Moral Issues In Penology

Moral Issues in Jurisprudence The Bill of Rights “No right is held more sacred, or is more carefully guarded, by the common law, than the right of the individual to the possession and control of his own person, free from all restraint or interference from others, unless by clear and unquestionable authority of law.”

Moral Issues in Penology “Every resolution to an ethical dilemma must consider the act, the intention, the circumstance, the principles, the beliefs, the outcomes, the virtues, the narrative, the community, and political structures.” Robert Nash Argument for discretion at all levels of the CJ system

Moral Issues in Penology Professional Demands These demands are often the same but occasionally differ from expectations for any decent human being.

Moral Issues in Penology Professional Demands Public Official Ethics Perform duties impartially and with due diligence Professional integrity reflects on public confidence in the individual in particular and in the state generally

Moral Issues in Penology Professional Demands Public Official Ethics Refrain from inappropriate political activity It is expected that public officials not be influenced by a political favoritism

Moral Issues in Penology Professional Demands Public Official Ethics The obligation to act impartially imposes a duty to make decisions based on the law and the facts and not be influenced by any other factors.

Moral Issues in Penology Professional Demands Public Official Ethics Avoid impropriety and its appearance Personal affairs are considered relevant in in evaluating integrity of public officials

Moral Issues in Penology Trust requires trustworthiness. – Public Officials – Doctors – Police – Judges, Prosecutors and Defense Attorneys – Students and Teachers

Moral Issues in Penology Consequentialist Theory: Utilitarianism – Utilitarians argue that: 1. Other moral considerations such as duty, rights and justice are subordinated to, and their content determined by, the principle of utility. 2. What is just is producing greatest utility. 3. As circumstances change, consequences change, and so do our duties, rights and requirements of justice.

Moral Issues in Penology Implications of Utilitarianism 1. Act Utilitarian Choose actions based on greatest balance of pleasure over pain 2. Rule Utilitarian Acts are permissible if they are not prohibited by the best set of rules.

Moral Issues in Penology Criticisms of Utilitarianism 1. Act Utilitarian -- Injustice It is unjust to punish someone for something they did not do regardless of other beneficial consequences. 2. Rule Utilitarian -- Limited Exceptions It does not distinguish between morally obligatory acts and superogatory acts.

Moral Issues in Penology Communitarianism Theory Morality is defined by ideals that define and hold groups together.

Moral Issues in Penology Implications of Communitarianism 1. Groups establish their own norms. 2. Morality becomes equivalent to group endorsement.

Moral Issues in Penology Criticisms of Communitarianism 1. Groups norms differ. 2. Some group norms, such as racial or sexual discrimination, are wrong.

Moral Issues in Penology Deontological Ethics Morality involves more than only producing good consequences. Morally right actions are done because we have a duty to do them.

Moral Issues in Penology Implications of Deontological Ethics 1. Morality is not determined by the consequences of an action. 2. Morality is determined by the test that the act would be acceptable in determining universal law. 3. Actions that do not treat others with respect, but rather uses them as a means to an end, are wrong.

Moral Issues in Penology Criticisms of Deontological Ethics 1. It is complex and abstract. 2. It does not resolve what is agreed to as acceptable to all people.

Moral Issues in Penology Virtue Ethics Morality is determined by individual goodness rather than goodness of rules or goals.

Moral Issues in Penology Implications of Virtue Ethics Right actions are determined only on the basis of their being “right.”

Moral Issues in Penology Criticisms of Virtue Ethics 1. It is simplistic and complex at the same time. 2. It does not provide much help in deciding between moral dilemmas.

Moral Issues in Penology Contractarianism People agree to social contracts. This is also a basis for examining morality.

Moral Issues in Penology Implications of Contractarianism 1. Contract determine obligations. 2. The obligations are binding when parties to the contract fulfill their obligations. 3. Does not allow sacrifice of the few for the good of the many. 4. Emphasizes concrete benefits

Moral Issues in Penology Criticisms of Contractarianism 1. Implied contracts exist as a result of membership in the state. 2. Majority rules in most instances. 3. Some individual freedoms are sacrificed.

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