Philosophical and Practical Approach for Balancing Issues

CRJ 220 Assignment 3 Instructions

Before writing your position statement on Philosophical and Practical Approach for Balancing Issues, you should read Chapters 1 through11 in your textbook. Then, research at least three (3) peer-reviewed articles about individual rights, morality, ethics, individual rights, duty, or codes of conduct for criminal justice professionals.

Write a three to five (3-5) page paper in which you:

  1. Create a philosophy and approach for balancing the issues of individual rights and the public’s protection. Provide one to two (1 to 2) examples illustrating how you will balance the two issues in your own career in law enforcement.
  2. Determine a philosophy and approach for balancing the use of reward and punishment in criminal justice. Provide one to two (1-2) examples illustrating how you will use this philosophy in your own career.
  3. Select a philosophy and approach that addresses the use of immoral means (e.g., torture or lying in interrogation) to accomplish desirable ends. Provide one to two (1-2) examples illustrating how you will use this philosophy in your own career.
  4. Explain what you believe the Ethics of Care and Peacemaking Criminology presented in your textbook should mean for law enforcement professionals.
  5. Support your position statement with three (3) relevant and credible references, documented according to SWS.

Philosophical and Practical Approach for Balancing Issues Essay

Working in the realm of criminal justice requires a lot of mental stability as well as a strong sense of direction. Stability in decision-making is attained through consistency in the manner in which one evaluates and decides on a matter. Many complex situations confront those that work in criminal justice, and these situations call for them to have high ethical standards. This makes it possible to make correct decisions and choices in those complex scenarios. This paper elaborates on philosophical and practical approaches for balancing issues in various situations in the criminal justice set up.

Individual rights and the public’s protection

Criminal justice involves striking a delicate balance between the protection and maintenance of individual rights, and maintenance of public order and protection of the public (Sutton, 2017). My approach would be the employment of utilitarian based on my ethical philosophy. A society is based on the dominance of the common good over individual rights and liberties, especially in critical situations that present a dilemma where one of the two has to be chosen (Sutton, 2017). Based on this, I support measures that ensure that individual rights are limited in cases where protection of social order and citizens demand. An example can be made of a scenario where an individual participates in actions that might advance hatred and violence against certain groups. A person who uses their freedom of expression to incite others into attacking another group of people can be arrested and contained in order to protect social order and harmony.

Read also Role Of The Supreme Court In Protecting Individual Rights

Using of Reward and Punishment in Criminal Justice

There is no standard ethical view when it comes to the employment of reward and punishment in criminal justice. There are two possible ways that the element of reward can be approached: rewarding based on results or based on effort (Banks, 2018). The former takes a pragmatic approach while the latter follows the principle of justice. Punishment can be retributive, utilitarian, or can be based on restitution. Utilitarian forms of punishment are used to prevent potential offenders from committing certain wrongs or crimes. Punishment based on restitution is used to compensate those who have been wronged or offended. On the other hand, retributive punishment is a form of punishment that focuses on punishing the offender to the extent of the committed crime. For example, when a person commits a crime such as causing unnecessary public disorder, he/she should be committed to community service as a punishment.

Using Immoral Methods to Achieve Desirable Outcomes

The Dirty Harry Problem is one of the most well-known ethical issues in criminal justice. This tenet involves the use of means that are otherwise considered to be immoral to achieve the required good outcomes by professionals working in criminal justice (Braswell, McCarthy & McCarthy, 2017). In some situations, it becomes incredibly impossible to employ moral means to attain desirable ends, and as such, one is forced to employ immoral means. This includes the use of unnecessary force, bribes, lies, and other negative means to stop an offender from committing a crime for the interest of the public. The main challenge in the use of these means is that it puts criminal justice professionals in the same footing as criminals. In my case, I would use these only in cases where no other obvious option can work, and that the outcomes should be unquestionably desirable.

Making use of Ethics in Decision-Making

The key approaches presented regarding normative ethics such as justice ethics, utilitarian ethics, and virtue ethics provide a solid basis for decision-making. These aspects are especially important in areas of criminal justice where many situations require critical thinking, and no decision comes easy. The principle of utilitarianism advances efficiency in decision-making and ensures that professionals in criminal justice are well equipped to make the most suitable decisions in different difficult circumstances. This principle is also significant in assessing the efficacy of the use of reward and punishment techniques in criminal justice.  The insistence on deontological principles like the use of law and protection of public good provides a strong background in criminal justice. This is because there are many cases where the interests of public order and the protection of the public come into conflict with individual rights.

In conclusion, it is apparent that striking a balance between the right and wrong in criminal justice is a profound and necessary issue. When it comes to individual rights, it is clear that there are situations where they can be limited. This is especially the case when it is necessary to protect the public and to maintain public order. Criminal justice professionals are also forced to use immoral means to achieve necessary outcomes. It is clear that these means should only be used when the results are out-rightly desirable and only when no other legitimate means can be employed. Concepts of reward and punishment should also be considered in criminal justice as they have the potential of delivering justice and with a lot of efficiency.

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