exam #2

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Los Angeles Pierce College *

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Philosophy

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Apr 3, 2024

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Uploaded by BaronKouprey13836

1. What ethics concepts guide the role and meaning of discretion in policing A police o ﬃ cer has the authority to choose between two or more choices that will impact them and the community. In order for a police o ﬃ cer to make ethical decisions that will benefit society they need to be abided to their social contract , if this social contract that will give them power is their base to enforce the law, then this is also basis of their ethical concepts. These ethical standards include fair access, public trust, safety, security, teamwork and objectivity. A police o ﬃ cer that holds these ethicals standards will result in the product of a policing department that will have these elements of policing, responsiveness, accountability, defense of human rights and transparency. A police code of ethics can also help police guide their role in deciding what an ethical discretion decision they can make. Fairness is used in this ethical code of conduct for police in which the o ﬃ cer has to uphold the law regardless of a person’s identity and not single out people. The idea that they are a service to the community and help all kinds of people with their problems. They also have to understand the importance of law and that they need to uphold the Constitutional law by not just enforcing it ,but also following the law themselves. They have to know that they are not above the law and that their behavior will be more required to be at a higher ethical standard than other normal civilians. 2. What are the ethical concepts involved in the police use of force? When a police o ﬃ cer is involved in use of force they have to remember to stay within their limits and not exceed force. Using excessive force can result in an unethical use of their power and discretion. When an o ﬃ cer uses excessive force they violate their duty to protect and serve thus violating an ethical standard that requires them to not use their power to oppress the community. Another ethical concept violated would be public trust and fairness, according to our text book excessive force is more likely to be used on minority groups as a form of racial profiling and racism. If an o ﬃ cer has

violated their power in a form of discrimination then they violated an ethical concept of equality and defense for all human rights. 3. What ethical systems are violated in the economic corruption of police? In economic corruption police o ﬃ cers use the authority they have to gain unfair benefits. These benefits can be monetary or in material things. When o ﬃ cers abuse their power for money they violate the ethics of virtue, these o ﬃ cers don’t posses virtues of trust, honesty, and proper ambition. An o ﬃ cer who uses their power for corruption violates the idea of what Aristotle’s Six Pilar of Character of virtues that include a police you can trust, respect, is responsible, fair, care and citizenship. Another ethical system that a corrupted police o ﬃ cer violates is religious ethics. Doing good is God’s will and purpose for us ,but when we violate that it goes against God thus making the action evil. A corrupted o ﬃ cer who takes bribes or cheats on how much overtime they make to get paid more can be seen as stealing from others. Stealing from your neighbor is a condemn act for religious believers that has upheld in our society for centuries. Ethical formalism is also an ethical system that is violated by corrupted police o ﬃ cers. The actions of police when asking for bribes for protection or o ﬃ cers using their authority to distribute drugs themselves are not intended to be good actions. These actions are made premeditated knowing that they shouldn’t do certain things but decide too anyway. They will also violate ethics of care ,because they don’t meet the interests of others. They see what will benefit them not caring if it harms another citizen financially. If the o ﬃ cer would care they would protect the people and asking for nothing in return ,but corrupted o ﬃ cers do the opposite and ask for money in return for their services to gain unfair benefits. 4. Why is there an ethical controversy in the legal and moral role of attorneys?

There is controversy between legal and moral role of attorneys, because there are di ff erent believes within the justice system as to how a lawyer should conduct themselves with a client. The legal agent idea beliefs that a lawyer is only a legal tool and is not there their duty to change the bad objectives of a client. They believe that they have to be loyal to their clients and that their actions shouldn’t be considered moral or immoral. A moral agent model of attorney believes that their moral code should be a factor in defending a client. That they will defend a client without compromising their moral believes and also guiding their client to that same moral decision. They believe that one cannot be virtues when a defending a client with evil intentions. 5. What are the ethical issues faced by: defense attorneys, prosecutors, and judges? An ethical issues that defense attorneys face can be that they have the duty to defend a client whether they believe they are guilty or not. Attorneys have to make sure that they don’t fall under conflict of interest, meaning that they cannot defend two clients who have opposing interest. Defense attorneys must have a zealous attitude and defense towards the clients case and maintain a good relationship with opposing attorneys. Defense attorneys also have to have confidentiality towards their client even when it harms third parties. Ethical issues that prosecutors face are in the use of discretion. They decide who to charge and what charges that they will be looking towards a person. They have to also to determine the use of plea bargains in which they will decide how much to charge a person for their crime. They also face the ethical issue of how much information they are going to give to the media in the cases they are involved in. They face the issue of how they will use expert witnesses and make sure that the expert talking does not lie and make bias claims. They also have to make zealous prosecutions in order to seek justice and not just win a case. Some prosectors may try to break the rules in order to win a case. Ethical issues judges face is the use of discretion they have when it comes to convicting or sentencing a person. A judge cannot be bias towards a case that may

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result in the e ff ect on their decision. A judge cannot have a financial, social , or emotional interest in a case . Judges also have the power to how they will interpret the law and rules of the criminal justice system thus making it a ethical problem if the judge doesn’t have moral values that can be used to fairly sentence a person.

exam #2

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