Discretion, Community, and Correctional Ethics


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2. Attorney Behavior

Researchers uncovered 40 ethically dubious experiments by combing through medical journals and news reports from that time frame. Discuss the Tuskeegee Syphilis study allowing individuals to deteriorate as a result of syphilis, even though there were medications that could have saved them. Write violation reports. Part-time employment. The Passive Time Server: Officers do not perform assigned duties. He forced one victim to have sexual intercourse with him during a home visit, as part of his official duties.

At the time of the assault, he was wearing his badge and carrying his government-issued firearm, and the victim was not able to escape. The victims were afraid that no one would believe them and that Walker, as their probation officer, had the power to have them incarcerated or otherwise punished.

Audrey J. Bomse (Contributor of Discretion, Community, and Correctional Ethics)

Sentenced to 10 years in prison, followed by 5 years of supervised release. Walker will also have to register as a sex offender under the federal Sex Offender Registration and Notification Act. Mark John Walker Oregon Read article - Class discussion — How many times do you think Walker acted as a sexual predator before he was caught? How important is a thorough background for individuals in the criminal justice arena? Walker pled guilty to both civil rights violations, as well as sexual abuse charges.

The parole officer usually manages a caseload of older and seasoned offenders.

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Studies indicate that the rate of recidivism is worse than it was twenty 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. Code of Medical Ethics In every aspect of life, there are certain laws and legal responsibilities formulated to protect you and society. Sometimes it takes coming. Community Corrections. In the Community. Community Corrections Continues after incarceration And it deals with split sentences. Chapter 40 Rehabilitation. Objectives Identify the major factors that affect criminal behavior Explain the role of correctional treatment programs in.

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Ethical Frameworks for Corrections

Auth with social network: Registration Forgot your password? The rules themselves are usually the result of discretion by other actors in the criminal justice system, such as the legislature, which has created the criminal code for the jurisdiction. However, even the most detailed rules allow for discretion, and it is possible that this discretion will allow actors subject to the rules to countermand or contradict the rules.

The best example of this type of contradiction comes in the case of mandatory sentences, where legislative intent is frequently averted through the use of prosecutorial discretion. In the case of sentencing, disparity involves the application of different punishments to cases that appear to be identical on the merits, or alternatively, the application of same punishment to cases that appear different. It is common to focus on disparity along a particular dimension, such as race. Disparity in this framework takes on a different meaning, and refers instead to the fact that individuals with a given characteristic are over- or under- represented in the criminal justice system relative to their representation either in the population or in the commission of a type of crime.

Racial disparity is further decomposed into two types: warranted or unwarranted.


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Warranted disparity is the variation in outcomes due to legally relevant factors such as criminal history, crime type, and crime severity, which are correlated with race. Unwarranted disparity is the variation in outcomes that can be reasonably identified as being the sole result of race or other extralegal factors e. This framework crystallizes the importance of rules in the empirical analysis of discretion.

For both of these reasons, any discussion of discretion must start from a review of the goals of the system and an understanding of how these goals are reflected in the formal rules of a system with many moving parts. In their account of the American Bar Foundation survey of — Ohlin and Remington , Editors Lloyd Ohlin and Frank Remington highlight the central importance of discretion in the functioning of the criminal justice system CJS.

They describe the CJS as a complicated set of interdependent actors who act on cases involving individuals accused of crimes. Samuel Walker adds that the term system is perhaps misleading, because the police, courts, and corrections are largely independent of one another, although the actions of each set of actors clearly have an impact on the others.

For example, while judges can exercise discretion only in cases involving arrested offenders that prosecutors charge with crimes, sentencing policies and practices influence the actions of police and prosecutors. Because of the salience of sentencing policy to the exercise of discretion generally, sentencing policy warrants treatment as a driver of discretion. Two other classics on discretion are also included here: First, Dworkin treatment of the subject, which distinguishes between the routine exercise of discretion and the more controversial use of discretion to alter policies viewed as misguided; and second, Gottfredson and Gottfredson , a book on discretion, which offers a thoughtful account of the essential aspects of discretion and how it can be used effectively to improve the functioning of the criminal justice system.

Dworkin, Ronald. Taking rights seriously.

Code of Ethics and Professional Conduct

Cambridge, MA: Harvard Univ. This book is a legal-theory classic on discretion. It distinguishes discretion from ordinary personal decision making, not accountable to a set of standards or a higher authority p. Some argue that despite the problems facing the practice of incarceration as punishment, a professional ethic for prison officers and staff can be constructed and implemented. Others, however, despair of imprisonment and even punishment, and reach instead for alternative ways of healing the personal and communal breaches constituted by crime.

The result is a provocative contribution to practical and professional ethics. In this book, John Kleinig and Margaret Leland Smith, two well-known and insightful thinkers in the criminal justice ethics field, offer readers an exciting look at cutting-edge issues in correctional ethics. Contributions to this edited volume are first-rate and highlight the moral dilemmas faced by society, correctional personnel at all levels, and by those who are sentenced under American criminal law today.

This excellent book misses nothing; with topics ranging from a discussion of whether a workable correctional ethics is even possible, to a consideration of moral issues involving gender and race. Questions and qualms about the moral justification of incarceration and about the very possibility of 'correctional ethics' are raised from the start and provide the continuing backdrop against which specific issues—health care behind bars, sexual exploitation of female prisoners, staff-management relations, and others—are discussed in intelligent and illuminating ways.

Discretion, Community, and Correctional Ethics Discretion, Community, and Correctional Ethics
Discretion, Community, and Correctional Ethics Discretion, Community, and Correctional Ethics
Discretion, Community, and Correctional Ethics Discretion, Community, and Correctional Ethics
Discretion, Community, and Correctional Ethics Discretion, Community, and Correctional Ethics
Discretion, Community, and Correctional Ethics Discretion, Community, and Correctional Ethics

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