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Criminal Justice Ethics

Criminal Justice Ethics - 01 edition

ISBN13: 978-0130851291

Cover of Criminal Justice Ethics 01 (ISBN 978-0130851291)
ISBN13: 978-0130851291
ISBN10: 0130851299
Cover type: Paperback
Edition/Copyright: 01
Publisher: Prentice Hall, Inc.
Published: 2001
International: No
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Criminal Justice Ethics - 01 edition

ISBN13: 978-0130851291

Paul Leighton and Jeffrey Reiman

ISBN13: 978-0130851291
ISBN10: 0130851299
Cover type: Paperback
Edition/Copyright: 01
Publisher: Prentice Hall, Inc.

Published: 2001
International: No

This collection of thought-provoking, easy-to-read essays articulates drastically different moral beliefs about the relationship between criminal justice and social justice, and the importance of ethical behavior of individuals working in the system. The essays--which include hypothetical cases as well as actual court opinions--show readers how moral beliefs are examined and defended, and encourage them to examine and defend their own positions. In many cases, the articles present different sides of an issue, often in the form of direct debates between experts (e.g., feminist scholar Catherine MacKinnon on prostitution law vs the International Committee for Prostitutes' Rights and its ''World Whores' Congress Statements''; O.J. Simpson attorney Johnnie Cochran vs Yale Law Professor Akhil Reed Amar). Often includes articles that argue for unpopular or unusual positions. An introduction on ethical reasoning and ethics pedagogy is followed by sections on the nature of criminal guilt, law making, law enforcement, judicial processing, punishment and emerging issues (technology and media). Issues addressed include Drug Legalization; Prostitution; Corporate Violence; Hate Crimes; Abortion; Police Ethics; Deception & Influence; Selective Enforcement; Lawyers Ethics; Plea Bargaining & Due Process; Treatment of Inmates; Death Penalty; Cyberspace; and Media. Includes resources on professional Code of Ethics. For anyone involved in/with the criminal justice system.

Table of Contents


Jeffrey Reiman, Criminal Justice Ethics. Robert Nash, Teaching Ethics Ethically.

1. Moral Foundations of Criminal Guilt.

David Bazelon, The Morality of the Criminal Law. Bill Lawson, Crime, Minorities, and the Social Contract. Jean Hampton, Mens Rea.


Leo Katz, The Crime that Never Was: A Fake Opinion in a Fake Case Involving Fakes.

2. What Should Be a Crime?


Joel Feinberg, excerpts from Social Philosophy. David A. J. Richards, The Moral Foundations of Decriminalization.


Drug Legalization:

Arnold Trebach and James Inciardi, excerpts from Legalize It? Debating American Drug Policy.


In re P: let the 14-Year Old Go, the Prostitution Laws Are Unconstitutional. Catherine MacKinnon, Prostitution and Civil Rights. International Committee for Prostitutes' Rights World Charter and World Whores' Congress Statements.

Corporate Violence:

Jeffrey Reiman, A Crime by Any Other Name ... American Medical Association, The Brown and Williamson Documents: Where Do We Go From Here? Stanton Glantz, et al, Looking Through a Keyhole at the Tobacco Industry.

Hate Crimes:

Wisconsin v. Mitchell, A Few Opinions on Sentencing Enhancement for Hate Crimes.


Don Marquis, Why Abortion Is Immoral. Jeffrey Reiman, Abortion, Infanticide, and the Asymmetric Value of Human Life. Don Marquis, Reiman on Abortion. Jeffrey Reiman, Abortion, Infanticide, and the Changing Grounds of the Wrongness of Killing: Reply to Don Marquis's ''Reiman on Abortion''.

3. Moral Problems in Policing.

Police Ethics:

John Kleinig, Ethics and Codes of Ethics.

Deception & Influence:

Jerome H. Skolnick and Richard A. Leo, The Ethics of Deceptive Interrogation. Gary T. Marx, Under-the-Covers Undercover Investigations: Some Reflections on the State's Use of Sex and Deception in Law Enforcement. Carl B. Klockars, The Dirty Harry Problem.


US v Tobias: It Is Not Entrapment for an Undercover Officer to Tell the Defendant That Making PCP Is as ''Easy as Baking a Cake''.

Selective Enforcement:

John Kleinig, Selective Enforcement and the Rule of Law. Jeffrey Reiman, Against Police Discretion: Reply to John Kleinig.

4. Moral Issues in Judicial Processing and Jurisprudence.

Lawyers' Ethics:

Paul Haskell, The Behavior of Lawyers. Ted Schneyer, Moral Philosophy's Standard Misconception of Legal Ethics.

Plea Bargaining & Due Process:

Akhil Reed Amar and Johnnie T. Cochran, Jr., Do Criminal Defendants Have too Many Rights? Kenneth Kipnis, Criminal Justice and the Negotiated Plea. The Hon. Jack B. Weinstein, Considering Jury ''Nullification'': When May and Should A Jury Reject the Law to Do Justice?

5. Penology.

Treatment of Inmates:

Graeme Newman, excerpts from Just and Painful. Tessa M. Gorman, Back on the Chain Gang: Why the Eighth Amendment and the History of Slavery Proscribe the Resurgence of Chain Gangs.

Death Penalty:

Stephen Nathanson, Is the Death Penalty What Murderers Deserve? Jeffrey Reiman, Against the Death Penalty. Ernest van den Haag, A Response to Reiman and Nathanson. National Council of the Churches, Abolition of the Death Penalty. Council on Ethical & Judicial Affairs, American Medical Association, Physician Participation in Capital Punishment. Marianne Kastrup, Psychiatry and the Death Penalty.

6. Emerging Issues.


Laurence H. Tribe, The Constitution in Cyberspace: Law and Liberty Beyond the Electronic Frontier. Jeffrey H. Reiman, Driving to the Panopticon: A Philosophical Exploration of the Risks to Privacy Posed by the Highway Technology of the Future. Nadine Strossen and Ernie Allen, Megan's Law and the Protection of the Child in the On-Line Age.


Julian Dibble, A Rape in Cyberspace: Or How an Evil Clown, A Haitian Trickster Spirit, Two Wizards, and a Cast of Dozens Turned a Database into a Society. Debra Seagal, Tales from the Cutting-Room Floor: The Reality of ''Reality-Based'' Television. Paul Leighton, Fear and Loathing in an Age of Show Business: Reflections on Televised Executions.

Appendix: Professional Code of Ethics.