Week Three

1
Week Three

• Principle Based or Rule Based?
• Can you make enough rules to control everyone?

2
Draft Ethical Framework

• Assess situation/Determine if more information is
  possible.
• Organize key issues of the problem.
• Think of options/possible solutions.
• Weigh pros and cons of decision.
• Prioritize.
• Decision.
• Implement.
• Evaluate impact.

3
Principles of Justice

• Richard Wright

4
Equal Dignity of Persons

• Every individual member of the human species, as
  a rational being, has the dignity of being a
  person.
• This dignity flows form the consciousness of
  ones choosing and acting self as a
  self-determining being.
• The ultimate good for any person is fulfillment.
  

5
Common Good

• A state is a community of families and
  aggregations of families in well-being.
• Such a community can only be established among
  those who live in the same place and intermarry.
  
• A person alone cannot be self-sufficient, not
  only because of individual needs and common
  interests, but also because man is by nature a
  political (social) animal.
• Equal freedom theory focuses on the promotion of
  each persons equal freedom to pursue a morally
  meaningful life.

6
Justice and Law

• Each person has the right, indeed the ethical
  duty, to assert her moral worth in interactions
  with others by, among other things, resisting
  non-rightful coercion by those others.

7
What is Morality?

• Michael Perry

8
Morality is

• The set of duties to others (not necessarily just
  other people the duties could run to animals as
  well, or importantly, to God) that are supposed
  to check our merely self-interested, emotional,
  or sentimental reactions to serious questions of
  human conduct.
• Acting to serve to serve the welfare of others,
  especially strangers and, sometimes, the sole
  reason is religiously based reason it is,
  moreover, a reason that appeals directly to ones
  emotional concern for the Other, as
  sister/brother.

9
Morality is

• Reasons
• Morality demands that one do so (an act to assist
  another).
• One would be acting irrationally if one chose to
  not do so.
• Innate human altruism.

10
Elements of Ethical Reasoning What needs to be
taken into account.

• Purpose goal, objective.
• Question at issue problem, issue.
• Information data, facts, observations,
  experiences.
• Interpretation and Inference conclusions,
  solutions.
• Concepts Theories, definitions, axioms, laws,
  principles, models.
• Assumptions presupposition, taking for granted.
• Implications and Consequences what may happen.
• Point of View frame of reference, perspective,
  orientation. What should happen.

11
Process(one Concept)
Define the Situation 1
4 Choose Loyalties Decide where your loyalties
lie - To your organization, the community,
society? conflicts?
2 Identify Values Determine your personal,
along with those of the organization and the
community served.
3 Apply Ethical Principles Examine
various Ethical principles And see which best To
the situation.
12

• An ethical framework.
• 1) Cases that follow
• Framework
• (continue)

13
Case Series (Power Point)

• Class divide into established groups.
• Group discuss.
• Report back to class.
• Decision
• How did you make the decision?
• The process of decision making, apply what you
  developed last time.
• Complete Group Activity Report.
• (Sexual Assault Case)

14
End of ExerciseStop
15
History of Ethics

• An overview of what others have said and thought.

16

• The Masters

17
Ethics Hall of Fame
Nature of Reality (Aristotle) (3)
Nature of Morality (Which Morality) (4)
Goodness (The Choices) (5)
Actions And (6) Consequences (Utilitarianism)
Intellect And Truth (Plato) (2)
Determinism And (7) Intentionalism (Beyond
Control)
The Ethical Person (Today?) (8)
Knowledge and Reasoning (Socrates) (1)
Ethics Hall of Fame
18
Ethics Hall of Fame
Nature of Reality (Aristotle) (3)
Nature of Morality (Which Morality) (4)
Goodness (The Choices) (5)
Actions And (6) Consequences (Utilitarianism)
Intellect And Truth (Plato) (2)
Determinism And (7) Intentionalism (Beyond
Control)
The Ethical Person (Today?) (8)
Knowledge and Reasoning (Socrates) (1)
Ethics Hall of Fame
19
Socrates469 B.C. 399 B.C.

• Raised questions about the meaning of life.
• Challenged people to rethink and reasons their
  lives rationally.
• Believed that an unexamined belief is not worth
  following.
• Socratic Reasoning
• What is it?
• What is it good for?
• How do we know?

20
Socrates469 B.C. 399 B.C.

• A Life Unexamined is Not Worth Living how
  applied to our situation?
• A belief unexamined is not worth following?
• A policy unexamined is not worth executing?
• A practice unexamined is not worth adhering to?
• We need to see that all citizens have liberty and
  justice?
• Call attention to system failures?

21
Socrates469 B.C. 399 B.C.

• What is it?
• What is it good for?
• How do we know?

22
Ethics Hall of Fame
Nature of Reality (Aristotle) (3)
Nature of Morality (Which Morality) (4)
Goodness (The Choices) (5)
Actions And (6) Consequences (Utilitarianism)
Intellect And Truth (Plato) (2)
Determinism And (7) Intentionalism (Beyond
Control)
The Ethical Person (Today?) (8)
Knowledge and Reasoning (Socrates) (1)
Ethics Hall of Fame
23
Plato428 348 B.C.

• Platos hierarchy
• - Reasoning (top)
• Scientific Knowledge
• Belief
• Conjecture and Imagination
• Reasoning transcends science and overrides its
  investigatory value.

24
Plato

• Morality and Justice
• If you want justice you must be moral.
• The Supremacy of Knowledge
• There is no convincing evidence that absolute
  truths exist at all.
• Even if these truths exist, there is no
  demonstrable way by which they could be learned
  and applied in a uniform manner.
• There is no guarantee that philosophy-kings would
  not be corrupted at a later date, given the
  absolute power they would be able to wield.

25
Plato

• The Tripartite Soul and Achievement of Justice
• Spirit (passion), appetite (desire), and reason,
  (intellect).
• The Idea of Goodness
• Goodness is higher than virtue.
• Platos Theory of Ideals, Forms and Essences.
• There are absolute moral truths

26
Ethics Hall of Fame
Nature of Reality (Aristotle) (3)
Nature of Morality (Which Morality) (4)
Goodness (The Choices) (5)
Actions And (6) Consequences (Utilitarianism)
Intellect And Truth (Plato) (2)
Determinism And (7) Intentionalism (Beyond
Control)
The Ethical Person (Today?) (8)
Knowledge and Reasoning (Socrates) (1)
Ethics Hall of Fame
27
Aristotle384 322 B.C.

• Nature of Philosophical and Political Inquiry.
• There is an ultimate good.
• Happiness and the Concept of Eudemonia.
• (Eudemonia) concept of well-being.
• Moral Character as the Temple of Virtue
• Character temple of virtue

28
Aristotle384 322 B.C.

• Moral Character as the Activity of the Soul.
• The soul is divided in three parts sensation,
  desire and reason.
• Moral Virtues and the Golden Mean.
• Between the ends of inadequacy and excessiveness.

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Aristotle384 322 B.C.

• Moral Development as the Actualization of
  Potential.
• Moral character grows from modest means as the
  acorn into the Oak tree.
• Mans Three Dimensions, a Profile of Moral
  Character.
• Knower of truth
• Doer of goodness
• Maker of beauty

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Aristotle384 322 B.C.Aristotles Rules of
Syllogism

• Major Premise
• Minor Premise
• Conclusion

• All humans are mortal
• Socrates is a human
• Socrates is mortal

31
Ethics Hall of Fame
Nature of Reality (Aristotle) (3)
Nature of Morality (Which Morality) (4)
Goodness (The Choices) (5)
Actions And (6) Consequences (Utilitarianism)
Intellect And Truth (Plato) (2)
Determinism And (7) Intentionalism (Beyond
Control)
The Ethical Person (Today?) (8)
Knowledge and Reasoning (Socrates) (1)
Ethics Hall of Fame
32
Morality and Ethics

• Ethics is a philosophy that examines the
  principles of right and wrong, good and bad.
• Morality is the practice of these principles on a
  regular basis, culminating in a moral life.

33
Morality and Ethics

• Standards of morality are not formulated by a
  legislative act, nor are moral standards subject
  to review by a court of law.
• Immoral acts are sanctioned by words or gestures
  of social disfavor, disapproval, or ostracism,
  illegal actions are punishable by legal
  sanctions.

34
Morality and Ethics

• Situational Views of Morality
• Sophists argued that
• All things are the creation of ones
  consciousness at the moment.
• The individual is the measure of all morals.
• Things are not what one says they are.
• All truths are relative to the social, cultural,
  and personal predisposition of the individual.
• (all things are relative?)

35
Morality and Ethics

• Situational Views of Morality
• (The ends of liberty and justice that justify
  actions in one situation may not justify it in
  another Mississippi Burning?)
• The values of goodness, truth, and humanity are
  all neutral.
• One persons moral judgment is as good as
  anothers.
• Morality depends on who one is, where one is, and
  the point at which a decision is made.
• Spiritual and philosophical doctrines are
  non-binding and, therefore, of no particular
  significance.

36
Ethics Hall of Fame
Nature of Reality (Aristotle) (3)
Nature of Morality (Which Morality) (4)
Goodness (The Choices) (5)
Actions And (6) Consequences (Utilitarianism)
Intellect And Truth (Plato) (2)
Determinism And (7) Intentionalism (Beyond
Control)
The Ethical Person (Today?) (8)
Knowledge and Reasoning (Socrates) (1)
Ethics Hall of Fame
37
Goodness and Choice

• The question is all goodness equal?
• Enforcement of all laws.
• Ignoring the acts of ones workers that are
  illegal, or unethical?
• Intrinsic objects, actions, or qualities that
  are valuable in themselves.
• Non-intrinsic are objects, actions, or qualities,
  the value of which depends upon serving as a
  means for bringing about or maintaining an
  intrinsic good, (money, food, discipline and
  personal loyalty).

38
Goodness and Choice

• Intrinsic good supersedes non-intrinsic good
• Personal loyalty is a non-intrinsic value that
  only serves the need to maintain discipline.
  Honesty, on the other hand, is an intrinsic value
  that is good in itself. (think of the Watergate
  scandal, or Enron)
• Levels of goodness (or evil) are hierarchically
  ranked.
• A lower-grade good cannot be justified in the
  presence of a higher-grade good. Judging grades
  of happiness, there is the physical, emotional
  and intellectual level with intellectual being
  the highest.

39
Goodness and Choice

• Killing
• Self defense? (probably highest level of
  agreement in class?)
• Euthanasia (the Florida case) How does one
  decide (level of agreement)?
• Abortion (level of agreement)?
• Capital punishment (level of agreement)?
• Who is right? Why are they right?

40
Ethics Hall of Fame
Nature of Reality (Aristotle) (3)
Nature of Morality (Which Morality) (4)
Goodness (The Choices) (5)
Actions And (6) Consequences (Utilitarianism)
Intellect And Truth (Plato) (2)
Determinism And (7) Intentionalism (Beyond
Control)
The Ethical Person (Today?) (8)
Knowledge and Reasoning (Socrates) (1)
Ethics Hall of Fame
41
Actions and Consequences

• Good actions that lead to good consequences.
• Bad actions that lead to bad consequences.
• Bad actions that lead to good consequences.
• Good actions that lead to bad consequences.
• (continue)

42
Actions and Consequences

• Cases One and Two are relative simple.
• The other two are not.
• Bad Actions/Good Consequences
• Physical discipline leading to better behavior of
  a child?
• Dropping of the atomic bomb on Japan?
• Disciplining of employees on the job?
• Others?
• Good Actions/Bad Consequences
• Giving money to a street person?
• Others?

43
Actions and Consequences

• Utilitarianism
• Act-utilitarianists judge the morality of an
  act only on the basis of its propensity to
  produce happiness or pain. Thus, bad acts can
  not lead to good.
• Rule-utilitarianists if the rule is conducive
  to good consequences, then the act is
  justifiable.

44
Ethics Hall of Fame
Nature of Reality (Aristotle) (3)
Nature of Morality (Which Morality) (4)
Goodness (The Choices) (5)
Actions And (6) Consequences (Utilitarianism)
Intellect And Truth (Plato) (2)
Determinism And (7) Intentionalism (Beyond
Control)
The Ethical Person (Today?) (8)
Knowledge and Reasoning (Socrates) (1)
Ethics Hall of Fame
45
Determinism and Intentionalism

• Determinism
• All thoughts, attitudes, and actions result from
  external forces that are beyond human control.
• Predestination an interpretation of a gods
  will? Astrological forces? Cosmic power?
• Genetic conditions?
• Climate and geography?
• Society and culture?
• Education and socialization?
• Some view these as forces, not facts, others view
  these as absolute.

46
Determinism and Intentionalism

• Intentionalism
• External forces of heredity and environment are
  merely influences.
• By virtue of human intellect, people are still
  capable of reasoning their way out of the grip of
  the elements and making good choices.

47
Ethics Hall of Fame
Nature of Reality (Aristotle) (3)
Nature of Morality (Which Morality) (4)
Goodness (The Choices) (5)
Actions And (6) Consequences (Utilitarianism)
Intellect And Truth (Plato) (2)
Determinism And (7) Intentionalism (Beyond
Control)
The Ethical Person (Today?) (8)
Knowledge and Reasoning (Socrates) (1)
Ethics Hall of Fame
48
The Ethical Person

• Maslows Profile of the ethical person.

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Maslows Description(Selected listing)

• Delight in bringing about justice.
• Delight in stopping cruelty and exploitation.
• Like happy endings.
• Hate sin and evil.
• Good punishers of evil.
• Try to set things right

• Manage to love what the world is and try to
  improve it.
• Respond to a challenge of a job.
• See hope.
• Enjoy bringing about law and order in chaotic
  situations.
• Like doing things well.

50
Ethics Case Two(stop

• Break into established groups.
• Discuss the issue
• Develop a list or framework of how you would make
  this decision. This needs to be turned in with a
  list of the group members and it must be
  readable.
• You have 30 minutes to accomplish these tasks
  determine the decision and list the framework.

51
Ethics of Utilitarianism

• Jeremy Bentham and John Stuart Mill
• We should judge the morality of an action in
  terms of the consequences or results of the
  action.
• All action is for the sake of some end, and rules
  of action, it seems natural to suppose, must take
  their whole character and color from the end to
  which they are subservient.

52
Ethics of Utilitarianism

• What is meant by good consequences, and bad
  consequences?
• Consequences for whom?

53
Ethics of Utilitarianism

• John Stuart Mill - The Greatest Happiness
  Principle (1806 1873)
• The Greatest Happiness Principles - the goal of
  humankind is to achieve both the greatest
  quantity and the highest quality of pleasure.
• Judges of Pleasure The Hedonistic Experts -
  all people desire happiness and everything else
  they desire is either a part of happiness or a
  means to happiness.

54
Ethics of Utilitarianism

• Evolution of Moral Decay - People who may in
  youth start with the higher pleasures evolve to
  lower pleasures such as indolence and
  selfishness.
• Happiness is a Satisfied Life -
• The presence of many and various pleasures.
• The presence of few and transitory pains
• A decided predominance of active pleasures over
  passive pleasures.
• A well-balanced expectation.

55
Ethics of Utilitarianism

• The Utilitarian Morality and Self-Sacrifice -
  there is virtue to self sacrifice.
• Moral Sanctions External and Internal - What
  will motivate individuals to follow a moral
  standard.
• Internal - moral duties
• External - hopes of favor or the fears of
  displeasure.

56
Ethics of Utilitarianism

• It is the intensity of the pleasure.
• The impact on others.
• The long term impact.

57
Deontological Ethics

• The study of duty.
• Immanuel Kant It is more than just the
  consequences, it is the intent of the person
  performing the act.
• Morality involves fairness and equity.
• The categorical imperative people have value
  and need to be treated with respect.

58
Utilitarian Kantian Principle

• An action ought to be done in a situation if and
  only if (1) doing the action (a) treats as mere
  means as few people as possible in the situation,
  and (b) treats as sends as many people as is
  consistent with (a), and doing the action in the
  situation brings about as much overall happiness
  as is consistent with (1).

59
Maxims

• Maxims, according to Kant, are subjective rules
  that guide action.
• Relevant Act Description
• Sufficient Generality
• All actions have maxims, such as,
• Never lie to your friends.
• Never act in a way that would make your parents
  ashamed of you.
• Always watch out for number one.
• Its ok to cheat if you need to.

60
Categorical ImperativesUniversality

• Always act in such a way that the maxim of your
  action can be willed as a universal law of
  humanity.
• --Immanuel Kant

61
Categorical Imperatives Respect

• Always treat humanity, whether in yourself or in
  other people, as an end in itself and never as a
  mere means.
• --Immanuel Kant

62
Classroom Exercises

• Most of us live by rules, obedience to which we
  take as a duty.
• What are the most important rules you live by?
• What were the most important rules in your
  family?
• What rules have you rejected as you have gotten
  older?

63
Chapter Three

• Peacemaking, Justice and Ethics

64
Connectedness

• We are connected to everyone.
• The concept of Karma (lawful consequences).
• Consequences of actions.
• Not about retribution, revenge, punishment.
• There is a sense of disconnectedness,
  inconsistency, and neglect regarding
  relationships in unhealthy and abusive families.

65
Caring

• Moral reasoning is the product of a mind that
  discriminates and draws distinctions (between
  right and wrong, good and bad, just and unjust).
• Demonstrated caring for others by actions.

66
Mindfulness

• Allows us to experience a more transcendent sense
  of awareness. It allows us to be fully present,
  aware of what is immediate, yet also at the same
  time to become more aware of the larger picture
  both in terms of needs and possibilities.

67
Peacemaking

• Offers us a vision of hope grounded in reality of
  which we are part.
• Acknowledges that while we do not control what
  life brings us, we do have a choice in how to
  respond to whatever life brings us.

68
Chapter 4

• Learning Police Ethics

69
Chapter 4

• Art Winstanley Film

70
Learning Ethics

• Learn on the job, to make your moral decisions in
  haste under the time pressures of police work.
• You can learn away from the heat of the battle.

71
Where to most learn ethics?

• On the job?

72
Stages of Moral Change

• Suffer moral experiences that showed them that
  the laws were not impartially enforced and that
  judges were corrupt.
• Then they learned that other police officers were
  dishonest, including those who engaged in
  shopping ie stealing goods at the scene of a
  nighttime commercial burglary, with the goods
  stolen by the police thus indistinguishable from
  the goods stolen by others.

73
Stages of Moral Change

• They joined in the shopping themselves and
  constructed an apologia for it (the insurance
  will pay for it anyway).
• The apologia provided a rationale for planned
  burglary in which they were burglars.
• The final stage was to commit planned burglaries
  on a regular basis.

74
Chapter 5

• Ethics of Deceptive Interrogation

75
Confessions

• Confessions are regulated by the Fifth, Sixth and
  Fourteenth Amendments.

76
Fifth Amendment

• No person shall be held to answer for a capital
  or otherwise infamous crime, unless on a
  presentment or indictment of a grand jury, except
  in cases arising in the land or naval forces or
  in the militia when in actual service in time of
  war or public danger, nor shall any person be
  subject for the same offense to be twice put to
  jeopardy of life or limb nor shall be compelled
  in any criminal case to be a witness against
  himself, nor be deprived of life, liberty, or
  property, without due process of law nor shall
  private property be taken for public use without
  just compensation.

77
Sixth Amendment

• In all criminal prosecutions the accused shall
  enjoy the right to a speedy and public trial, by
  an impartial jury of the State and district
  wherein the crime shall have been committed,
  which district shall have been previously
  ascertained by law, and to be informed of the
  nature and cause of the accusation to be
  confronted with witnesses against him to have
  compulsory process for obtaining witnesses in his
  favor, and to have the assistance of counsel for
  his defense.

78
Fourteenth Amendment

• Section 1. All persons born or naturalized in the
  United States, and subject to the jurisdiction
  thereof, are citizens of the United States and of
  the state wherein they reside. No state shall
  make or enforce any law which shall abridge the
  privileges or immunities of citizens of the
  United States nor shall any state deprive any
  person of life, liberty, or property, without due
  process of law nor deny to any person within its
  jurisdiction the equal protection of the laws.
• Section 2. Representatives shall be apportioned
  among the several states according to their
  respective numbers, counting the whole number of
  persons in each state, excluding Indians not
  taxed. But when the right to vote at any election
  for the choice of electors for President and Vice
  President of the United States, Representatives
  in Congress, the executive and judicial officers
  of a state, or the members of the legislature
  thereof, is denied to any of the male inhabitants
  of such state, being twenty-one years of age, and
  citizens of the United States, or in any way
  abridged, except for participation in rebellion,
  or other crime, the basis of representation
  therein shall be reduced in the proportion which
  the number of such male citizens shall bear to
  the whole number of male citizens twenty-one
  years of age in such state.

79
Fourteenth Amendment

• Section 3. No person shall be a Senator or
  Representative in Congress, or elector of
  President and Vice President, or hold any office,
  civil or military, under the United States, or
  under any state, who, having previously taken an
  oath, as a member of Congress, or as an officer
  of the United States, or as a member of any state
  legislature, or as an executive or judicial
  officer of any state, to support the Constitution
  of the United States, shall have engaged in
  insurrection or rebellion against the same, or
  given aid or comfort to the enemies thereof. But
  Congress may by a vote of two-thirds of each
  House, remove such disability.
• Section 4. The validity of the public debt of the
  United States, authorized by law, including debts
  incurred for payment of pensions and bounties for
  services in suppressing insurrection or
  rebellion, shall not be questioned. But neither
  the United States nor any state shall assume or
  pay any debt or obligation incurred in aid of
  insurrection or rebellion against the United
  States, or any claim for the loss or emancipation
  of any slave but all such debts, obligations and
  claims shall be held illegal and void.
• Section 5. The Congress shall have power to
  enforce, by appropriate legislation, the
  provisions of this article.

80
Coercion

• Brown v. Mississippi defendants whipped and
  pummeled until they confessed. (1936)
  Confessions must be voluntary.
• 1940, psychological pressure could be coercive.
• Lisenba v. California (1941), Ashcraft v.
  Tennessee (1944) the court introduced fairness
  and shock the conscience.

81
Miranda

• (1966) or some use (1967) prescribed specific
  limitations on custodial interrogation by police.
  Advisement of rights.

82
Typology of Interrogatory Deception

• Interview versus Interrogate recasting the
  interrogation and an interview (non-custodial).
• Miranda Warnings police can not soften up the
  suspect prior to a Miranda warning.
• Misrepresenting the Nature or Seriousness of the
  offense this is okay, by the courts.

83
Typology of Interrogatory Deception

• Role Playing manipulative appeals to conscience
  is okay by courts.
• Misrepresenting the Moral Seriousness of the
  Offense okay by courts.
• Use of Promises the admissibility of
  information gained by promises seems to turn on
  the specificity of the promise.

84
Typology of Interrogatory Deception

• Misrepresentation of Identity depends on the
  misrepresentation, and how it impacts the case.
  Depends on what the suspect is in custody for and
  the other circumstances.
• Fabricated Evidence courts have upheld this
  approach.

85
Consequences of Deception

• Lying is as a general matter considered immoral.
  
• Torture not approved.
• Manufactured evidence is less acceptable to the
  courts than verbal assertions.
• Lying by police in other situations? Does this
  use of deception create other issues?

86
Chapter 6

• Ethical Dilemmas in Police Work

87
Accepted Lying

• It must be in furtherance of a legitimate
  organizational purpose.
• There must be a clear relationship between the
  need to deceive and the accomplishment of an
  organizational purpose.
• The nature of the deception must be one wherein
  officers and the management structure acknowledge
  that deception will better serve the public
  interest than the truth.

88
Accepted Lying

• 4. The ethical standing of the deception and the
  issues of law appear to be collateral concerns.

89
Deviant Lying

• Occurs when substantive and procedural laws (or
  police administrative regulations) are broken.

90
Chapter 7

• Police ethics, Legal Proselytism, and the Social
  Order

91
The Path to Unethical Conduct

• How police think about themselves, their
  occupation, and the world around them sets the
  stage for unethical conduct.
• Many police officers see the world as a
  black-and-white morality play.
• Police view themselves as the thin blue line
  that stands between anarchy and order.

92
The Path to Unethical Conduct

• Law, morality and ethics are different things.
• Law is a set of formal statements. Law can be
  subverted and misused.
• Situational use (application) of the law to
  achieve enforcement objectives.
• Morality is individual?
• Ethics is job related for this purpose.

93
Socially Situating Unethical Behavior

• Denial of responsibility police see themselves
  as buffeted back and forth between administrative
  policies, political decisions, and citizens.
• Denial of injury violate individuals by
  stealing from criminals, or planning to get a
  conviction on a guilty suspect.

94
Socially Situating Unethical Behavior

• Denial of the victim character of victim, or
  the interpretation of the circumstances.
• Condemning the condemners condemners are
  hypocrites.
• Appeal to a higher loyalty blue wall of
  silence or giving up your partner.

95
The End