession while being in an

environment that does not value the goals and mission of

treatment.

Community Corrections

• Has a more positive and helpful image than institutional

corrections

• Ethical dilemmas for probation and parole officers

revolve around promoting rehabilitation for the client

and security for the community.

Caseload Supervision

• Discretion exists not only at the recommendation-to-

release stage but also throughout supervision.

• Decision to file a violation report and make a

recommendation.

• Personal relationships of any type–romantic, platonic,

or financial—are simply not appropriate.

Parole Officers

• Supervision of parole officers is stronger than probation

officers. The parole officer usually manages a caseload

of older and seasoned offenders.

– Two thirds of released inmates were rearrested within

three years.

– Studies indicate that the rate of recidivism is worse than

it was 20 years ago.

– Men, blacks, and young people are the most likely to

recidivate.

– Those who participate in property crimes are most likely

to return to criminal behavior.

Halfway Houses

• The ethical issues concerning halfway houses are a

combination of those that confront institutional corrections

and those seen in community corrections.

• Halfway houses can be large institutions and staff may

begin to feel like correctional officers.

• Halfway house staff members look to balance the rights of

offenders against the safety concerns of the community.

• Probation, parole, and halfway houses have seen their

numbers rise.

• Halfway houses are less expensive than prisons.

• Privatization is problematic because profit motives are

always present.

Discussion Questions

1. Your distant cousin’s husband has just become an

inmate in the prison where you work. Could you

maintain a strictly professional relationship? Do you

think you should have to?

2. As a psychologist working with inmates, which

challenge do you feel would be the hardest to handle?

Why?

3. As a parolee, do you think you’d follow every single

rule in your halfway house? Even the ones that

seemed really unnecessary? Would you tell your PO if

you saw another housemate breaking a minor rule?