POLICE ETHICS – Abstract Mark Lauchs -/- Police are an essential part of the justice system. They are the frontline actors in keeping the peace, social stability and cohesion. Thus good governance relies on honest policing. However, there will always be at least a small group of corrupt police officers, even though Australians are culturally averse to corruption (Khatri, Tsang, & Begley, 2006). There have been many cases where the allegations of police corruption have reached to the highest levels of (...) a state police force (Blanch, 1982) and, in the case of the Fitzgerald Inquiry (Fitzgerald, 1989), ended in a commissioner being convicted of corruption. -/- Any public official who places their own interests before those of the public have corrupted a system in which they are supposed to act as agents of the public, will undermine the good governance of a society (Lauchs, 2007). Police officers attract offers of corruption because of their ability to enforce or ignore the law. Police who are unethical or in financial stress are vulnerable to offers of illicit payments. Longstanding arrangements of corruption within a police branch can lead to a corruption network between police and criminals. Organised police corruption constitutes “social behaviour, conducted in groups within organisations, that is powerful enough to override the officer’s oath of office, personal conscience, departmental regulations and criminal laws.” (Punch, 2000) it is an even greater threat to the community because the damage done has more impact than the sum of the individual acts of corruption. This chapter will discuss the types of police corruption and focus on the organisation as the source of core police culture. -/- . (shrink)

This book is the most systematic, comprehensive and philosophically sophisticated discussion of police ethics yet published. It offers an in-depth analysis of the ethical values that police, as servants of the community, should uphold as they go about their task. The book considers the foundations and purpose of police authority in broad terms but also tackles specific problems such as accountability, the use of force, deceptive stratagems used to gain information or trap the criminally intentioned, corruption, and the tension between (...) personal values and communal concerns. Offering the fullest, most rigorous and up-to-date treatment of police ethics currently available, this book will be a perfect textbook in courses on applied ethics in philosophy departments or police and criminal justice ethics in departments of criminology and law schools. (shrink)

Ideal for anyone involved in the study of criminal justice, this book acquaints students with the philosophical concepts upon which ethical theory is based. It applies these ideas to specific issues and dilemmas within the criminal justice system. Its ultimate goal is to acquaint students with basic concepts of ethics in criminal justice and to train the mind to solve moral issues independently. The Ethical Foundations of Criminal Justice offers a comprehensive definition of ethics, and elucidates its unique language and (...) logic. The book explores the major ethical theories, with extensive discussion of authorities like Kant, Aristotle, Mill, and Hobbes. Chapters investigate normative ethics, teleological theories, deontological theories, and the alternative theories of ethics. The author exhibits the practice of these theories in actual matters of rights, the law, and the behavior of the courts. This book addresses ethics in the context of civil liability, police corruption, and abuse of police power, and includes numerous case studies and references to other relevant works. Criminal justice majors, criminology and law school students, and even police academy cadets will find this text an invaluable source of information both for academic studies and real-world applications. (shrink)

_Investigative Ethics: Ethics for Police Detectives and Criminal Investigators_ presents applied philosophical analyses of the ethical issues that arise for police detectives and other investigators in contemporary society. Explores ethical issues relating to investigative independence, rights of victims and suspects, use of informants, entrapment, privacy and surveillance, undercover operations, deception, and suspect interviewing Represents the first monograph providing a detailed consideration of ethical issues in police investigations Features authorship by an applied philosopher specializing in police ethics, and a former UK (...) senior police officer Combined authorship ensures the text is anchored in actual police practice as well as providing high quality ethical analysis. (shrink)

(2006). Ethics in Policing: Performance and the Personalisation of Accountability in British Policing and Criminal Justice. Legal Ethics: Vol. 9, No. 1, pp. 16-34.

Policing is a highly pragmatic occupation. It is designed to achieve the important social ends of peacekeeping and public safety, and is empowered to do so using means that are ordinarily seen as problematic; that is, the use of force, deception, and invasions of privacy, along with considerable discretion. It is often suggested that the ends of policing justify the use of otherwise problematic means, but do they? This book explores this question from a philosophical perspective. The relationship between ends (...) and means has a long and contested history both in moral/practical reasoning and public policy. Looking at this history through the lens of policing, criminal justice philosopher John Kleinig explores the dialectic of ends and means and offers a new, sharpened perspective on police ethics. After tracing the various ways in which ends and means may be construed, the book surveys a series of increasingly concrete issues, focusing especially on those that arise in policing contexts. The competing moral demands made by ends and means culminate in considerations of noble cause corruption, dirty hands theory, lesser degradations, and finally, those means deemed impermissible by the majority in Western culture, such as torture. nstrued, the book surveys a series of increasingly concrete issues, focusing especially on those that arise in policing contexts. The competing moral demands made by ends and means culminate in considerations of noble cause corruption, dirty hands theory, lesser degradations, and finally, those means deemed impermissible by the majority in Western culture, such as torture. (shrink)

High levels of police corruption have been a persistent historical tendency in police services throughout the world. While the general area of concern in this book is with police corruption and anti-corruption, the focus is on certain key philosophical and ethical issues that arise for police organisations confronting corruption. On the normative account proffered in this book the principal institutional purpose of policing is the protection of legally enshrined moral rights and the principal institutional anti-corruption arrangement is what is referred (...) to as an integrity system. The latter includes oversight bodies with investigative powers and internal affairs departments as well as specific devices such as early warning indicators, professional reporting mechanisms and integrity tests. Key concepts analysed in the book include corruption, noble cause corruption and collective moral responsibility. The key ethical issues analysed include investigative independence, professional reporting, covert operations and integrity tests. (shrink)

In this paper my concern is with the collective moral responsibility of criminal investigators for the outcomes of their investigations, bearing in mind that it is important to distinguish collective moral responsibility from, and relate it to, individual moral responsibility. In what sense, if any, are police detectives individually and collectively morally responsible for their success (or, for that matter, their failure) in gathering sufficient evidence to identify, arrest, and charge an offender who has committed a serious crime? Alternatively, in (...) what sense are they morally responsible in cases where they identify, arrest, and charge an innocent person? And in what sense, if any, are police detectives individually and collectively morally responsible for the ultimate outcome of the trial, the finding by the courts of someone they have investigated and charged with a serious crime to be guilty or innocent? (shrink)

Corruption involves greed, money, and risky decision-making. We explore the love of money, pay satisfaction, probability of risk, and dishonesty across cultures. Avaricious monetary aspiration breeds unethicality. Prospect theory frames decisions in the gains-losses domain and high-low probability. Pay dissatisfaction (in the losses domain) incites dishonesty in the name of justice at the individual level. The Corruption Perceptions Index, CPI, signals a high-low probability of getting caught for dishonesty at the country level. We theorize that decision-makers adopt avaricious love-of-money aspiration (...) as a lens and frame dishonesty in the gains-losses domain (pay satisfaction-dissatisfaction, Level 1) and high-low probability (CPI, Level 2) to maximize expected utility and ultimate serenity. We challenge the myth: Pay satisfaction mitigates dishonesty across nations consistently. Based on 6500 managers in 32 countries, our cross-level three-dimensional visualization offers the following discoveries. Under high aspiration conditions, pay dissatisfaction excites the highest- (third-highest) avaricious justice-seeking dishonesty in high (medium) CPI nations, supporting the certainty effect. However, pay satisfaction provokes the second-highest avaricious opportunity-seizing dishonesty in low CPI entities, sustaining the possibility effect—maximizing expected utility. Under low aspiration conditions, high pay satisfaction consistently leads to low dishonesty, demonstrating risk aversion—achieving ultimate serenity. We expand prospect theory from a micro and individual-level theory to a cross-level theory of monetary wisdom across 32 nations. We enhance the S-shaped Curve to three 3-D corruption surfaces across three levels of the global economic pyramid, providing novel insights into behavioral economics, business ethics, the environment, and responsibility. (shrink)

This volume considers the ethics of policing and imprisonment, focusing particularly on mass incarceration and police shootings in the United States. The contributors consider the ways in which non-ideal features of the criminal justice system―features such as the prevalence of guns in America, political pressures, considerations of race and gender, and the lived experiences of people in jails and prisons―impinge upon conclusions drawn from more idealized models of punishment and law enforcement. There are a number of common themes running throughout (...) the chapters. One is the contrast between idealism and realism about justice. Another is the attention to harmful consequences, not only of prisons themselves, but to the events that often precede incarceration, including encounters with police and pre-trial detention. A third theme is the legacy of racism in the United States and the role that the criminal justice system plays in perpetuating racial oppression. (shrink)

This textbook looks at the main ethical questions that confront the criminal justice system - legislature, law enforcement, courts, and corrections - and those who work within that system, especially police officers, prosecutors, defence lawyers, judges, juries, and prison officers. John Kleinig sets the issues in the context of a liberal democratic society and its ethical and legislative underpinnings, and illustrates them with a wide and international range of real-life case studies. Topics covered include discretion, capital punishment, terrorism, restorative justice, (...) and re-entry. Kleinig's discussion is both philosophically acute and grounded in institutional realities, and will enable students to engage productively with the ethical questions which they encounter both now and in the future - whether as criminal justice professionals or as reflective citizens. (shrink)

A book combining theories and practice of ethics in the practice of criminal justice.

The killings of Trayvon Martin, Michael Brown, Eric Garner, Tamir Rice, Alton Sterling, Philando Castile, and others have instigated widespread debate concerning the ethics and politics of police behavior toward young black men in America. In this article, I show how Josiah Royce’s philosophy of loyalty provides a useful theoretical framework for diagnosing and working to overcome strained relations between police and black citizens in the United States. I begin by establishing the relevance of Royce’s thought to the realm of (...) police ethics. Then, I argue that Royce’s notion of loyalty to loyalty is a useful and powerful lens through which we can examine the practice of police discretion, particularly as it comes to bear on racial profiling and use of force. I conclude by offering what I regard as Roycean recommendations aimed at ameliorating the fractured relationship between police and blacks in America today. (shrink)

Despite the growing body of work exploring the weaknesses of police performance systems and the displacement of their goals, less attention has been given to why police officers resist and circumvent by false reporting. Whether police report honestly on their activities is a matter of considerable significance given the role that police have in a broadly democratic society, and the overall question is whether the false reporting undermines the integrity of the police or if it is a collective coping strategy (...) that safeguards the police ethos? This survey reveals that 25% of respondents (n = 2248) had manipulated the numbers at least once in the previous year. To identify why they did so, the variables selected for analysis are those determining their view of the Management by Objective (MBO) system, how far they have participated in the MBO process and how often they are unable to assist a member of the public. Our results show that men are more likely to manipulate the numbers than women and non-leaders are more likely to do so than leaders. Respondents were more likely to submit false reports if they had not participated in the MBO process, were not motivated by MBO goals, believed the MBO indicators misdirected their focus and frequently felt that they were forced to reject members of the public they would like to help. Our findings further show that public servants can be corrupted, though they do not “bring” vices to work with them, but rather acquire vices through what is required of them. (shrink)

The enormous financial cost of criminal justice has motivated increased scrutiny and recognition of the need for constructive change, but what of the ethical costs of current practices and policies? Moreover, if we seriously value the principles of liberal democracy then there is no question that the ethics of criminal justice are everybody’s business, concerns for the entire society. _The Routledge Handbook of Criminal Justice Ethics_ brings together international scholars to explore the most significant ethical issues throughout their many areas (...) of expertise, anchoring their discussions in the empirical realities of the issues faced rather than applying moral theory at a distance. Contributions from philosophers, legal scholars, criminologists and psychologists bring a fresh and interdisciplinary approach to the field. The _Handbook _is divided into three parts: Part I addresses the core issues concerning criminal sanction, the moral and political aspects of the justification of punishment, and the relationship between law and morality. Part II examines criminalization and criminal liability, and the assumptions and attitudes shaping those aspects of contemporary criminal justice. Part III evaluates current policies and practices of criminal procedure, exploring the roles of police, prosecutors, judges, and juries and suggesting directions for revising how criminal justice is achieved. Throughout, scholars seek pathways for change and suggest new solutions to address the central concerns of criminal justice ethics. This book is an ideal resource for upper-undergraduate and postgraduate students taking courses in criminal justice ethics, criminology, and criminal justice theory, and also for students of philosophy interested in punishment, law and society, and law and ethics. (shrink)

This paper describes what could be labeled “best practices” in teaching ethics to those entering the criminal justice, criminology and related professional fields. The underlying focus of the discussion is on the “self” and reflects the beliefs of the authors in the pedagogic thesis that ethics awareness begins with individual social actors and their existing world views. Thereafter, self awareness of ethical dilemmas and internal safeguards against unethical behavior are defined by those same individuals. Lastly, the process continues when the (...) social actor gains an internalized, self-generated, accountability for one’s own actions. That self accountability may morph over time, depending on circumstances, but individual social actors remain effectively protected from unethical behavior as they master their own ethical challenges and live within their individualized sense of ethical purpose. To make these arguments the authors describe the background for an effective learning paradigm for the study of ethics that can be used in university level criminal justice courses, criminology classes, and police training sessions. This pedagogic approach is theoretically informed and used in classes designed to teach ethics to criminal justice professionals, criminology students who are entering a variety of professions. (shrink)

Why does institutional police brutality continue so brazenly? Criminologists and other social scientists typically theorize about the causes of such violence, but less attention is given to normative questions regarding the demands of justice. Some philosophers have taken a teleological approach, arguing that social institutions such as the police exist to realize collective ends and goods based upon the idea of collective moral responsibility. Others have approached normative questions in policing from a more explicit social-contract perspective, suggesting that legitimacy is (...) derived by adhering to (limited) authority. This article examines methodologies within political philosophy for analyzing police injustice. The methodological inquiry leads to an account of how justice constrains the police through both special (or positional) moral requirements that officers assume voluntarily, as well as general moral requirements in virtue of a polity’s commitment to moral, political and legal values beyond law enforcement and crime reduction. The upshot is a conception of a police role that is constrained by justice from multiple foundational stances. (shrink)

The killings of Trayvon Martin, Michael Brown, Eric Garner, Tamir Rice, Alton Sterling, Philando Castile, and others have instigated widespread debate concerning the ethics and politics of police behavior toward young black men in America. This article shows how Josiah Royce’s philosophy of loyalty provides a useful theoretical framework for diagnosing and working to overcome strained relations between police and black citizens in the United States. The author begins by establishing the relevance of Royce’s thought to the realm of police (...) ethics. Then, it is argued that Royce’s notion of loyalty to loyalty is a useful and powerful lens through which the practice of police discretion may be examined, particularly as it comes to bear on racial profiling and use of force. The author concludes by offering Roycean recommendations aimed at ameliorating the fractured relationship between police and blacks in America today. (shrink)

Deferred prosecution agreements (DPAs) are legal means, alternative to trial, for the resolution of criminal business cases. Although DPAs are increasingly used in the US and are spreading to other jurisdictions, the ethics of DPAs has hardly been subjected to critical scrutiny. We use a multidisciplinary approach straddling the line between philosophy and law to examine the ethics of DPAs used to resolve cases of multinational enterprises’ (MNEs) foreign corruption. Deontologically, we argue that the normativity of DPAs raises critical concerns (...) related to the notion of justice as punishment, with serious cases of international corruption resolved with minimal retribution for offending MNEs. Taking a utilitarian ethical perspective, we also evaluate the effect of DPAs on MNEs’ tendency to self-regulate or re-offend. Our conclusion, supported by critical analysis of the juridical literature and case evidence on MNEs’ recidivism, is that DPAs do not foster ethical behavior. (shrink)

This article offers a comparative analysis of the phenomenon of pre-trial non-disclosure of criminal evidence, as exhibited by police and prosecution authorities in the US and English legal systems...

This article examines the inherently ethical nature of resource allocation in policing. Decision-makers must make trade-offs between values such as efficiency vs. equity, individual vs. collective benefit, and adopt principles of distribution which allocate limited resources fairly. While resource allocation in healthcare has been the subject of extensive discussion in both practitioner and academic literature, ethical resource allocation in policing has received almost no attention. We first consider whether approaches used in healthcare settings would be suitable for policing. Whilst there (...) are some high-level similarities in the relevant ethical considerations and processes—such as aiming for efficient and equitable resource deployment—there are also fundamental differences between the two settings, which we argue necessitate a different approach. These differences include: (1) greater diversity and incommensurability of the benefits of policing, (2) more frequent non-linearity in returns on policing investment, (3) greater “ethical divisibility” (permissible scaling down) of programs in policing, (4) a requirement to assess “need” for policing resources at the collective (rather than individual) level, and (5) clearer primacy of equity considerations in policing. Having drawn out the implications of these differences, we sketch some tentative proposals for ethical resource allocation in policing. (shrink)

The American criminal justice system creates incentives for false conviction. For example, many public crime labs are funded in part per conviction. We show that the number of false convictions per year in the American criminal justice system should be considered ?high.? We examine the incentives of police, forensic scientists, prosecutors, and public defenders in the U.S. Police, prosecutors, and forensic scientists often have an incentive to garner convictions with little incentive to convict the right person. These incentives create what (...) economists call a ?multitask problem? that seems to be resulting in a needlessly high rate of false convictions. Public defenders lack the resources and incentives needed to provide a vigorous defense for their clients. Corrective measures are discussed, along with a call for more research. (shrink)

Ethical analysis of armed drones has to date focused heavily on their use in foreign wars or counterterrorism operations, but it is important also to consider the potential use of armed drones in domestic law enforcement. Governments around the world are already making drones available to police for purposes including border control, criminal investigation, rescue missions, traffic management, and the monitoring of public assemblies. Unarmed and controlled remotely, these camera-equipped aircraft provide a powerful and mobile surveillance capacity that can be (...) highly effective in detecting suspicious activity and guiding police operations. In addition, for situations where criminal violence presents a danger to public safety, some governments appear to be readying their police to neutralize threats using drones that are also equipped with weapons. In anticipation of that potential development, this article discusses whether or how police should use armed drones. It applies some of the established ethical principles on police use of force (necessity, proportionality, and precaution), and it explores some of the challenges a drone-using, “tele-present” police officer is likely to face in seeking to adhere to those principles. (shrink)

Corruption is a ubiquitous problem. As Gillian Brock notes early on, it exists to one degree or another in all societies, no matter their stage of development, and is regularly identified by the public as one of the top problems in the world (2–3). Despite its importance and frequency, it hasn’t been a central topic for philoso- phers working on normative moral and political theory. This isn’t to say that it has been ignored, but it has mostly been seen as (...) a specialty topic in areas such as business ethics, criminal law theory focusing on white-collar crime, or certain sub- areas in democratic theory. However, as Brock points out, corruption has particular importance for questions of global justice, given that “corruption plays an enor- mous role in sustaining global injustice and hinders efforts aimed at remedying global deprivations” (17). This comes not only from the sort of large-scale corrup- tion by government officials that starves developing countries of funds needed to provide necessary services but also from more day-to-day corruption in the provi- sion of water, leaving many people without access to clean drinking water; in con- struction, where people must make do with substandard and unsafe buildings; in the provision of education and medical services; and so on. Despite the massive size of the global justice literature, Brock’s book is one of the first—perhaps the first— to focus specifically on corruption in relation to global justice. It would be an im- portant work for this reason alone, but it also has many other virtues which should make it the touchstone of the topic going forward. (shrink)

Diverse and dynamic societies face a problem of social control. Institutions of social control, of which the police are a part, are a necessary part of just and legitimate governance. But in our non-ideal world they are also responsible for injustices of their own. This project raises questions of political philosophy as they apply to the professional police agency. It begins by constructing an inchoate, but mainstream view about just policing, legalism, according to which police power is justified by the (...) criminal code, and just policing is just the faithful enforcement of law. This view is undermined by the practical realities of policing, which involves widespread and unavoidable police discretion. It then develops an account of just and legitimate police discretion, including principles of proportionality, liberal neutrality, and democratic responsiveness. This sheds lights on controversial police tactics, order maintenance initiatives, and community policing strategies. This account also informs the just institutional arrangement of police powers, informing ongoing debates about police reform and abolition. (shrink)

Criticisms of how police exercise their authority are neither new nor uncommon. Police officers have considerable power, and they often must draw on that power in complex and pressing circumstances. This collection of essays by fifteen leading specialists in ethics and criminal justice examines the nature of police discretion and its many varieties. The essays explore the kinds of judgment calls police officers frequently must make: When should they get involved? Whom should they watch? What constitutes a 'disturbance of the (...) peace'? What resources should be devoted to a situation? Does social welfare take precedence over law enforcement? Under what conditions, if any, may police officers engage in selective enforcement of the law? Each essay or pair of essays is followed by a response, making Handled with Discretion an excellent text for stimulating discussion in the classroom. (shrink)

According to the main argument in favour of the practice of racial profiling as a low enforcement tactic, the use of race as a targeting factor helps the police to apprehend more criminals. In the following, this argument is challenged. It is argued that, given the assumption that criminals are currently being punished too severely in Western countries, the apprehension of more criminals may not constitute a reason in favour of racial profiling at all.

Recent events have highlighted large-scale systemic racial disparities in U.S. criminal justice based on race and other demographic characteristics. Although criminological datasets are used to study and document the extent of such disparities, they often lack key information, including arrestees’ racial identification. As AI technologies are increasingly used by criminal justice agencies to make predictions about outcomes in bail, policing, and other decision-making, a growing literature suggests that the current implementation of these systems may perpetuate racial inequalities. In this paper, (...) we argue that AI technologies should be investigated to understand how they recognize racial categories and whether they can be harnessed to fill missing race data. By bridging this gap, we can work towards better understanding racial inequalities in a wide range of contexts, most notably criminal justice. Using a multidisciplinary perspective, we rethink the design and methodology used in facial processing technology (FPT) based on supervised deep learning model (DLM) image classification. By modifying standard FPT pipelines to tackle multiple sources of DLM bias, we propose an experimental methodology based on ethical AI principles to generate binary (Black and White) racial categories using mugshots. We go beyond simply reporting DLM accuracies and address fundamental issues such as generalizability and interpretability by using a “self-auditing” approach. First, we evaluate the inference performances of 42 fine-tuned DLMs using unseen test images from the same dataset but subject to varying data augmentations. Next, to interpret and validate our methodological approach, we apply gradient-based saliency maps to assess the consistency of facial region relevance and attribution. Finally, drawing upon insights from three areas (computer science, sociology, and law), we investigate the efficacy of our DLM-based method as a tool for detecting racial inequalities in criminal justice. (shrink)

Abstract The use of informers is morally problematic for police institutions, for investigation managers, and for those individuals either who act as informers or who have daily responsibility for handling informers. This paper examines the moral issues concerning informers at each of these levels. Recourse to informers can be accommodated within Miller and Blackler's moral theory of policing. Within this context, criteria for the morally justifiable deployment of informers are proposed and supplemented with further proposed criteria for morally justifiable informer (...) participation in crime. Morally justifiable recruitment of informers is also considered. Despite directly serving the purpose of policing, informers do not incur police professional obligations. (shrink)

Introduction -- Part I: Starting points -- Some decisions are easier than others -- Easy decisions -- More difficult decisions -- Moral dilemmas -- The deep basis of the moral life -- Practical decision making -- Why ethics is ultimately religious -- Acceptable and unacceptable forms of revelation -- The useful incomplete ness of religious tradition -- Moral virtue and character -- Intuition and deliberation in moral decision-making -- The absolute and the relative in moral life -- Have we become (...) too relativistic? -- The natural law approach -- God as the absolute -- Facts and values -- Individual integrity and communal authority -- The transcendent absolute -- Rules and relationships -- The moral burden of proof -- The legal analogy -- Applying the idea of "presumption" to ethical decision-making -- Moral presumptions as a common starting point -- Basic moral presumptions -- Uses of scripture -- Positive Christian value presumptions -- The limits and flaws in human nature -- Presumptions that preserve balance -- A presumption for Scripture and tradition -- When presumptions are in conflict -- Part II: Applications and illustrations -- Difficult personal decisions -- Sexual intimacy and family life -- Contraception and abortion -- Choosing a spouse -- Divorce -- Vocational choices -- The uses of our money -- Political choices -- Hard choices in the public arena -- Abortion -- Homosexuality -- The dilemma of "affirmative action" -- Securing economic justice -- Environmental policies -- Criminal justice -- Uses of military power -- Hard choices at the global level -- International institution building -- International security and policing -- Nuclear disarmament -- Economic globalization -- Global warming -- Hard choices in communities of faith. (shrink)

As assisted reproductive technologies become increasingly popular, debate has intensified over the ethical justification for restricting access to ART based on various medical and non-medical factors. In 2010, the Australian state of Victoria enacted world-first legislation that denies access to ART for all patients with certain criminal or child protection histories. Patients and their partners are identified via a compulsory police and child protection check prior to commencing ART and, if found to have a previous relevant conviction or child protection (...) order, are given a “presumption against treatment.” This article reviews the legislation and identifies arguments that may be used to justify restricting access to ART for various reasons. The arguments reviewed include limitations of reproductive rights, inheriting undesirable genetic traits, distributive justice, and the welfare of the future child. We show that none of these arguments justifies restricting access to ART in the context of past criminal history. We show that a “presumption against treatment” is an unjustified infringement on reproductive freedom and that it creates various inconsistencies in current social, medical, and legal policy. We argue that a state-enforced policy of restricting access to ART based on the non-medical factor of past criminal history is an example of unjust discrimination and cannot be ethically justified, with one important exception: in cases where ART treatment may be considered futile on the basis that the parents are not expected to raise the resulting child. (shrink)

Racially disparate policing, prosecution, and punishment harm individuals, families, and communities. These practices must be understood within the context of the development of the criminal legal system as a means of racialized social control. This context permits a critical examination of the way criminalization has been and is still deployed to subject poor and racialized communities to systemic injustices. This commentary frames a call for interventions to integrate a health justice approach to ensure that they advance racial and health equity (...) to promote the well-being of individuals, families, and communities. (shrink)

John Kleinig, The Ethics of Policing Cambridge: Cambridge University Press, 1996. viii + 335pp.

I defend the view that a significant ethical distinction can be made between justified killing in self-defense and police use of lethal force. I start by opposing the belief that police use of lethal force is morally justified on the basis of self-defense. Then I demonstrate that the state’s monopoly on the use of force within a given jurisdiction invests police officers with responsibilities that go beyond what morality requires of the average person. I argue that the police should primarily (...) be concerned with preserving public safety. As a consequence, police have additional moral permissions to use lethal force. But this also means that the principle of restraint is inherent to the policing function and therefore police are obliged to go to greater lengths to avoid killing. I concede that the just use of police force can be made difficult in extreme situations such as a mass riot. In such cases, police should take proportionate actions necessary to protect the lives of inhabitants by restoring order, which might include calling on military support. I conclude with a cautionary note opposing militarization of the policing role. (shrink)

State agents’ misconduct (SAM), such as the violations carried out by the police or prosecution, may harm an offender’s rights during the criminal process in various ways. What, if anything, can retributivism, as an offense-focused theory that looks to the past, offer in response to SAM? The goal of this essay is to advance a retribution-based framework for responding to SAM within the criminal process. Two retribution-based arguments are provided. First, a retribution-based response to SAM aims to protect the legitimacy (...) of the criminal process. Such an argument is based on how the crime and punishment connect to the moral standing of the state and that connection’s meaning for the legitimacy of the trial (legitimacy-based argument). Second, a retribution-based response to SAM aims to consider the offender’s side of the penal dialogue and promote a more accurate calibration of the penal suffering (compensation-based argument). Based on these arguments, the essay theorizes the legal response for SAM in US and non-US traditions through the retributive lens. The essay concludes with a call for expanding the multiple roles for retributive logic to include the actions of law-enforcement actors and addresses what that expansion means for the justice of the criminal process. (shrink)

In the December 2015 Issue of the Police Journal Sam Poyser and Rebecca Milne addressed the subject of miscarriages of justice. Cold case investigations can address some of these wrongs. The salient points for attention are those just before his sudden death: Milligan was appointed Private Secretary to Jonathan Aitken, the then Minister of Arms in the Conservative government in 1994. The known facts are as follows: 1. Stephen David Wyatt Milligan was found deceased on Tuesday 8th February 1994 at (...) his Chiswick, West London house where he lived alone. His body was found by his secretary Vera Taggart who was told by Julie Kirkbride where a spare key to his London house was kept and who decided to go to his house that day because he was not answering his telephone. Police said he had made one last telephone call on Saturday evening at 9.00pm. 2. Stephen David Wyatt Milligan had been the elected Member of Parliament (‘MP’) for Eastleigh in Hampshire since 1992. 3. The important topics this MP was addressing in 1994 at the time of his death included: (i) rail privatization plans and the impact through job losses on communities, especially his own constituency of Eastleigh; (ii) arms dealings with Saudi Arabia, especially with his previous intelligence gathered as an economics journalist for esteemed publications; (iii) the UK military industry; (iv) homosexuality among senior government Ministers, as revealed by British footballer Fasanu; (v) personal relationship and planned marriage to his fiancée (Julie Kirkbride) who at the time was a political journalist. 4. Stephen Milligan was also appointed as Parliamentary Private Secretary to Jonathan Aitken, Arms Minister and this position must have required that he came ‘up to speed’ on international arms trade and indeed its relation to bribery and corruption across jurisdictions. Milligan’s experience and knowledge as a former high-level political and economics journalist must have been of huge benefit to government minister Jonathan Aitken who was later imprisoned for perjury. 5. Regarding Stephen Milligan’s death in 1994, the Guardian newspaper in their immediate obituary said that ‘The death of one of the government's most outspoken and loyal supporters will pose a stiff electoral test for the Tories to surmount. He was on the left of the Tory party - he had even had a brief flirtation with the SDP when it was formed - and was a noted Euro-enthusiast… the death of one of the government's most outspoken and loyal supporters will pose a stiff electoral test for the Tories to surmount. Regarding Stephen Milligan’s sudden and unexpected death in 1994, MP David Willetts (Conservative, Havant) said in March 2015, in his address in the House of Commons. ‘…The inevitable ups and downs and triumphs and disasters of politics are among the great features of this place. There are colleagues in all parts of the House who are tolerant and understanding. There are friendships that keep the downs as well as the ups of politics in perspective. Having entered the House in 1992, I think particularly of two good friends, Judith Chaplin and Stephen Milligan, who both died within two years of being elected; that loss stayed with me for a long time...’ 6. On 28 February 2000, in the House of Commons, at Column 106, Mr Mike Hancock (Portsmouth) said, on the deaths of Michael Colvin and of Stephen Milligan MP: ‘I knew Michael Colvin for nearly 30 years, from when he was first elected to Hampshire county council. During my time as leader of that council, he and the late former Member of Parliament for Eastleigh, Stephen Milligan, were usually the only Members of Parliament who readily supported the council when necessary. Michael Colvin supported many ventures in the county of Hampshire. He will be missed here, in his constituency, and in Europe, and I stress that Hampshire has lost a staunch supporter. I am sure that the county will at some stage want to record its regret at his death and its deepest appreciation of the part that he played in its life....’ -/- Mike Hancock had, like Stephen Milligan, served on the Select Committee on Defence. It is interesting that he mentioned Stephen Milligan’s support as MP for Eastleigh when Milligan had only been so appointed a couple of years before his sudden death, as compared to 30 years of support from Mike Colvin. 7. Mr Andrew Robathan (for Blaby) said in the House of Commons Hansard Debates on 27 January1997, (Column 62) (on the registering of sex offenders): ‘I remember the death of my honourable friend Stephen Milligan, who represented Eastleigh. The press reports of the time stated that each Metropolitan police station had a police officer in the pay of newspapers. I do not know whether that is true, but I am aware that the police are not renowned for being entirely secure with their information…’ This statement is mischievous and it has been demonstrated time and time again, as being untrue, especially during the recent press inquiry leading to the four-volume Leveson Report, published in November 2012, into phone hacking and the ethics and culture of the UK media, pursuant to section 26 of the Inquiries Act 2005, and ordered by the House of Commons to be printed on 29 November 2012, ISBN: 9780102981063, by the Stationery Office Limited on behalf of the Controller of Her Majesty’s Stationery Office. In Volume 4 of the 2012 Leveson Report, chapter 4 concluded on the Press Complaints Commission (‘PCC’) and its effectiveness and revealed that the PCC does not initiate its own investigations other than those ‘needed to head off criticism of the press or self-regulation- or to accept complaints from third parties across the board and on a transparent basis… and the report states that ‘the resources of the police are limited’ in terms of being able to fully inspect the Press and media reports. (shrink)

This article sketches a case for the importance of allowing and protecting civil disobedience in a democratic society. There are weighty reasons for non-enforcement of certain laws under certain circumstances, which undermines the legalistic claim that justice requires police to faithfully (try to) enforce all laws at all times. Furthermore, questions about how the police should respond to disobedient demonstrations are not settled by popular theoretical treatments of civil disobedience. Police responses to disobedient demonstrations should be guided by a principle (...) of proportionality. This proportionality requirement is more stringent in cases of self-generated needs for self-defense. Common police tactics like “skirmish lines” predictably escalate interactions and create a need for further defensive force, thereby violating the proportionality requirement. (shrink)

In the United States, police use of force experts often maintain that controversial police shootings where an unarmed person’s hand gesture was interpreted as their “going for a gun” are justifiable. If an officer waits to confirm that a weapon is indeed being pulled from a jacket pocket or waistband, it may be too late to defend against a lethal attack. This article examines police policy norms for self-defense against “uncertain threats” in three contexts: (1) known in-progress violent crimes, (2) (...) interactions with civilians behaving non-aggressively, and (3) interactions with civilians behaving aggressively. It is argued that the context of a known in-progress violent crime gives rise to threat probability-, fairness-, and lesser evil-based reasons for a norm permitting police officers to use lethal force. However, in the contexts of civilians behaving non-aggressively and civilians behaving aggressively, such a norm is not justifiable. In the former case, I introduce two conditions, the Justification condition and the Valuing Civilian Lives condition, which I argue are not presently met. In the latter case, these two conditions again are not met; aggression may moreover be excused or justified due to background injustices around race and the criminal justice system. (shrink)

Historically, the quality of police investigations of police corruption and misconduct has been poor. Numerous police commissions in the United States,1 Australia,2 and elsewhere have found major d...

In many jurisdictions in the United States and elsewhere, the law governing deadly force by police and civilians contains a notable asymmetry. Often civilians but not police are bound by the imminence requirement—that is, a necessary condition for justifying deadly force is reasonable belief that oneself or another innocent person faces imminent threat of grave harm. In U.S. law enforcement, however, there has been some shift toward the imminence requirement, most evident in the use-of-force policy adopted by the Department of (...) Justice in 2022. This article defends that shift and argues that the ethical case for the imminence requirement in policing is stronger than Shannon Brandt Ford suggests in a recent article. Though the imminence requirement’s impacts on policing and public safety require ongoing study, the principle of equality before the law and the Doctrine of Doing and Allowing both provide moral grounds for this requirement, especially given the lack of evidence that the status quo helps protect life. (shrink)

America’s legal system harbors serious, widespread injustices. Many defendants are sent to prison for nonviolent offenses, including many victimless crimes. Convicts often serve draconian sentences in crowded prisons rife with abuse. Almost all defendants are convicted without trial because prosecutors threaten defendants with drastically higher sentences if they request a trial. Most Americans are terrified of encountering any kind of legal trouble, knowing that both civil and criminal courts are extremely slow, unreliable, and expensive to use. This book explores the (...) largest injustices in the legal system and what can be done about them. Besides proposing institutional reforms, the author argues that prosecutors, judges, lawyers, and jury members ought to place justice before the law – for example, by refusing to enforce unjust laws or impose unjust sentences. Issues addressed include: · The philosophical basis for judgments about rights and justice · The problems of overcriminalization and mass incarceration · Abuse of power by police and prosecutors · The injustice of plea bargaining · The appropriateness of jury nullification · The authority of the law, or the lack thereof Justice Before the Law is essential reading for everyone interested in legal ethics, the rule of law, and criminal justice. It is also ideal for students of legal philosophy. (shrink)

This book discusses how to deal ethically with people with Fetal Alcohol Spectrum Disorder in the police, courts and correctional services. Ethical and legal issues associated with the deficits of individuals with a brain disorders such as FASD are surfacing more and more frequently in criminal proceedings. People with FASD often have not been diagnosed and rarely exhibit any visible evidence of the disorder. It has been argued that this invisible disability puts them in a disadvantaged position in the justice (...) system, since the awareness of this condition is limited. The need to identify and to address FASD more effectively and the many ethical issues this raises within the context of the law is increasingly acknowledged within judicial and legislative branches, as well as in government departments, agencies and community programs that provide services to those with FASD and their caretakers and families. This is the first book to give to elaborate on ethical and legal issues of FASD. (shrink)

What should be a police department's policies and regulations on the use of deadly force? What is the relevance for this of the state law on capital punishment?

A critical issue facing the criminal justice system today is how best to promote ethical behavior by public prosecutors. The legal profession has left much of a prosecutor’s day-to-day activity unregulated, in favor of a general, catch-all admonition to “seek justice.” In this article the author argues that professional norms are truly functional only if those working with a given ethical framework recognize the system’s implicit dependence on character. A code of professional conduct in which this dependence is not recognized (...) is both contentless and corrupting. Building on the ethics of Aristotle and modern philosophers Alasdair MacIntyre and Bernard Williams, the author argues that virtue theory can help bridge the gaps in prosecutorial ethics where other forms of moral reasoning fail. The author analyzes three especially difficult ethical problems frequently confronted by prosecutors in the field. He demonstrates not only that the Model Rules of Professional Conduct and the ABA Criminal Justice Standards fail to answer any of these complex questions, but also that future attempts to more closely regulate how prosecutors should act in any of these nuanced situations are unlikely to succeed. The author argues that honesty, fairness, courage, and prudence are the primary virtues that citizens have a right to expect of their public prosecutors. He then demonstrates how these four key virtues might provide important guidance to conscientious prosecutors striving to do what is right. The author concludes by offering several insights into how the field of virtue ethics might inform both the structure and organization of government law offices, and the manner in which individual prosecutors working within these offices might perceive and fulfill their professional roles. (shrink)