CRIMINAL JUSTICE ETHICS: AN ANALYSIS

As stated by the Encarta Electronic Dictionary, Ethics can be characterized as the investigation of moral principles and how they influence the conduct or a system of moral standards overseeing the appropriate behavior for an individual or group.

INTRODUCTION

Ethics which is also called Moral Philosophy is the branch of philosophy that is concerned with the study of questions of right and wrong and how we should live. Ethics includes making moral decisions about what is correct or wrong, positive or negative. Good and bad are characteristics or moral decisions we assign to actions and conduct. Ethics furnishes us with an approach to make moral decisions when we are unsure about what to do in a circumstance including moral issues.

An ethical framework is fundamentally is a source of one's personal beliefs of what is viewed as right or wrong. These beliefs can emerge out of parental lessons, religious values, natural circumstances, or individual experiences.[1]

The Criminal Justice framework involves experts or professionals who exercise power and authority over others, and who sometimes are authorized to utilize power and physical coercion against them. The law, or acknowledged standards of conduct, impose ethical rules and duties on these experts. It follows that experts in the criminal justice framework must know about moral norms in doing their functions. Ethics is important in decisions including discretion, power, and due process since criminal justice professionals can be abused to mishandle their powers.

Criminal Justice Ethics which is also called police ethics is the scholastic investigation of ethics as it is applied in the zone of law implementation. Generally, a course in ethics is expected of candidates for hiring as officials of law enforcement. These courses center on the subject matter which is principally guided by the necessities of social foundations and societal values. Law implementation agencies work as indicated by setting up police practices and ethical rules and guidelines which is consistent with the community standards to maintain the trust of the public while performing their obligations and duties.

Police ethics and trustworthiness are basic parts of the system of law enforcement that encourage effective crime control practices A mix of laws, training, and norms help police officers in maintaining ethical conduct on their duty. Holding an authoritative position while additionally having the means to utilize power legitimately requires police professionals to adhere to the strictest ethical guidelines to evade questionable or corrupt abuses of power.

Policing the community regularly brings ethical circumstances into consideration that might be, yet isn't restricted to, one of the accompanying conditions: an investigation of criminals, procedural justice, racial profiling, early intervention frameworks, and internal issues, complaints of citizens, intervention, recruitment, and utilization of power.[2]

ETHICS AND LAW

Ethics and law are distinct classifications. Law means any enactment, resolutions, and guidelines made by states and by the government on a different group of subjects for the welfare of the public. Laws don't and are not proposed to, consolidate moral standards or values, however at times, moral guidelines will be reflected in law.

The sets of accepted rules managing legitimate practice have the power of law. In any case, on an entire scope of subjects from business practice to driving a vehicle, laws don't set moral guidelines. It is critical to acknowledge, in this manner, that moral guidelines are not recorded as laws or different standards, however, speak to the aggregate insight of a society as it controls the conduct of those who make up that society. The way that a moral standard isn't rehashed or replicated in law doesn't influence the legitimacy of that moral standard. Where moral principles are joined into law, for example, the right to abortion, although those individuals must comply with the law, they are not needed.

To hold similar ethical beliefs clarified by that law. Laws can conflict with moral principles. For instance, laws promoting politically-sanctioned racial segregation in South Africa and slavery in the US were both disregarding moral principles identifying with the dignity of the individual, however were legal and they were expected to be obeyed when in force.

ROLE OF ETHICS IN CRIMINAL JUSTICE SYSTEM

1. Police Operations

We have different approaches to look at how morals can impact police conduct, including how the police interact with the community and how that community communicates with police. When the police are seen to be working morally, the community is bound to be open and moral or ethical when dealing with them. This includes cooperating for the prevention of crime.

2. Lawyer Behavior

Ethical conduct isn't tied in with winning a case no matter what. It's tied in with speaking to your client in the most ideal manner possible. There shouldn't be a desire for lawyers to need to act dishonestly or unethically and hence inappropriately. Rules have been written with a particular goal in mind. We can follow the soul or the apparent aim of the law, and we have to allow and anticipate lawyers to do both.

3. Self-Participation

Generally, we don't imagine that how individuals interact with criminal justice experts or professionals is essential for the ethical equation. We have to think about individuals' ability to share data and to be part of the system. This includes everything from participating in jury obligation to self-reporting criminal activities.[3]

SCOPE OF CRIMINAL JUSTICE ETHICS

The scope or extent of Criminal Justice Ethics is normally understood narrowly to envelop a scope of concrete and mid-level ethical issues experienced inside the essential organizations of criminal justice like police, courts, and corrections including, utilization of power policies, Judicial Corruption, and the rights and privileges of detainees. Inside that smaller structure, criminal justice ethics may focus on issues produced by the organizations themselves, for example, the place of police discretion, the autonomy of the Judiciary, jail overcrowding, just as on issues experienced by criminal justice professionals of professional ethics, for example, the conscientious issue with specific police techniques, the utilization of ad hominem legal defense tactics, and shaping relationship with jail prisoners. More extensively, nonetheless, criminal justice ethics mo may incorporate ethical issues that emerge regarding the establishments of the criminal justice ethics, the moral limit of criminal law, ethical issues that arise in reflections on nature and origin or criminality, and ethical issues that include significant particularized expressions inside the system of criminal justice such as, those concerning human right, faithfulness, fairness, end and means, and punishment.[4]

ETHICAL ISSUES IN CRIMINAL JUSTICE

To outline the importance of the examination of morals or ethics to the criminal justice system, several explicit ethical issues and issues that may emerge for experts in the criminal justice system are set out in the accompanying section. These issues and issues may, for the model, be concerned about how to exercise authority, with how to manage clashes between the individual and the professional, or with ethical issues bound to one specific aspect of the system, for example, Juvenile Justice

1. Ethical Issues in the Use of Authority

· The utilization of power to promote individual values

· The utilization of power for the avoidance of accountability for crimes being committed in different sections of the society.

2. Ethical Issues in the Relationship Between Individual and Professional Interests

· Using proficient status to promote individual interests (religious, philosophical, financial)

· Using institutional time and materials for personal gain which is not related to legitimate work activity

· Engaging in or advancing professional activities that are in opposition to individual values

· Engaging in public or private individual activity that is in opposition to professional values (utilization of drugs, driving affected by liquor)

3. Ethical Issues in Personal and Professional Commitments to Clients

· Behaving in an unethical manner in personal relationships with the clients and customers

· Using relationship with customers/public for any personal gain (to get products more cheaply, have work accomplished for the benefit, acceptance of gifts

4. Ethical Issues in the Public Policy and Criminal Justice

· The battle on Drug Abuse

· Government approaches having suggestions for criminal equity experts in issues, for example, youth restriction, fingerprinting of juveniles, and mandatory treatment, for example, participation in substance abuse programs or anger management

· Death Penalty

· The move away from rehabilitative juvenile justice strategies toward more punitive policies

· Policies including harsher punishments in "detainee warehousing"

· The government imposed compulsory sentencing(three-strikes enactment, mandatory minimum sentences least sentences)

· Truth in sentencing policies

· Increase in surveillance of residents in the society

5. Moral Issues Resulting from Policing Policies

· Policing strategy in aggressive behavior at home( domestic violence) cases

· Police profiling

· Use of power

· Use of discretion by police

6. Ethical Issues in Sharing the Information

· The ethics of retaining data such as from a customer, the court, or the police

· Problems of secrecy and special communications such as the legal advisor and client connections and cooperation in research

· Rules or works on identifying with the maintenance or removal of court records; such as, in the juvenile justice system where a few states are currently thinking about creating juvenile records and court hearings open to the public and the media.

7. Ethical Issues Dealing With Human Rights Issues in the Criminal Justice System

· The organization of merciless and abnormal Punishments

· Human rights infringement against detainees (ladies, men, juveniles)

· Capital Punishment

8. Ethical Issues in the Reporting of Crime by Media

· Crime and opinion of the public

· Crime as a source of entertainment

· The politicization of Crimes

ADMINISTRATION OF JUSTICE

As stated by George Washington, the Administration of Justice is the strongest Pillar of government. Law exists to tie together the community. It is sovereign and can't be disregarded or violated with any impunity.

As stated by Sir John Salmond, Law might be characterized as the collection of standards perceived and applied by the State in the Administration of Justice." The Administration of Justice is divided into two sections - Administration of Criminal Justice and Administration of Civil Justice.

The state maintains the law and order and also establishes harmony and social security. Administration of Justice is one of the essential elements of the State. The important function of the Administration of Justice is the protection of people's privileges or rights, the implementation of laws, and the punishment of criminals.

In simple words, the Administration of Justice implies Justice as indicated by law. Justice generally implies the nature of being just and fair such as the granting of what is expected. Justice comprises of unbiasedness, integrity, or rightness.

CRIMINAL JUSTICE

Administration of Criminal Justice deals with crimes and public wrongs. All the offenses which are mentioned under the Indian Penal Code 1860 are public wrongs. The Administration of Criminal Justice is to punish the criminals. Punishment might be depicted as the infliction by State Authority, of a result ordinarily viewed as evil such as death or detainment on an individual discovered to be legitimately liable of a crime.

THEORIES OF PUNISHMENT

1. Deterrent Theory of Punishment

To deter signifies, to stop or abstain from doing any activity. Deterrent signifies, infliction of extreme punishments to prevent the criminal or offender from committing a crime.

As indicated by this theory, the object of punishment isn't to just keep the prevent the offender from doing a wrong next time, yet additionally to make him an example to other people who have criminal intentions. Salmond believes the deterrent aspect of criminal justice to be the most significant for the regulation of crime.

2. Retributive Theory of Punishment

Retributive signifies, corrective, or compensation or make a return of. In Primitive society, the punishment was mostly retributive. The individual violated was permitted to have retribution against the offender. The Principle of 'tit for tat', 'a tooth for a tooth ', a nail for nail, 'eye for an eye was the basis of administration of offender e of a criminal organization.

As per Holmes, It is generally realized that the early types of lawful techniques were grounded in retribution.'

As per Sir John Salmond, the retributive reason for punishment comprise in avenging some unacceptable done by the criminal to society.

3. Preventive Theory of Punishment

The preventive theory is also called a theory of disablement. According to this theory, the punishment depends on the suggestion, Not to retaliate for Crime however to prevent it The point of this theory is to disable the criminal. Wrongdoers are prevented from repeating the offense by granting punishments, for example, death, exile, or forfeiture of an office. By placing the criminal in prison, he is kept from perpetrating another offense.

4. Reformative Theory of Punishment

As per the Reformative theory, the aim of punishment is the reconstruction of the character of offenders. This theory tries to achieve a change in the attitude and nature of the wrongdoer to restore him as a well-behaved citizen. Regardless of whether a criminal committed a crime but he should be treated like a human being only. The conditions under which he committed the crime may not happen again. Crime is a psychological illness, brought about by various enemy of society. Consequently, the mental cure of offenders instead of granting punishment will serve the aim of this theory of Punishment. If the offenders are trained and educated then they will transform into good citizens and also behave well in society.

5. Expiatory Theory of Punishment

Expiatory Theory Expiatory hypothesis of Punishment depends on ethics and morals. As stated by this theory expiation or repentance by criminal itself is a punishment. If the wrongdoer repents or expiates, he should be forgiven. The expiatory theory of punishment was predominant in Old Indian criminal law. Expiations were performed by the method of uttering mantras, fasting, or in any event, bring oneself to death.

6. Theory of Compensation

As indicated by the Theory of Compensation the object of punishment must not be only to prevent further violations yet additionally to remunerate the victim of the Crime.

CONCLUSION

In the last few years the increasing crime percentage, especially for heinous crimes has made the Criminal Justice System or framework the subject of discussions and debates. Despite significant exertion and substantial use of funds, it is apparent that the different parts of the Criminal Justice System are not working adequately or reasonably. In India, the administration of the Criminal Justice System follows the Anglo Saxon Antagonistic. It has four indispensable units, in particular, the Police, Prosecution, Judiciary, and correctional organizations. These parts should work harmoniously and strongly with close co-ordination and collaboration to create the ideal outcomes more adequately, decently, and rapidly. Also, the achievement or failure of the administration of the criminal justice system relies on the viability of these unified units.

The Constitution of India just as the International Commissions, Treaties, and Covenants on Human Rights gives extraordinary significance to the protection of life and individual freedom of an individual and emphasis respect for the dignity of a human being. The fundamental laws for example substantive and procedural, stress the need to carefully see and observe the Human Rights in the Administration of Criminal Justice in its true meaning and soul.

It is to be borne in the brain that is suspects, accused or under trial detainees, they should be treated like human beings and they don’t cease to be a human being. Rights of the accused, suspects, and under trial detainees, regardless of whether they are in police care or jail are crucial to such an extent that nobody can abuse them. They must be protected and respected by any means.

The Penal policy in India should be reviewed regarding different custodial and non-custodial measures. Capital punishment is still open to discussions and debates in our nation. Judicial Discretion in sentencing must be held inside set-up parameters with due adaptability to deliver justice according to the necessities of the case. Discretion as a contemplated measure must be utilized prudently and follow a set pattern of rules and anytime it must not result in arbitrariness. The Discretion of the Appointed Judges while expressing the sentence must be based on reasons and should be liberated from any sort of extraneous influences

Author - Gaurav Purohit

Amity University Rajasthan

REFERENCES

· https://shodhganga.inflibnet.ac.in/bitstream/10603/201779/14/14_chapter%207.pdf

· https://1000wordphilosophy.com/2019/02/05/theories-of-punishment/#:~:text=Conclusion,and%20deterrence%20when%20not%20possible.&text=And%20forward%2Dlooking%20and%20backward,no%20more%20punishment%20than%20deserved.

· http://www.legalserviceindia.com/legal/article-856-administration-of-justice.html

· https://en.wikipedia.org/wiki/Criminal_justice_ethics#:~:text=Criminal%20justice%20ethics%20(also%20police,the%20area%20of%20law%20enforcement.&text=A%20combination%20of%20laws%2C%20training,maintain%20ethical%20behavior%20on%20duty.

· https://www.tandfonline.com/toc/rcre20/current

· https://www.sagepub.com/sites/default/files/upm-binaries/4031_Banks_Chapter_1_Proof.pdf

[1] https://www.lawteacher.net/free-law-essays/criminology/ethics-in-criminal-justice.php. [2]https://en.wikipedia.org/wiki/Criminal_justice_ethics#:~:text=Criminal%20justice%20ethics%20(also%20police, the%20area%20of%20law%20enforcement.&text=A%20combination%20of%20laws%2C%20training, maintain%20ethical%20behavior%20on%20duty. [3] https://www.northeastern.edu/graduate/blog/3-ways-ethics-influence-criminal-justice/. [4] https://www.oxfordbibliographies.com/view/document/obo-9780195396607/obo-9780195396607-0080.xml.