CMJ155: ETHICS IN CRIMINAL JUSTICE SPRING Office Hours: Monday: 9:30 A.M. 10:30 A.M. 5:30 P.M. 6:30 P.M. 10:30 A.M. - 11:30 A.M.

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1 CMJ155: ETHICS IN CRIMINAL JUSTICE SPRING Instructor Information: Assistant Professor Edmond J. K. O Brien Office Location: Guerrieri Hall, Room 202C Office Phone Number: Office Hours: Monday: 9:30 A.M. 10:30 A.M. 5:30 P.M. 6:30 P.M. Tuesday: Wednesday: Thursday: Friday: 10:30 A.M. 11:30 A.M. 9:30 A.M. 10:30 A.M. 5:30 P.M. 6:30 P.M. 10:30 A.M. - 11:30 A.M. By Appointment College Address: eobrien@worwic.edu 2. Course Level: 100 First Year 3. Course Title: CMJ155 Ethics in Criminal Justice Section 1 Guerrieri Hall, Room 203 Monday 6:30 P.M. - 9:45 P.M. 4. Textbook: PEREZ, Douglas W,; Moore, J. Alan. (2013); Police Ethics: A Matter of Character, Second Edition; Delmar Cengage Learning, Clifton Park, NY 1

2 5. Course Description: This course examines the many difficult decisions that criminal justice professionals make in an environment of competing interests. The decision-making of criminal justice professionals can be impacted by ethical dilemmas. Emphasis is placed on addressing moral issues and concerns of our justice process in personal, social, and criminal justice contexts. "Part of what is needed for public servants is a public sense of what Madison meant by wisdom and good character: balanced perception and integrity. Integrity means wholeness in public and private life consisting of habits of justice, temperance, courage, compassion, honesty, fortitude, and disdain for self-pity." - Delattre (1988) 6. Course Objectives: Upon the successful completion of this course, the student will be able to: 1. Recognize of the differences between morality and ethics. (GEO 1) A. Discuss examples from everyday life of how people might behave so as to promote good and prevent evil. B. Consider examples from civilian life where our ethic to live by, beneficence and justice, can conflict. C. Consider the argument that a college education is important for all police officers, and discuss how the theory of the classroom can be applied to the practical realities of life on the street. D. Discuss the difference between and ethical question and an ethical dilemma. E. Describe how police competence is inexorably linked to police ethics. F. Discuss why 'ethics makes us human." G. Discuss the lack of training in ethics at the traditional police academy. 2. Differentiate between the various ethical systems. (GEO 5) A. List examples of a "law of nature' that are applicable to human society. B. Define "absolute duties." C. Discuss police-work examples of how different duties can conflict. D. Discuss immoral laws - laws that are supported by a majority of people but which should not be applied by ethical police officers, focusing on higher moral principles. E. Describe examples of police actions that illustrate how officers using Kant's and Mill's schools of thought might react differently and take different actions in an effort to behave ethically in the performance of their duties. F. Consider the implications of the ethical problem presented by the 2

3 utilitarian logic behind deterrence - that it "doesn't matter who you punish." 3. Explain the theories of moral development. (GEO 2) A. Consider Kohlberg's ideas about how people obtain their understanding of morality. B. Discuss how being the "strong, silent type' of police officer is a mistake as it alienates the people and from life on the beat. C. Discuss why it is important to stay in touch with ways to stay in touch with ways of thinking outside the police subculture and to cultivate civilians as friends. 4. Identify the origins and components of justice. A. Describe the different historical definitions of police "professionalism." B. Discuss the sociological definition of "professional." C. Applying Muir's tragic perspective, discuss why there is crime. D. Describe the consequences if police officers applied one set of rules to those they felt were good people and another set of rules to those they felt were bad people. 5. Differentiate between the various paradigms of law. (GEO 3) A. Discuss examples of ethical dilemmas or confrontations where the police have to "referee" between citizens (or groups of citizens), each of whom is, from his or her perspective, right. B. Define the three types of power (exhortative, reciprocal, and coercive). C. Discuss the idea of power prioritization and why Muir believes this is a critical idea for police officers. D. Identify victimless crimes 6. Identify noble-cause corruption. A. Discuss the difference between treating people differently because of their behavior and treating people differently because of their characteristics. B. Describe the difference between "not making mistakes" and "doing the right thing." C. Discuss how legality and democracy can conflict. D. Discuss the nexus between noble-cause corruption and "grass eating." 7. Analyze the ethical issues experienced by criminal justice professions. A. Considering the numerous types of opportunities to misbehave that are regularly presented to police officers, give examples of how each type of misconduct can eventuate from such opportunities. B. Discuss Klockar's idea that there is no such thing as "excessive force." C. Describe the types the police misconduct that are most prone to be supported by the police subculture. D. Discuss the Law Enforcement Code of Ethics. E. Describe the types of non-police-related experiences, hobbies, and avocations that might help to make a police officer develop, grow, and become more competent. 3

4 The assessment strategy for all course objectives will be through the use of examination questions, written assignments, and electronic research assignments. General Education Objectives addressed by this course: GEO 1: Express ideas objectively through oral and written communication. GEO 2: Think critically and reason logically. GEO 3: Read and analyze a written text. GEO 5: Evaluate individual, societal, and cultural relationship. 7. Course content: I. Introduction A. The Police Are the Law 1. Justice: A preliminary Discussion 2. Discretionary Decision Making B. The Need for Ethics Study by the Police 1. The Traditional Academy Approach 2. A Positive Approach 3. The Intellectual Capabilities of Today's Officer C. Police Professionalism 1. A Preliminary Definition 2. Competence and Professionalism D. An Introduction to Police Misconduct 1. Who Was Dirty Harry? 2. Noble Cause Corruption 3. Support for Harry E. Our Ethical Perspective 1. Ethical Formalism 2. Utilitarianism 3. An Ethic to Live By II. Police Professionalism A. The History of Police Professionalism B. Today's Professionalism 1. Systemized Knowledge 2. Education 3. Self-Regulation 4. Self-Disciplining 5. Problem Solving C. Muir's Professional 1. Passion 2. Perspective 4

5 D. Analysis III. IV. The Nature of Police Work A. The Nature of Paradoxes B. An Initial Administrative Paradox C. Paradoxes on the Beat 1. Due Process 2. Stereotyping 3. Discretion 4. Coercive Power 5. Paramilitarism 6. Media Imagery D. Impact 1. Officer Anomie 2. Subcultural Power and Solidarity Why Be Ethical? A. Ethics Makes Us Human 1. Norms, Values, Rules, and Law 2. Why Be Ethical? B. Police Moralizing 1. The Ethical Basis for Discretion 2. Anomie 3. Future Shock C. The Use of Power D. Character as a Focal Point V. Ethical Frameworks A. Character and Virtue B. Moral Judgment 1. Judgments about Possibilities 2. Justice 3. The Good C. Discretionary Decisions and the Idea of Character D. Revisiting the Idea that "The Police Are the Law?" VI. The Development of Character A. Working on It 1. Being Yourself On Purpose 2. Developing One's Own Philosophy B. Emotions as a Form of Understanding 1. Academic Intelligence 2. Emotional Intelligence 3. Emotions and Empathy C. Ethical Perception VII. Ethical Formalism 5

6 A. The Absolutist Schools 1. Duty to God 2. Natural Law 3. Ethical Formalism: Kant's Theory of Duty B. The Strengths of Kant's Absolutism C. A Critique of Kant and Absolutism VIII. Utilitarianism A. Definitions 1. The Happiness of the Majority 2. Individual Happiness 3. The Advantages of Utilitarianism B. The Limitations of Utilitarianism 1. Calculating Good and Evil 2. Minority Rights 3. Equal "Moral Scores" 4. Deterrence: "Punish Anybody" IX. An Ethic to Live By A. The Limits of Kant and Mill 1. Kant: Duty Trumps the Good 2. Mill: What Counts as Good? B. An Ethic to Live By: Maximizing the Good in a Just Way 1. The Principle of Beneficence 2. Implications C. The Principle of Distributive Justice X. Judgment Calls A. Problems of Process 1. When beneficence Conflict with Justice 2. Vagueness and Overbreadth 3. The Harm Principle: What's a Legal Problem? B. Substantive Problems 1. Victimless Crimes 2. American Inequities C. Solving Ethical Dilemmas XI. Types of Police Misconduct A. Standards of Conduct 1. Cops as Legal Actors 2. Cops as Political Actors 3. Cops as Administrative Actors B. Typology of Misconduct 1. Corruption of Authority 2. Police Crime 3. Noble Cause Corruption 4. Ineptitude 5. Personal Misconduct 6

7 XII. The Causes of Police Misconduct A. Generic Deviance 1. Greed, Opportunity, and Chance 2. Rationalizations B. Subcultural Causes C. American Societal Dynamics D. Causal Specificity 1. Dirty Harry Again 2. Ineptitude 3. The Special Case of Excessive Force XIII. Practical Applications A. Leadership 1. The Sergeant 2. The Middle Manager 3. The Chief B. Non-Judicialized Accountability 1. The Academy 2. The Field Training Officer (FTO) 3.. Police Departmental Review Boards C. Police Review Systems 1. Criteria of Evaluation 2. Comparative Police Review Systems 3. Analysis 4. The Ideal Process? D. What Can One Officer Do? E. Character Revisited XIV. The Law Enforcement Code of Ethics A. Code of Ethics 1. A Code Typology 2. The Tone of the Law Enforcement Code B. The Code 1. Ethical Formalism 2. Utilitarianism C. The Code as a "Target" XV. Being a Good Officer A. Education: The Importance of the Liberal Arts 1. The Substance of College 2. The Process of College B. Kohlberg Developing Morality C. Muir and Causing Professionalism D. Being a Good Person E. Final Messages 8. Tentative Schedule: 7

8 Week #1 Course Orientation, Chap 1 Week #2 Chap 2, Chap 3 Week #3 Chap 3, Chap 4 Week #4 Chap 5, Chap 6, Quiz #1: Chaps 1 4 Week #5 Quiz #1 Critique, Chap 7, Chap 8 Week #6 Chap 9, Chap 10 Week #7 Chap 11, Quiz #2: Chaps 5-10 Week #8 Week #9 Week #10 SPRING BREAK NO CLASS Quiz #2 Critique, MID TERM EXAM: Chaps 1-10 Mid Term Exam Critique Chap 12, Chap 13 Week #11 Chap 14, Quiz #3: Chaps Week #12 Quiz #3 Critique Chap 14 Week #13 Chap 15 Week #14 Quiz #4: Chaps Writing Assignment Due Electronic Assignment Due Week #15 9. Requirement for evaluation and grading: Quiz #4 Critique Final Exam, Monday, May , 6:30 P.M. - 8:30 P.M. Two examinations (mid-term and final) and four quizzes will be given at appropriate intervals. Test questions will be based on the texts, Power Point presentations, and lecture material. The final examination is comprehensive and includes information covered throughout the semester. Exams are expected to be taken during their 8

9 scheduled times. Make-up Exams Make-up exams will only be permitted for legitimate reasons and must be taken within one week of the originally scheduled date. Students must contact the instructor in advance if unable to take a quiz or an exam. If not, the student will receive a zero for the exam. Final exams must be taken when scheduled because final grades must be submitted to the registrar within 24 hours. Grading will be as follows: A = 90% - 100% B = 80% 89% C 70% 79% D 60% 69% F 0% - 59% Weighting will be as follows: Quizzes: 20% Mid Term Exam: 30% Writing Assignment 10% Electronic Assignment 10% Final Exam: 30% Please note that attendance and class participation are not part of the stated grading rubric for this course. Since a significant portion of the course material will only be discussed during class periods, lack of attendance and class participation will have a significant negative impact on a student s grade. 10. Writing assignments: Description and Instructions: Students are required to complete the Writing Exercises for five different chapters in the text. This assignment is worth 10% of the total course grade and will be graded on content, organization, and grammar. Text should be single spaced with one-inch margins using a 12 point font. The assignment should include a single title page with the student s name, date, title, instructor s name and course title. Outside sources or the textbook may be used as resources. A.P.A. guidelines should be followed when citing sources. Answer all questions in each Writing Exercise thoroughly and completely The writing assignment is due on the last day of class, Monday, April 17, Example: TITLE PAGE 9

10 Your Name Spring 2015 Assistant Professor Edmond O'Brien CMJ155: Ethics in Criminal Justice Writing Exercises *************************************************************************** *** Chapter 1: Introduction The following is my list of at least 50 necessary skills, knowledge bases, and types of expertise that might be possessed by the modern professional police officer: 1. Ability to use good judgment and to problem solve 2. Capacity for empathy and compassion 3. Capacity for multi-tasking 4. Ability to demonstrate courage and to take responsibility 5. Ability to be resourceful and show initiative 6. Demonstrating assertiveness 7. Possess and demonstrate integrity 8. Capacity for engaging in teamwork and ability to collaborate Scoring Rubric: Writing Assignments Content: 60% Grammar, punctuation, and style: 20% Organization: 10% Research (APA) 10% Writing Center 10

11 If you wish to have additional help on a writing assignment, you may schedule an appointment with a writing conference instructor by going to and clicking on Current Students and then Learning Resources and Writing Conferences. Limited time slots are available, so an appointment is required. If you cannot keep your appointment, it is your responsibility to cancel any writing conferences by using this link. 11. Electronic Assignment: Description and Instructions: Using electronic research methods, you must locate five reported incidents where, in your opinion, a police officer made an ethical or unethical decision. With electronic incident, you must include an explanation as to why you believe the officer's actions were ethical or unethical. Example: Incident #1 Crooked Cop Let Woman Off In Exchange For Oral Sex: Police A Florida sheriff's deputy faces felony charges after officials said he accepted oral sex from a woman in exchange for not arresting her. Ted Arboleda, 32, was arrested Monday. He is charged with unlawful compensation or reward for official behavior. "It's discouraging and demoralizing to the 99.9 percent of the men and women that work so hard and so diligently [for the Broward Sheriff's Office]," Sheriff Scott Israel. "We're not going to tolerate this kind of behavior." The charges stem from an incident that occurred in July 2013, investigators with the Broward County Sheriff's Public Corruption Unit said. Arboleda allegedly spoke with a woman at a Dania Beach gas station and learned that she did not have a valid Florida driver's license. The woman was also found in possession of marijuana and a bottle of prescription medication. The woman, who was on probation, reportedly offered the Arboleda money not to arrest her. Officials said he refused the bribe, but accompanied the woman to her home. The woman let him inside the home and offered him oral sex. "She said something to the effect of, 'I know you won't take the money, but I'll perform oral sex,'" Israel said. 11

12 The Sun-Sentinel reports: Arboleda told the woman he had never done anything like that before but agreed to the sex act, according to the arrest warrant. After the sex act, Arboleda told the woman "he could not believe he agreed" and told her not to tell anyone. He left without arresting her. Police began investigating the case after the woman's boyfriend reported what happened. Officials said they suspect this isn't the first time Arboleda's done this. He's been suspended without pay. ********************************************************************************* *** Based on what you have learned in this course, why were the actions of this officer ethical or unethical? What ethical principles were supported or violated? Scoring Rubric: Electronic Assignment Content: 60% Grammar, punctuation, and style: 20% Organization: 10% Research (APA) 10% 12. Laboratory/Internship/Practical/Field Experience/Clinical Experience, Etc.: Not Applicable. 13. Academic Honesty Policy: Students must comply with the standards of conduct mandated by college policy as outlined in the Appendix of the college catalogue. Any student caught plagiarizing or cheating on an assignment in violation of that policy will not receive credit for that assignment. Discussions will occur before penalties are given. At the discretion of the instructor, the student may also be referred to the Student-Faculty Disciplinary Committee Classroom Etiquette Please place all cell phones and other electronic devices on silent or vibrate mode before class. Text messaging in the classroom is not permitted. If it is necessary to immediately respond to an electronic message, please leave the classroom, make your response, and return to class. No side conversations or other distracting behaviors will be tolerated during class. Please respect others by being 12

13 polite and considerate. Attendance Students are expected to attend class and be on time. If the student is absent, excused or unexcused, more than 5 times for a day class, or 3 times for a night class, the Dean of Students will be advised. If arriving late, please minimize disruption to the class. 14. Emergency Information Statement: In the event of a flu epidemic or other emergency that results in the suspension of classes, faculty will be communicating with students about their courses and course requirements, such as assignments, quiz and exam dates, and class and grading policies, via Blackboard. Students will be responsible for completing all these assignments in accordance with class policies. Information about the resumption of classes will be communicated via the College s website and system. 15. Blackboard Statement: Use of Blackboard in Course Blackboard is being used as a supplementary site in this course. To access course content in Blackboard you need to have access to a computer with an internet connection (other requirements may apply). Computers that meet these requirements are available on campus in the Maynard Technology Center (MTC 200), the Academic and Administration Building (AAB 217), Henson Hall (HH 100), Guerreiri Hall (GH 204), the Workforce Development Center (WDC 305), and the Allied Health Building (AHB 108). Please follow these directions to gain access to the course syllabus, Power Point presentations, and study guides: Login Information 1. From the Wor-Wic home page, point to Quick Links (top-right) and click the Blackboard Login link. 2. Enter your Wor-Wic user ID and password (same user ID and password login that is being used for My Wor-Wic portal and Web Adviser). If you do not know your Wor-Wic user ID and password, contact Student Services. 3. You should then see a list of courses in which you are currently enrolled. Click on the course link for CMJ Find and click on the folder for the course resource you are looking for; i.e., 13

14 course syllabus, Power Point presentations, study guides, etc. Academic Integrity and Computer Usage Policy All students logging into Blackboard affirm that they understand and agree to follow Wor-Wic Community College policies regarding academic integrity and the use of College resources as described in the college catalog. Wor-Wic considers the following as violations of the usage policy: 1. Using the campus computer network and facilities to violate the privacy of other individuals. 2. Sharing of account passwords with friends, family members, or any unauthorized individuals. Violators are subject to college disciplinary procedures. 16. Course Evaluations: This course is participating in a college-wide project to investigate converting the end-of-course evaluation from a paper to an online process. The College has selected SmartEvals as the vendor with whom to conduct the pilot. SmartEvals maintains the highest level of security with the evaluation information and the information resides only on SmartEvals' computer servers. Faculty are unable to identify individual evaluations and any data which has the potential to reveal the identity of a student (i.e. the only male in a class) is blocked from viewing. Please disable your pop-up blockers on your internet browser in order to access the evaluation. Your cooperation in completing the online evaluation at the designated time is greatly appreciated. The results from the course evaluation provide valuable feedback to your instructor in order to make change as needed with curriculum and teaching. Please direct any questions about the online course evaluation system to Hope Ellis at hellis@worwic.edu. SmartEvals will be available for this course on April 13, 2015, and must be completed by April 27, Services For Students with Disabilities: Wor-Wic Community College provides reasonable accommodations for students with disabilities, in compliance with the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of If you are in need of accommodations, please contact the counseling office at (410) For more information, see Wor-Wic's Services for Students with Disabilities web page. 14

15 18. On Your Mark Class time will involve both lecture and class discussions covering subjects in the text and outside materials. Students are expected to complete all assigned reading prior to class and be prepared to ask or answer questions regarding the material covered. Students are expected to participate actively in class discussions, attend all classes, and be on time. Regular attendance and participation are the best ways to ensure your success in this course. If a student experiences any course-related problems throughout the semester, he/she should feel free to contact me at any time. The student may call, send an e- mail, stop by my office, or meet with me before or after class. I look forward to working with you this semester. 19. Criminal Justice Club. The purpose of the club is to provide Wor-Wic Community College students with more information on the different career choices in Criminal Justice, and to help network with those who are already working in the field of Criminal Justice, as well as those who are considering careers in Criminal Justice fields. It is also intended as a way for students to keep in touch with issues and current events that have a direct relation to Criminal Justice, and to expand students knowledge in different specialized areas that pertain to Criminal Justice. Membership in the Criminal Justice Club is open to all students at Wor-Wic Community College who have enrolled in credit classes. There are two types of membership. One is a general membership that allows students to attend meetings and participate in club events, and the other is a voting membership. The requirements for the voting membership are that a student must attend at least three Criminal Justice Club meetings, and that a student must volunteer for at least one Criminal Justice Club event. Current members of the Criminal Justice Club Executive Board are Molly Weschler (President), Donna Johnson (Vice-President), Courtney Richardson (Treasurer), and Charlene Wilson (Secretary). Ed O Brien is the faculty advisor. Nominations for new Executive Board officers will take place in March and an election will be held in April. Open meetings are usually held every other Tuesday from 4:30 P.M. to 5:30 P.M. in Room 203 of Guerrieri Hall. Recent guest speakers at club meetings during the Fall 2014 session were Public Safety Officer Jim Rehbein of the Wor-Wic Community College Department of Public Safety, Corporal Vance Row and Sergeant Dennis Eade of the Ocean City Police Department, Wicomico County Sheriff Mike Lewis, Police Officer Jason Sander and his K-9, "Hank," from the Salisbury Police Department, Sergeant Michael Mann of the Maryland State Police Aviation Command, and Demetra Copeland from the Life Crisis Center. At most of 15

16 our meetings, we usually have free pizza, bread sticks, and soft drinks, so please make an effort to stop by. During the Fall 2014 session, the club also sponsored field trips to the Office of the Chief Medical Examiner in Baltimore, Maryland, and the FBI Academy in Quantico, VA. For the Spring 2015 session, the club is planning a field trip to the United States Holocaust Memorial Museum in Washington, DC. Below is a link to the Wor-Wic Community College Criminal Justice Club Facebook page: Keep in touch and stay informed about upcoming meetings, activities, and field trips. The Criminal Justice Club is an organization of Wor-Wic Community College students for Wor-Wic Community College students, and we encourage you to post your thoughts, ideas, and suggestions. 16