seminar 4: the role of ethics and morality in the legal system cj233: introduction to forensic...

Seminar 4:The Role of Ethics and Morality in the Legal System

CJ233: Introduction to Forensic Psychology

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*REMINDER*

•Just a reminder, you have a Midterm Examination consisting of multiple choice and true or false questions. This exam is to be taken during Unit 5. It is not going to be available after the conclusion of Unit 5 (Tuesday evening)


SEMINAR 4

•Are there any questions regarding current Unit (4) or the chapters for this Unit (2 and 15)?


SEMINAR 4

•What do I have to do to complete this unit?•Read Chapter 2 and Chapter 15 in Wrightsman’s Psychology and the Legal System: Psychology of Crime

•Attend weekly Seminar or complete alternate assignment •Make postings to both Discussion Board questions•Prepare for the Unit 5 Midterm Exam•Complete the Learning Activities•Review Extra! Extra!•Review Unit Summary


Unit 4 Seminar Topic:The Role of Ethics and Morality in the Legal System

• Moral issues often play a role in the handling and disposition of legal cases. Sometimes these moral principles are in harmony with the law, and other times they are in conflict.

• In this seminar, we will discuss the following:- Possible scenarios in which morality and legality might conflict

- Ethical dilemmas in the criminal justice system

- The public’s current attitude toward juvenile offenders



What is Morality?



What is Morality?

Morality is the conformity to ideals of right human conduct


QUESTION

If someone is suffering from a terminal illness and pleads to have someone kill them is this murder?

Is this premeditated murder – 1st degree Murder

Should this carry the same penalties?

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WHO IS THIS MAN?

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DR. JACK KEVORKIANConvicted for Second Degree Murder served 8 years of his sentence

This is a court of law and you said you invited yourself here to take a final stand. But this trial was not an opportunity for a referendum. The law prohibiting euthanasia was specifically reviewed and clarified by the Michigan Supreme Court several years ago in a decision involving your very own cases, sir. So the charge here should come as no surprise to you. You invited yourself to the wrong forum. Well, we are a nation of laws, and we are a nation that tolerates differences of opinion because we have a civilized and a nonviolent way of resolving our conflicts that weighs the law and adheres to the law. We have the means and the methods to protest the laws with which we disagree. You can criticize the law, you can write or lecture about the law, you can speak to the media or petition the voters.“ Judge Jessica Cooper

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EUTHANASIA

The act of killing an individual for reasons that are considered merciful.

What are issues with euthanasia?

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PUNISHMENT

Should someone who voluntarily, willfully and with premeditation assists in killing another human always be punished?

Legality versus people’s perceptions of what is moral, ethical and just…

Oregon and Washington only two states that allow for assisted suicide for terminally ill patients.

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MORALITY V LEGALITY

Your brother is involved in an accident and is paralyzed from the waist down. He begs you to kill him. This is verified by family members.

You kill him and immediately turn yourself in..

What should you be charged with? Your brother did not have the means or ability to carry out suicide on his own.

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What is Legality?



What is Legality?

Legality is attachment to or observance of law or obligations imposed by law



Morality comes into play in regards to Judges decisions:

1)Black Letter Law- Laws defined by the books-straight forward interpretation of the book

VS.

2) Judgments based on our personal and moral values

Example: Euthanasia-which is the act of killing another individual to remove them from misery. Also known as assisted suicides.

Lester Zygnmanik- Mercy killing of his brother. 1973


INTENT

If an offender tries and fails to commit a crime, should they be held to the same standard as someone who successfully completes the crime?

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EXAMPLE

If you put $50.00 of gas in your car and drive off not paying by accident are you guilty of theft to the same degree as someone who intentionally did not pay?

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INTENT

If you forget to drop off your child at daycare and drive straight to the office, leaving your child in the car on a 100 degree day. Should you be charged with murder if your child dies?

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INTENT

According to the Model Penal Code – an offender who tries but fails is just as culpable as an offender who tries and succeeds.

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•Intent

-A major aspect of all crime is the intent of the offender. This will tell us much about whether it was a criminal act or not (guilt), or help in the determination of sentencing.

Intent is very hard to determine, especially with any degree of scientific certainty.


ATTRIBUTION THEORY

Attributions to why someone commits crime is seen in three dimensions:

Internality- Whether we explain the cause of an event as due to something within ourselves or the environment.

Stability- Whether we see the cause of a behavior as enduring or merely temporary.

Globalness- Whether we see the cause as specific to a limited situation or applicable to all situations.

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•Model Penal Code -1960 Most states use this as a standard -This simply states that attempted acts should be treated the same as those criminal acts that were completed.

-Attempted murder-Attempted car-jacking

This is based upon the fact that it does not matter if the act was completed, the INTENT was still there to commit the crime.



RESEARCH 1996 DARLEY, SANDERSON & LAMANTHA

In situation where a person has only take preliminary actions the degree of guilt is seen as less.

Dangerous proximity to the crime -punishments increase. But only half feel the degree of guilt is the same as a completed crime.

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• Examples of situations where a behavior or

action could be considered legal but immoral?



• Examples of situations where a behavior or

action could be considered illegal but moral?


LAW AND THE COMMUNITY

What prohibition repealed because of community morals were not inline with the law?

For the law to have any authority, it must be consistent with people’s shared sense of morality. When that consistency is lacking, citizens may feel alienation from authority and become less likely to comply with laws they perceive as illegitimate.

( Darley, Fulero, Haney & Taylor 2002)

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LAWS AND THE COMMUNITY

If people receive procedural fairness and trustworthiness then they are more willing to accept decisions made by judges and police officers.

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UNIT 4 SEMINAR TOPIC: COURTS

•Problem-Solving Courts – The premise of problem-solving courts is that the legal system should help troubled individuals cope with the problems that brought them to court. This approach, in which the law is used as a vehicle to improve the lives of those enmeshed in it, is called therapeutic jurisprudence. Examples of problem-solving courts include juvenile courts, women’s courts (now an outdated concept), drug courts, mental health courts, homeless courts, and family courts.

•Juvenile Court is the oldest form of problem-solving court (Chicago, 1899).


ADVERSARIAL SYSTEM

What characteristic make our justice system an adversarial system?

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ADVERSARIAL SYSTEM

Adversarial system-•A system of resolving disputes in which the parties, usually represented by counsel.•Argue and present evidence •Heard before a neutral fact finder, who makes a decision based on the evidence and arguments presented by the parties

•as distinguished from an inquisitorial system, in which the fact finder takes an active part in determining what occurred.

•Adversarial system led to less biased decisions that were more likely to be seen as fair by the parties in the dispute.

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ALTERNATIVE DISPUTE RESOLUTION

Alternative Dispute resolution involves the use of a third person, or persons to help resolve the controversy.

•Non Binding Arbitration - •A procedure that resembles the trial process procedures where evidence is presented and argued and an arbitrator makes a decision. However, if one party is dissatisfied with the decision they can ask for the case to be tried before a judge or jury.

•Mediation- •Action in mediating between parties, as to effect an agreement or reconciliation.

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UNIT 4 SEMINAR TOPIC: JUVENILE COURTS

• There was a distinction made within the Criminal Justice field in the late 19th century when the juvenile courts were first established. Illinois established the first juvenile court system. By 1940 all but 3 states had made the same implentations

• It was thought that juveniles should not face the same punishments as adults.


JUVENILE OFFENDERS

What make juveniles different from adults?

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•Differences between Adults and Juveniles-Cognitive development

-The human brain is not fully developed at birth, in fact the brain continues to grow until about 21 years of age

-The last part of the brain to develop is the frontal lobe.-Ability to formulate decisions- Impulse control-Executive functioning-Responsibility-Suggestibility (peer pressure)

-Physical development-Hormonal changes-Physical ability


EFFECTIVE STRATEGIES FOR JUVENILES

Successful programs-

Address strong risk factors ( substance abuse, family problems and educational problems)

Involve long-term treatment often lasting longer than a year

Intensive to target for treatment and often use a clinical approach.

Follow cognitive / behavioral strategies

Multimodal and multicontextual ( use of different interventions and deliver them in different context such as home and school)

Focus on improving social competency and other skill development strategies for targeted youth and/or their families.

Delivered in coercive institutional settings

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JUVENILE ASSESSMENTS

SAVRY- Structured Assessment of Violence Risk in Youth-

Historical factors, nature of current and previous offense, family peers, school.

Personal factors- substance abuse, anger, impulsivity, callousness, attitudes towards intervention, offending and authority.

RISK SOPHISTICATION – TREATMENT INVENTORY- also includes influences related to risk and risk – relevant treatment needs . Sophistication – youth’s adeptness and adult-like attitudes regarding offending.

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•Juvenile Offenders

-Juvenile Justice System (history)

-Sanctioning Juvenile Offenders (same punishment as adults? Death penalty? (In re. Gault case)

-Miranda Capacities of Juveniles (capacity to understand Miranda?

-Adjudicative Competence of Juveniles (competence to stand trial)


GAULT DECISION

1967 the US Supreme Court ruled that held that juveniles accused of crimes in a delinquency proceeding must be afforded many of the same due process rights as adults, such as the right to timely notification of the charges, the right to confront witnesses, the right against self-incrimination, and the right to counsel.

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JUVENILE HISTORY

•There has been a troubling shift in the nation’s responses to at-risk youth over the past 25 years. The creators of the juvenile justice system originally viewed it as a system for providing prevention, protection, and redirection to youth, but it is more common for juveniles today to experience tough sanctions and adult-type punishments instead. While reforms are underway in many places, there remains an urgent need to reframe our responses to juvenile delinquency.

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JUVENILES HELD IN ADULT PRISONS/JAILS

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MILLER V ALABAMA

• On June 25th, 2012, the United States Supreme Court ruled in Miller v. Alabama that mandatory life-without-parole sentences for all children 17 or younger convicted of homicide are unconstitutional. As a result of the ruling, an estimated 2,100 individuals now will be able to have their cases revisited to allow for individualized sentencing determinations.

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• Questions of Juveniles

1) Ability to comprehend and waive Miranda

2) Ability to be competent to stand trial

3) Ability to conform behaviors to the law



• Juveniles’ Right to Self-determination-Do children have the capacity to make independent choices, and therefore exercise control over their environment, or should legal choices be made for them in a traditional “protection” model?

-Where do the legal rights of children start and stop? Should parents have rights to make choices for children?



• Child Witnesses – A long section of your text discusses many issues surrounding Child Witnesses. Issues include:

-Reliability of Children’s Eyewitness Memories-Research is difficult but reliability is not a factor as much as children are easily coached

-Children as Witnesses in Sexual Abuse Cases-States have made exceptions for witnesses allowing video tape interviews and testimony through one way screens.

-The Effects of Suggestive Questioning-Leading questions are not permitted for witnesses under the age of 10

-Is Suggestive Questioning Necessary?-Child Witnesses in the Courtroom-Courtroom Modifications for Child Witnesses


ADDITIONAL RESOURCES:

•Here is a link to a website dealing with juvenile justice and the problems stemming from sentencing those juveniles who offend. You might also want to check out to the rest of the website.

http://www.sentencingproject.org/template/page.cfm?id=184

•Another resource is the following article which is located on FindLaw and provides information about Juvenile waiver to adult court. This site is a good one to use for projects etc… and you might want to view the rest of the juvenile issues on the right side of the screen.

http://criminal.findlaw.com/crimes/juvenile-justice/juvenile-waiver.html


SEMINAR 4

•Are there any final questions regarding current Unit (4) or the chapter for this unit (Chapters 2 or 15)?

seminar 4: the role of ethics and morality in the legal system cj233: introduction to forensic...

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