Philosophical and Practical Approach for Balancing Issues
Ethics and leadership in criminal justice
Law enforcement professionals working within the criminal justice realm must hold high standards of ethics and imperative decision-making abilities. Mental stability is an imperative aspect that all employees must possess to allow for accuracy and consistencies in evaluating multifaceted issues and making correct decisions and choices. Criminal justice is faced with a lot of ethical issues and ethical dilemmas attributed to the complexity of its issues; thus, professionals in the criminal justice fraternity are mindful of individual rights in the process of administering justice or enforcing law and order (Albanese, 2016). Moreover, employing these codes of ethics and decisive morality while addressing these issues. This discourse seeks to expound on the philosophical and practical approaches to balancing issues resulting from individual rights and public protection, use of reward and punishment, use of immoral methods and ethical approaches in the criminal justice fraternity.
Individual rights and public protection
The criminal justice system entails dealing with critical individual issues whereby law enforcement officials are the verge of the cross the line to ensure justice prevails. In this process, it is imperative to strike a balance between maintaining individual rights while protecting society and maintain public order (Pratt, 2018). In my case being in a position to decide between respecting and maintain individual rights and public protection, I would use the utilitarian approach whereby I would prioritize public order over the individual rights especially where a perpetrator is considered dangerous to public safety; thus, the individual rights can be suppressed in a manageable form, to maintain public safety and order.
Public trust and confidence are heavily reliant in law enforcement professionals’ actions and decisions; thus, at all times, they will strive to maintain a striking balance between individual civil rights and criminal justice. An exemplary instance is for a case where an individual is actively involved in inciting and coercing the public to participate in violent-based protests. Revoking, his freedom of expression will be the ultimate choice to stabilize society. The individual rights will be limited if their actions are deemed dangerous, and the protection of the public justifies every decision.in critical situations, utilitarian approach to weighing the balance between positive and negative impacts for essences where one is actively involved in terrorism affiliated activities, thus, to limit their rights (Pratt, 2018)
Use of punishment and reward in criminal justice
Tentatively, there come instances whereby the use of rewards and punishment in criminal justice. This can either be for efforts made or noticeable results. One instance whereby the use of reward is when a criminal is rewarded with a reduced sentence if they testify against other criminals. While the criminal is not duly punished for his crimes, he or she is compensated for his or her cooperation to attain justice. Punishment is a form of retribution for the crimes committed; however, other alternatives forms can be adopted to prevent other people from committing the same crime (Gassen, 2020). This is a form of utilitarian punishment. Arguably, other punishment instances can be through restitution, whereby the offender compensates the criminal for the offense. However, this form of punishment has faced a lot of criticism questioning its effectiveness in instilling discipline and as a form of corrective measures. An exemplary instance being committing offenders of public disruption to community service seems undeniably appropriate to reprimand such offenses.
Use of immoral methods to achieve outcomes
While the use of immoral means is not justifiable and considered unprofessional, some situations call for the use of these methods. The use of these methods may otherwise be considered immoral, despite being in line with the criminal justice provisions and guidelines. An exemplary instance is the use of excessive force, deceit to get the perpetrator to surrender or stand-down during an apprehension (Marshall, 2020). The use of these otherwise considered immoral methods can put law enforcement officers and officials in these same calibers as the perpetrators. In my case, I would only adopt the use of these methods as the last resort when all other methods have failed, in a matter of urgency whereby if either of these methods is adopted, I will adopt these methods, will result in an immoral consequence, thus the utilitarian principle approach.
The ethical approach in decision making
Making ethical decisions, even in complex scenarios, is an imperative aspect of criminal justice. Law enforcement professionals have limited time between making decisions and acting decisively. Use of deontological principles such as adopting the use of proception to safeguard the public in public interest matters. These principles sometimes conflict with individual rights; therefore, critical thinking comes in handy for most professional even in the most multifaceted situations (Allan, 2018). In some cases, law enforcement officers deal with dangerous criminal offenders or are assigned to tasks in high violence risk areas. Ethics will enable one to apply knowledge to make moral choices in such situations. My overall philosophical approach in matters crime and justice is ensuring is according the balance to individual rights while protecting the public from conflicts (Albanese, 2016).
Conclusion
Choosing between public protection and individual rights can sometimes lead to ethical dilemmas among professionals. Determining the difference between right and wrong is profound when dealing with critical issues. To maintain integrity which, the criminal justice standards for, there are times immoral methods are adopted to obtain desirable outcomes and protect the public interest. However, individual rights are still important and need to be upheld even where stringent methods are imposed to enforce law and order In the professionals day to day operations.
Albanese, J. (2016). Professional ethics in criminal justice.
Allan, A. (2018). Moral challenges for psychologists working in psychology and law. Psychiatry, Psychology and Law, 25(3), 485-499.
Gassen, J., Mengelkoch, S., Bradshaw, H. K., & Hill, S. E. (2020). Does the Punishment Fit the Crime (and Immune System)? A Potential Role for the Immune System in Regulating Punishment Sensitivity. Frontiers in Psychology, 11.
Marshall, C. D. (2020). Restorative justice. In Religion Matters (pp. 101-117). Springer, Singapore.
Pratt, J., & Miao, M. (2018). From protecting individual rights to protecting the public: the changing parameters of populist driven criminal law and penal policy. Populism and Democracy, 2.
