Identify types of misconduct that could lead to innocent people being convicted and sentenced for crimes they did not commit. You are to include all three legal professionals (judges, prosecutors, and defenders). Develop a solution to this ethical misconduct. Utilize the Guidelines for Ethical Decision Making for each of the three professions.
The guidelines for ethical decision making are:
1. Identify the facts. Make sure that one has all the facts that are known—not future predictions, not suppositions, not probabilities. Summarize as neutrally and accurately as possible, identifying possible bias or egocentric interpretations.
2. Identify relevant values and concepts. Concepts are things that cannot be proven empirically. Make sure to provide appropriate depth and breadth.
3. Identify all possible moral dilemmas, questions, or issues for each party's perspectives. This can help us see that sometimes one's own moral or ethical dilemmas are caused by others' actions. For instance, a police officer's ethical dilemma when faced with the wrongdoing of a fellow officer is a direct result of that other officer making a bad choice. It is helpful to see all the moral issues involved to be able to address the central issue.
4. Decide what is the most immediate moral or ethical issue facing the individual. This is always a behavioral choice, not an opinion. For example, the moral issue of whether abortion should be legal is quite different than a personal choice to have an abortion. Obviously, one affects the other. But, they are conceptually distinct.
5. Resolve the ethical dilemma by using an ethical system (Chapter 2). Here you must apply the ethical and moral theories from Chapter 2. For every assignment, you must apply at least THREE systems or theories.
6. Explain whether your system is deontological or teleological. Define your theory prior to applying its principles; explain the facts that are relevant to the theory that you are applying, and the available courses of action.
7. Decisions. Here you will explain your behavioral choice(s) based upon your analysis. Did different systems lead to different choices? Are there any systems that you believe should never be used to guide ethical choices in criminal justice? Finally, which decision would you choose?
