Identify a current ethical dilemma in criminal justice ✓ Solved

Criminal justice is a complex system that encompasses various entities, including law enforcement, the courts, and correctional institutions. One of the most pressing ethical dilemmas currently facing this system is the issue of arrest-related deaths (ARD). ARD refers to the deaths of individuals during or following their interaction with law enforcement, which includes apprehension or use of force. These incidents have raised concerns over the excessive use of force, accountability of law enforcement officers, and the overall handling of suspects, regardless of their legal status.

This ethical dilemma significantly impacts various stakeholders, including the victims’ families, communities, law enforcement agencies, and the judicial system. For the victims' families, the loss of a loved one under questionable circumstances leads to grief, anger, and demands for justice. Communities are also affected as public trust in law enforcement diminishes, resulting in increased tensions and challenges in maintaining law and order. Law enforcement agencies face scrutiny regarding their practices and the ethics of their operations, which may lead to a loss of credibility and public support.

The ethical dilemma primarily arises from the conflict between the law enforcement's mandate to maintain order and the fundamental rights of individuals being arrested. While police officers are trained to serve and protect public safety, excessive force or unethical practices lead to loss of life and violations of civil rights. This situation presents a moral quandary as it pits the need for law enforcement against the rights and dignity of individuals, who should be presumed innocent until proven guilty.

Approaching the Ethical Dilemma

To address the ethical challenges posed by arrest-related deaths, various ethical frameworks can be utilized, including deontology, Kantian ethics, and virtue ethics. Deontology, founded by Immanuel Kant, emphasizes that actions must be guided by moral rules that uphold the inherent dignity of all individuals. According to this view, law enforcement officers must treat every individual with respect, regardless of the circumstances. Officers who resort to excessive use of force during arrests violate the rights of civilians and, as such, their actions are ethically indefensible. To mitigate this issue, training programs focused on ethical decision-making, the importance of de-escalation techniques, and respect for civil rights should be implemented across law enforcement agencies.

Kantian ethics underscores the imperative to treat individuals as ends in themselves rather than as means to an end. Law enforcement officers should recognize that their role is to serve the public, not to impose punishment during arrest. Officers should be held to high standards of accountability. Establishing independent review boards to investigate incidents of arrest-related deaths could be a means of ensuring accountability and transparency in law enforcement practices. Such boards would serve as an external check on the actions of police officers, reinforcing the principle that every civilian deserves to be treated fairly and justly.

Virtue ethics, on the other hand, emphasizes the character of individuals and the importance of moral virtues. Officers should be encouraged to develop virtues such as compassion, justice, and prudence. Programs aimed at fostering these values and emphasizing the importance of ethical behavior would benefit law enforcement agencies. Engaging officers in community service, restorative justice practices, and training that focuses on empathy can shape the culture within law enforcement toward one that prioritizes the well-being of the public.

Conclusion

The issue of arrest-related deaths presents a significant ethical dilemma in the criminal justice system. Addressing this complex issue requires an acknowledgment of the moral responsibility of law enforcement to uphold the rights and dignities of all individuals, regardless of their circumstances. Through the application of deontological, Kantian, and virtue ethics principles, law enforcement can take tangible steps towards reducing incidents of excessive force and ensuring accountability within their ranks. Ultimately, creating a culture of transparency, compassion, and ethical responsibility within law enforcement agencies can help rebuild public trust and reduce the occurrence of tragic loss of life during arrests.

References

  • Arrest-related deaths program: Pilot study of redesigned survey methodology. (2019).

  • Barker, T. (2020). Law enforcement-perpetrated homicides: Accidents to murder.

  • Hattis, S. H. (2020). Crime in the United States 2020.

  • Winfree, L. T., & Mays, G. L. (2019). Introduction to criminal justice: The essentials. Aspen Publishers.

  • Kant, I. (1785). Groundwork for the Metaphysics of Morals.

  • Rawls, J. (1971). A Theory of Justice.

  • Beauchamp, T. L., & Childress, J. F. (2012). Principles of Biomedical Ethics. Oxford University Press.

  • Thompson, M. M. (2019). Ethics in Policing: Navigating Complex Decisions. Police Chief Magazine.

  • Shapiro, C. (2016). Law, Ethics, and Misconduct in the Criminal Justice System. Journal of Criminal Justice.

  • Loader, I., & Sparks, R. (2004). Public Criminology? Criminal Justice Matters.