CJ 230 Mod 2-2 Journal
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Southern New Hampshire University *
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Philosophy
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Feb 20, 2024
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CJ 230 2-2 JOURNAL
According to Pollock (2018), authority is the absolute right to command that arises from occupying a certain position, power is the ability inherent in a position to use any methods to overcome opposition, and integrity is the consistency in public and private life based on virtues of justice, moderation, bravery, kindness, truthfulness, endurance, and self-respect.
Integrity: This refers to the adherence to moral and ethical principles. In the context of criminal justice, it means upholding the law and treating all individuals fairly and without bias. Authority: This is the power or right to give orders, make decisions, and enforce obedience. In criminal justice, it is the power vested in law enforcement officers, judges, and other officials to carry out their duties. Discretionary Power: This is the ability to make decisions based on one's judgment. In criminal justice, it refers to the power of officials to decide on the course of action in a particular situation.
Comparison and Connection
While all three concepts are distinct, they are interconnected in the realm of criminal justice. Integrity is the moral compass guiding the use of authority and discretionary power. Authority provides the legal basis for action, while discretionary power allows for flexibility in decision-making. However, the misuse of authority and discretionary power can lead to corruption and injustice, hence the need for integrity. “The two judges pleaded guilty to tax evasion and wire fraud in a scheme that involved sending thousands of juveniles to two private detention centers in exchange for $2.6 million in kickbacks” (Urbina, 2009, para. 5).
Roles in Criminal Justice: Adult Defendant
Integrity: Ensures fair treatment of the defendant, adherence to the law, and unbiased decision-making. Authority: Enables officials to arrest, charge, try, and sentence the defendant. Discretionary Power: Allows for flexibility in decision-making, such as plea bargaining, sentencing, and parole decisions.
Roles in Criminal Justice: Juvenile Defendant
Integrity: Ensures the child's rights are protected, and decisions are made in the best interest of the child. Authority: Enables officials to take the child into
custody, decide on the course of action, and implement rehabilitation programs. Discretionary Power: Allows for decisions that consider the child's age, maturity, and circumstances, such as diversion programs and alternative sentencing. It allows for Judges to have leniency when giving a
sentence to a juvenile while keeping the focus on helping them to rehabilitate the juvenile.
Differences in Roles: Adult vs. Juvenile Defendant
While all three concepts play vital roles in both instances, the emphasis may vary. For adult defendants, the focus is often on punishment and deterrence, hence the significant role of authority. For juvenile defendants, the focus is on rehabilitation and prevention, hence the importance of discretionary power. The changes occur due to the different goals of adult and juvenile justice systems. The adult system aims to punish and deter crime, while the juvenile system aims to rehabilitate and prevent future criminal behavior. This difference in objectives necessitates a different approach in the use of integrity, authority, and discretionary power.
References:
Pollock, J. M. (2018, January 1). Ethical Dilemmas and Decisions in Criminal Justice, 10th edition. Cengage Learning. https://bookshelf.vitalsource.com/books
Urbina, I. (2009, Mar 28). Despite Red Flags About Judges, A Kickback Scheme Flourished: [National Desk]. New York Times
Urbina, I. (2009, Mar 28). Despite Red Flags About Judges, A Kickback Scheme Flourished: [National Desk]. New York Times
Urbina, I. (2009, Mar 28). Despite
Red Flags About Judges, A Kickback Scheme
Flourished: [National Desk]. New York Times
Urbina, I. (2009, Mar 28). Despite Red Flags About Judges, A Kickback Scheme Flourished: [National Desk]. New York Times
Urbina, I. (2009, Mar 28). Despite Red Flags About Judges, A Kickback Scheme Flourished: [National Desk]. New York Times
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