Ethical Issues Paper

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Ethical Issues Paper A Critical Examination of Prison Reform in the Criminal Justice System Lauren Rush College of Humanities and Social Science; Grand Canyon University COM-333: Communication Ethics Professor Angela Oleson December 17, 2023

Rush 1 Introduction There are many ethical difficulties in the complex web of the criminal justice system, which casts doubt on the pursuit of justice and the overall well-being of society. One area of particular concern is prison reform, where the fine line between rehabilitation and punishment verges on immorality. “Codes of ethics serve to clarify the duties of public servants working in corrections, which include helping to guarantee social justice at their institutions” (Garth-James, K. 2022).The moral labyrinth includes problems like overcrowding in facilities, cruel living circumstances, and the institutional inability to deal with the underlying causes of criminal conduct. Although punishment is a social reaction to illegal behavior, its moral ramifications are heightened when jails function as havens for new offenses rather than as places of rehabilitation. The urgent need for ethical reflection within the criminal justice system is explored in this essay, which also highlights the vital role that prison reform plays in promoting a society that is fair and tolerant. We shed light on the way towards a more compassionate approach to rehabilitation by examining the moral implications of punitive tactics. Studying the relationship between ethics and prison reform is crucial because it reveals the moral need to address systemic flaws and help the prisoners move toward rehabilitation. While engaging in this conversation, we also traverse the moral boundaries that, when appropriately addressed, can lead society toward a criminal justice system that is not merely punitive but also essentially just and humane. Current Issue: Overcrowding and Inhumane Conditions The widespread problem of prison overcrowding creates serious ethical issues that have an impact on the entire criminal justice system. “Prisons are inherently and deeply problematic and efforts at reform typically further embed precisely that from which we wish to free ourselves” (Brown, M. 2021). When the number of prisoners exceeds the capacity of correctional

Rush 2 facilities, a basic problem arises and a number of ethical conundrums arise. Overcrowding in prisons puts a burden on resources and restricts access to basic services like mental health counseling, education, and medical attention. The moral foundation of the criminal justice system is put in jeopardy by this compromise in the provision of fundamental necessities, which violates the humane treatment due to each individual. Overcrowding has a significant impact on prisoners' chances of rehabilitation and overall well-being. Congestion-prone areas are known to be violent, which leads to mental health issues and lowers the likelihood of recovery. When punitive techniques clash with the goal to achieve meaningful societal reintegration, ethical quandaries arise. The issue emerges when overcrowding and unwelcoming conditions in correctional institutions serve as breeding grounds for the continuation of criminal behavior. The necessity of improving jail conditions is highlighted by current crises and events. The catastrophic effects of unregulated overcrowding are brought to light by high-profile episodes, which can range from illness outbreaks to acts of extreme violence. These occurrences require a reevaluation of our commitment to the humane treatment of persons involved in the criminal justice system, acting as ethical wake-up calls. To tackle these issues, society has to face the moral requirement of making sure that punitive actions respect the fundamental rights of those incarcerated while also upholding their intrinsic dignity. Importance of Ethical Considerations in Prison Reform Given that they embody the core ideals of justice, compassion, and a recognition of every human being's inherent dignity, ethical problems in prison reform are critical. Moral prison reform is based on the necessity to treat offenders with respect and dignity. Respecting people's inherent worth is a moral imperative, regardless of their transgressions. The purpose of ethical

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Rush 3 prison reform is to eradicate dehumanizing behaviors, with the notion that a prisoner's freedom should not be equated with a denial of their basic human rights. In addition to being morally required, humane imprisonment conditions are essential for effective rehabilitation. The relationship between moral care and recovery emphasizes how settings that promote respect for self and others, mental health services, and learning opportunities, and educational possibilities all assist a person's potential for growth and development. Beyond harsh punishment, the ethical component recognizes the possibility of atonement and rehabilitation in society. Maintaining society's norms and values requires enforcing ethical jail reform. The way a society treats its most vulnerable individuals affects its justice, and prisoners are one group that requires ethical consideration. By prioritizing rehabilitation above punitive measures, society demonstrates its commitment to justice, empathy, and the transformative power of second chances. The greater social goal of building a legal system that not only deters crime but also embodies the moral norms of a caring and educated community is compatible with ethical prison reform. Arguing for Comprehensive Prison Reform Promoting a shift in mindset away from harsh punishments and toward rehabilitative alternatives is essential to the cause of comprehensive prison reform. The stance emphasizes how morally necessary it is to view prisoners as subjects who have the potential to be saved rather than as objects of punishment. The ethical foundation of this argument is formed by primary sources and scholarly research, which demonstrate the negative effects of excessively punishing measures on recidivism rates and the long-term well-being of prisoners. Academic works by

Rush 4 psychologists and criminologists frequently emphasize how effective restorative tactics, such mental health counseling and education, are at promoting constructive behavioral change. Gaining support for this transformative program requires highlighting the advantages that ethical and humane prison reform brings to society. Comprehensive prison reform that puts an emphasis on rehabilitation not only lowers recidivism rates but also conforms to the fairness and compassion norms of society. The argument goes beyond the prison gates, highlighting how effective rehabilitation makes it easier for people to reintegrate into society as law-abiding, contributing members of society. This strategy, which is based on moral considerations, breaks the cycle of incarceration, lightens the load on the criminal justice system, and eventually promotes a society that is safer and more just. “Criminal justice policies have always been morally justified on the basis of their alleged role in achieving a variety of legitimate societal goals” (Weill, J., & Haney, C. 2017). When research and ethics are combined, comprehensive prison reform becomes not simply a progressive idea but also an ethical requirement for a society that upholds the values of justice. Ethical Support: Human Dignity and Rehabilitation Philosophical principles such as the Golden Rule and Kantian ethics can provide moral justification for compassionate prisoner treatment and a focus on rehabilitation. According to Kantian ethics, prisoners must be treated with dignity since they are ends in and of themselves, not just means to an end. When extreme limits are imposed solely for punitive purposes, regardless of a person's wrongdoings, the principle of valuing people as independent moral beings is breached. “The standard account of moral weakness in Kant locates that weakness in an insufficient resolve to carry out the commands of the moral law” (Hildebrand, C. 2023). Kantian ethics emphasizes the moral imperative to treat people with intrinsic dignity and respect, which

Rush 5 is consistent with the main tenets of Kantian moral theory. It advocates for criminal justice reform that emphasizes rehabilitation and honors the inherent worth of all humans. The Golden Rule, which demands us to treat others as we would like to be treated, reinforces the ethical foundation even more. When applied to the field of incarceration, this concept emphasizes the moral need to establish circumstances that support rehabilitation, recognizing the possibility of both individual and social progress. Looking at the association between rehabilitation, humane treatment, and decreased recidivism rates strengthens the ethical case even more. Reoffending rates are typically lower in institutions that emphasize rehabilitation and dignity, according to studies. This organization reinforces the moral imperative to prioritize humane surroundings, both as a reflection of societal values and as a practical means of supporting good change and lowering the risk of criminal conduct persisting. Fundamentally, moral advocacy for human dignity and rehabilitation establishes a logical foundation that combines theoretical principles with real-world applications for a more compassionate and just society. Addressing Counter Arguments: Retribution and Public Safety Examining the moral justifications for punishing behavior is essential when responding to arguments against restorative alternatives. Retribution is based on the idea of fair deserts, which holds that the seriousness of the offense committed should determine the appropriateness of the penalty. Although this point of view is acknowledged, moral dilemmas occur when vengeance takes precedence over the chance for recovery, possibly extending a criminal cycle without addressing its underlying causes. The ethical requirement of promoting good change in offenders may be compromised by punitive measures, which are frequently motivated by social desires for vengeance. This creates

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Rush 6 a contradiction between rehabilitation and retribution. The criminal justice system upholds human dignity by prioritizing rehabilitation, which highlights the possibility of individual development and reintegration into society. Evidence of the efficiency of restorative measures is required to counter the claim that vengeance guarantees public safety. A wealth of evidence shows that supporting rehabilitation enhances public safety by addressing the underlying reasons of criminal behavior and lowers recidivism rates. By changing the focus to rehabilitation, the criminal justice system is in accordance with realistic approaches that promote a safer and more peaceful society while also respecting ethical norms. The Role of Rehabilitation in Ethical Prison Reform Prioritizing rehabilitation, especially through educational and vocational programs, emerges as a keystone for positive transformation in the field of ethical prison reform. These initiatives, it may be argued, stand for more than simply a moral commitment to people's innate capacity for change rather than only serving as an alternative to harsh punishment. Prisons become settings that provide offenders with skills and information, addressing the underlying reasons of criminal conduct, by promoting educational and vocational opportunities. Academic studies provide a strong basis for supporting rehabilitation because they demonstrate its beneficial effects on prisoners. “In recent years some researchers have begun to examine how individuals cope with incarceration” (Clear, T. R., & Sumter, M. T. 2002). The increasing emphasis on analyzing how people deal with incarceration is crucial because it illuminates the psychological and societal effects of incarceration. Research continuously demonstrates that having access to education and career training lowers recidivism rates dramatically and helps people reintegrate into society more easily. The recognition of people's

Rush 7 ability to grow personally and make significant contributions to their communities serves as the ethical foundation. Putting money into the rehabilitation of prisoners is not only morally right, but it also benefits society in the long run. Reintegration into society that is successful lowers the risk of recidivism, which relieves pressure on the criminal justice system. Furthermore, it makes people into assets rather than liabilities, which promotes a safer community. Thus, ethical prison reform —which has its roots in rehabilitation—becomes a proactive and socially conscious strategy that upholds the dignity of those who are incarcerated while also promoting the peace and well-being of society as a whole. Conclusion In conclusion, the moral difficulties associated with prison reform highlight how urgent it is to fix structural flaws in order to create a society that is more just and compassionate. A major reform is necessary due to the combination of overcrowding and harsh conditions, the ethical duty to treat convicts with dignity, and the tension between retribution and rehabilitation. The case for putting rehabilitation measures ahead of punitive measures is compelling since it is based on ideas like the Golden Rule and Kantian ethics and is a compassionate and practical answer. Adopting ethical principles is a practical move as well as a moral duty. By funding vocational and educational initiatives, we enable prisoners to successfully reintegrate back into society, thereby lowering recidivism and improving public safety. This essay reiterates the demand for revolutionary jail reform and exhorts society and legislators to acknowledge each person's capacity for self-improvement. By incorporating ethics into the reform of the criminal

Rush 8 justice system, we ensure a more humane, equitable, and peaceful society by creating a system that not only punishes but also rehabilitates.

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Rush 9 References Brown, M. (2021). Truth and Method in Southern Criminology. Critical Criminology , 29 (3), 451–467. https://doi-org.lopes.idm.oclc.org/10.1007/s10612-021-09588-8 Clear, T. R., & Sumter, M. T. (2002). Prisoners, Prison, and Religion: Religion and Adjustment to Prison. Journal of Offender Rehabilitation , 35 (3/4), 125. https://doi- org.lopes.idm.oclc.org/10.1300/J076v35n03_07 Garth-James, K. (2022). Ethical Considerations and Reimaging State Corrections: Education and Work Partnerships for Offenders Return to Home and Community. International Journal on Social and Education Sciences , 4 (1), 1–16. Gilliard, D. D. (2018). Rethinking incarceration: Advocating for justice that restores . Ivp Books. Hildebrand, C. (2023). Kant’s Character-Based Account of Moral Weakness and Strength. Philosophia , 51 (2), 717–741. https://doi-org.lopes.idm.oclc.org/10.1007/s11406-022- 00567-z Weill, J., & Haney, C. (2017). Mechanisms of moral disengagement and prisoner abuse. Analyses of Social Issues and Public Policy (ASAP) , 17 (1), 286–318. https://doi- org.lopes.idm.oclc.org/10.1111/asap.12142

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