Theories in Ethics and Criminal Justice

Introduction

Ethics is designed to help a person behave correctly with other people and follow the standards of morality. It can be applied at the workplace, at home, or in social structure. Ethical theories elaborate on how to improve an organization by integrating moral concepts into a situation. An ethical model is essentially a broad generalization that seeks to define what is socially acceptable. Three major ethical theories may be used in both law enforcement and ordinary life: utilitarianism, formalism, and virtue. Ethical issues are crucial to choices requiring discretion, coercion, and due process, which need incorruptible judgment.

Mill’s theory is based on the principle that actions are correct insofar as they seek to promote happiness. According to this idea, among competing options, one should choose the one that results in maximum overall satisfaction for all parties involved (Banks, 2018). Thus, the distinction between superior cognitive and lower physiological sensations is the first defining aspect of Mill’s utilitarianism.

Individual Explanations

Corruption through individual explanation can be defined as moral behavior that is carried out of a person’s sense of duty, which indicates that the person is doing it in the way he believes it is “the right thing to do.” An example is engaging in business honesty by reporting correct financial accounts even without supervision. People are inherently sensible in a manner that no species on the planet are. They are the only ones that can think, and their capacity to reason necessitates that they are rational and trustworthy. Logic and regularity need them to turn the underlying principles by which they function into universal principles that people should therefore obey (Banks, 2018). In case a person cannot do so, they are irrational and contradictory, as well as unethical since they do not offer other humans the same liberty and standing as the logical human that they claim to be. Morality can be enhanced through appropriate leadership and encouraging people to live by their moral nature.

Organizational Explanation

An organizational approach to corruption involves virtue, which is a moral model that proposes a person’s character attributes instead of the existing regulations. Being honest, impartial or a disciplined person are all characteristics of virtue, especially in an organization. People must grasp and improve their virtues by understanding how they should act in specific situations. Failing to demonstrate moral behavior indicates the need to “hone moral vision” (Braswell et al., 2017). For example, people who know they should maintain excellent physical health yet often do not are examples of virtual conduct. This exemplifies the need to be cognizant of virtue, endurance, and discipline, which must be cultivated (Braswell et al., 2017). People aspiring to be law implementation officers should develop persistence by being in good health and more inclined to perfect that talent while working in criminal justice. However, those who cannot be assertive and discipline their virtual morality cannot meet law enforcement criminal justice. Such incidents can be resolved by denying legal opportunities to disobedient people.

Societal Explanation

Formalism considers law as a separate political institution, determined by legal norms obtained from authoritative sources. This view holds that once legislators create rules, courts adhere to the case’s specifics without respect for societal interests or policymaking. Formalists argue that a judge selects relevant assumptions as a mathematician or scientist, integrates them to supplied data, and methodically derives a verifiable theorem. Judges draw applicable legal concepts from various sources, such as state and federal statutes, legislation, laws, and legal precedent.

Most countries, for instance, have passed laws prohibiting tribunals from proving will that is not confirmed by witnesses. Suppose a jury is offered multiple wills to restitute for the same asset, and at least two people confirm only a single will. In that case, the tribunal can swiftly conclude the legally correct inference in a normative manner. Every will ratified by no more than two witnesses has no practical obligation, and only a will fulfilled in accordance with the following statutory criteria can be approved.

Formalists frequently use inductive reasoning to resolve legal conflicts. While deductive reasoning entails using fundamental principles to produce a particular rule when implemented in the circumstances of a case, the inductive approach begins with a set of specific rules. Thus, it insinuates a more extensive constitutional doctrine from them that may be used for similar legal issues in the future (Braswell et al., 2017). When most people picture how a judge makes decisions, they usually think of “legal formalism.” Overall, legal formalism strives to uphold what the law states instead of what it might or should say. This legal doctrine holds that the legislation is a collection of laws and standards existing independently of other sociopolitical organizations.

An understanding of ethics is essential in all choices that arise from ethical problems. Ethics is concerned with social norms; it defines how a person should behave, and the criteria for such standards or behavioral patterns in different cultures vary. When addressing issues of relativities, a worldview that stresses moral diversity is optimal. From the perspective of theology and natural law, ethical norms have a significant impact on human behavior. Ethical behavior is essential for criminal justice practitioners, and it is necessary for the correct functioning of the criminal justice process.

References

Banks, C. (2018). Criminal justice ethics: Theory and practice. Sage Publications.

Braswell, M. C., McCarthy, B. R., & McCarthy, B. J. (2017). Justice, crime, and ethics. Taylor & Francis.

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