Ethics in Criminal Justice
Ethics is the set of moral standards that determines what is right and wrong. It is essential in a criminal justice system to protect both criminals and law enforcement. Ethical standards guide people in a society to abide by the law.
Difference between Frye and Daubert Principles
The main difference between the two approaches is that the Daubert standards are broad. For a court that applies the Frye standards, they must determine whether the method used in obtaining the evidence is generally acceptable by specialists in that particular field. Whereas in the Daubert standards, several factors determine the validity of the methodology used. The factors include the potential techniques rate of error and whether it has been peer-reviewed. With Frye, the decision is in the hands of specialists. While for Daubert, it is in the hands of a judge who uses the factors as guidance.
Justifications of Law
Laws are rules that bind people. Laws have justification as they help communities to thrive. There are laws created under the harm principle that seek to protect individuals from getting harmed by others. The law protects people against physical or property crimes. Such acts are justified as they ensure the safety of personnel. The morality principle is another justification for regulation. They promote morality in society, avoiding discord. They have their basis on beliefs such as religion and culture.
Capital Punishment and Ethical Systems
Capital punishment is the execution of a person as a form of punishment. The act is unaccepted in most states, but California has upheld its use. The teleological ethical system outlines that the goodness or badness of an action is dependent on the result (lecture 2, 18). Capital punishment is often opposed due to society’s moral obligation to protect and protect people. However, is it not ethical to judge the consequence of the action as the teleological system advocates? If a person commits murder, it is unfair to let the punishment be less severe than the crime.
Capital punishment puts a complete stop to the crime making the society safe again. According to the deontological ethical system, some acts are naturally good, while others are naturally bad, and the consequences, in this case, are irrelevant (Lesson 2, 13). If a person murders a serial killer or a rapist for reasons other than self-defense, then the act is immoral. However, the deontological ethical system believes that the murderer’s act is moral. It will oppose capital punishment as the action is considered inherently good, and there will not be any corresponding consequences.
Ethical issues
Racial indifference is still a significant issue that is setting the society back. The trend had reduced subsequently over the Obama period; however, with the election of Trump to the presidency, the progress derailed significantly. It has become a common occurrence for people to express racist views since Trump became president. It is wrong to give racist comments as it hurts the feelings of other people. The justice system is guilty of racial discrimination against people of color. The police department is the first group to initiate such disparities.
Statistics show that African Americans are 5.5 times likely to be arrested and convicted than whites or Hispanics (Cox, 2020). The United States operates its criminal justice system in two distinct ways one for the wealthy and one for the poor or those of color. It is unethical to discriminate against anyone due to their financial status or skin color. The act goes against human rights never the less the justice system tends to ignore their moral obligation to society time and again. Racism is an ethical issue that has been there for years, yet; there is no solution. The dilemma arises when an African American and a white commit the same crime, yet the sentencing varies.
To determine the admissibility of evidence is essential as it makes or breaks a case. It is also the moral obligation of a society to accept the consequences of crimes even when capital punishment is applied. Ethical standards guide the laws we make and how we abide by them.
References
Cox, R. (2018). Overcoming social exclusion: Addressing race and criminal justice policy in the United States. Washington Centre for Equitable Growth. https://equitablegrowth.org/overcoming-social-exclusion-addressing-race-and-criminal-justice-policy-in-the-united-states/.
Lecture 2. (2020). Determining moral behavior.