Ethical Issues Publication

Abstract

Criminal justice ethics is the analysis of the proper codes of conduct applicable to the law enforcement agencies. In regard to the rule of law, the primary objective of criminal justice is to maintain law and order in the society. In order to maintain the right integrity, it is paramount for the system to adopt the proper ethical values. Ethics is the driving elements that guide the moral choices we have to make in daily life experiences.  Philosophers and psychologist warn that under normal circumstances, moral rules/ethics may not necessarily uphold the absolute truth. However, they are worth adopting owing to its general reliability under normal situations. Therefore, there are some outright advantages associated with the effective observation of proper ethical values by the criminal justice officials. The paper focuses on ethical issues that arise in a case involving human trafficking.  

Keywords: human trafficking, criminal justice, meta-ethics, normative ethics, applied ethics and human trafficking screening

Background Information

Criminal justice is the most fundamental arm of the government. As a system of practices, it is tasked with the responsibility for upholding societal control through prevention and the possible eradication of crime. Effective sanctioning of the lawbreakers and the imposition of appropriate penalties are among the rehabilitation measures adopted by the criminal justice.

There is a great misconception in the society.  People tend to believe that this system of practice comprises exclusively of the judiciary. The field of Criminal justice is wide, and it encompasses the legislature, the judiciary, and the correction systems. Criminal justice also comprises of the police department.

Proper governance relies on the effectiveness of the laws made by the legislature. The judiciary consists of a network of courts tasked by the constitution to interpret these laws on behalf of the state. Fair administration of justice in civil, administrative and criminal cases can only be realized if the judiciary is free from any interference from the legislature. As such, in order for the two arms of the government to operate in mutual coexistence, observation of the rule of law is paramount.  

Work of literatures on criminal justice reflect rehabilitation method as the most effective measure that has been adopted for a long time as a punishment technique. In fact, the method was presumably adopted as an effective sentencing tool. However, the latest research shows that deterrence technique works to discourage both the individual offender and any other citizen from committing a criminal offense (Trulson & Marquart, 2002).

Executive Summary

Ethics, as a branch of philosophy addresses three questions. The fundamental questions concerning the right and the wrong decision or action and the general query on how individuals in the society ought to live is entirely covered by ethics. In this literature, I will discuss ethical values as applied in the criminal justice field. The nature and the sensitivity of issues handled by criminal justice system call for the observation ethical values by its members.

With regard to the rule of law, “meta-ethics” as applied to criminal justice covers the appropriate methods and the logicality of the proper reasoning techniques used for decision-making. “Normative Ethics” covers the behavioral standards and codes of conduct. “Applied Ethics” compels criminal justice officials to adopt the proper problem-solving techniques whenever a moral issue at hand needs to be resolved amicably (Csrnyc.com, 2015).  

The paper also seeks to explain the effects of improper ethical practices in the criminal justice system. According to the rule of law, it is mandatory for judges to adopt impartiality in order for them to avoid making wrong decisions. For instance, public prosecutors and judges are accountable for the decisions they make in the court of laws. Scholarly articles explain that the ruling made on cases brought before the courts should reflect “popular preference” decisional technique (Yusuf, 2007).

Introduction

Human trafficking cases are on the rise throughout the world. According to the latest research conducted by the US State Department, an approximately 600000-800000 people are trafficked annually across the international borders (Humantrafficking.org, 2015). The US immigration department estimates that approximately 17,500 people are annually trafficked in into the various States illegally. The same study established that 80% of those trafficked are women, and over 50% are children.  Currently, human trafficking is listed as the third most prevalent crime perpetrated against humanity (Pourmokhtari, 2015). This outrageous vice calls for urgent measures to be put in place in order to address the issue.

Human Trafficking

These statistical values raise a lot of questions about the credibility of the judiciary with regard to human trafficking. There are some reported incidences of code violations. These outrageous practices are prevalent in situations whereby the judges are wary that the outcome in a case involving human trafficking may compromise the judge’s interest. Under such circumstances, the judge may be compelled to act inappropriately, hence, facilitating the crime. CJC Canon 2(A) clearly states that judges should act in ways that will not compromise the integrity of the judiciary (United States Courts, 2015). The judge’s action should promote public confidence in the judicial body.  Reports on human trafficking implicate judges as advocates of the vice. The profound immunity to the law granted to the judges by the constitution compromise their neutrality aspect. Under this discretion, a significant number of judges are compelled to act inappropriately under the pretext of criminal prosecution of popular basis while in reality they are acting inappropriately.

The Normative Law

According to normative ethics, the pivotal ethical notion commits judges to uphold moral issues that will reflect their neutrality with regard to the rule of law (Faculty.stedwards.edu, 2015). The interest of the judge at times can be conflicting with those of the parties involved in the case. A case that involves human trafficking calls for diligence from both the judges and the prosecutors. During the adjudication process, the provision outlined in the US constitution states that judges cannot rely or rather act on information obtained off the trial process (Fleming, 2011). Law experts deem such measure vital for the protection of the individual from a possible human trafficking.