ETHICS FOR PRETRIAL PROFESSIONALS NAPSA DENVER, CO SEPTEMBER 2014 WELCOME       Jeff Kilpatrick, MBA, CPM, CPSP Alachua County Court Services Program Supervisor [email protected]           Janice Dean, Agency Title email address PRETRIAL PROFESSIONALS   Pretrial professionals are faced with ethical dilemmas daily. As such we have a requirement of “public trust”.   All criminal justice professionals from Pretrial officers to, LEO, judges and attorneys choose these professions; however, we are all products of our society, therefore, how we deal with ethical dilemmas is the challenge.   Therefore, we have to be especially aware when faced with ethical dilemmas. OBJECTIVES ❑  Discuss how ethical foundations are determined ❑  Facing an ethical dilemma in pretrial situations, and what you should do ❑  Question your thoughts and feelings in response to ethical dilemmas   Understand your viewpoint on issues, not just whether you think something is good or bad, right or wrong.   Who can you speak about it? Whose opinions do you trust? Basic Scientific Theories of How our Ethics are Developed BIOLOGICAL THEORIES   Behavior depends on an individual’s biological predispositions. LEARNING THEORIES   Behavior depends on the rewards an individual has received. DEVELOPMENTAL THEORIES   Behavior depends on an individual’s intellectual and emotional stage of development, which in turn depends on their environment. Frontal Lobe Damage May result in increased impulsiveness, decreased attention span, difficulty in logical reasoning and following instructions, and antisocial behavior. Gender Differences (Inherited Trait) Men’s brains function differently than women’s. Statistically, men are more likely to be antisocial, to have serious childhood conduct disorders, and to commit serious offenses. Sources: Sex Differences in the Brain by Doreen Kimura May 2002 LEARNING THEORIES Premise: All human behavior is learned; therefore, ethics is a function of learning rather than reasoning. □  □  Modeling ▪  ▪  Imitating the behavior of others Parents and other adults provide role models for children through their behavior Reinforcement ▪  ▪  ▪  A behavior that is rewarded will be repeated After enough reinforcement, the behavior becomes permanent The individual develops values consistent with the behavior (cognitive dissonance) DEVELOPMENTAL THEORIES 1.  They involve qualitative differences in modes of thinking, as opposed to quantitative differences. 2.  Each stage forms a structured whole; cognitive development and moral growth are integrated. 3.  Stages form an sequence; no one bypasses any stage, and not all people develop to the higher stages. 4.  Stages are hierarchical integrations. NOTE: Moral development, like physical growth, occurs in stages. Is there a Decline in Morality? 1. We have eliminated many of the opportunities for the teaching of morals. 2. The community is not a cohesive force any longer. 3. The authority of religion is not as pervasive as it once was. 4. The family is weakening as a force of socialization. 5. Educators seemingly have abdicated their responsibility for moral instruction in favor of scientific neutrality. Why train on Ethics in the Workplace?         Ethical errors end careers more quickly than any other mistake. Discussion of ethics helps us to develop “ethical muscles” so we are prepared when faced with dilemmas. Defines the frame work which “agency life” can be understood In order to do business with the public higher ethical standards are critical for the organization. What is Discretion? The Oxford English Dictionary defines Discretion as the freedom to decide what should be done in a particular situation.         Legislators: decisions in making laws Police: decisions about enforcement Attorneys and judges: decisions that affect the justice process Pretrial professionals have discretion and make decisions that directly affect the lives of others. What should Pretrial professionals have in common? □  □  □  □  The duty to enforce the laws regarding release recommendations based on their jurisdictions; The duty to interview defendants without personal biases, judgements or legal opinions; The obligation to provide “due process” and “equal protection” for all under the US constitution and local constitutional laws regarding bail and pretrial release and A commitment to “the tax-paying public we serve” Principles of Public Service Ethics 1. Duty to tax-paying public we serve 2. Release recommendation process based objective criteria such as a risk assessment tool; leaving judgment for the courts 3. Accountability to the courts for concise and accurate background check and verifications process SOURCE: Adapted from Josephson Ins8tute of Ethics, Preserving the Public Trust, available through www.josephsonins8tute.org Principles of Public Service Ethics 4. Democratic leadership among the CJ system when it comes to pretrial justice 5. Respectability as professionals within the criminal justice process SOURCE: Adapted from Josephson Ins8tute of Ethics, Preserving the Public Trust, available through www.josephsonins8tute.org Why are Ethics Important? 1. Coercion inherent in CJ provides opportunities for abuse of power 2. Public perception Morality and Behavior   ▪  ▪  ▪  ▪  Why do some pretrial professionals choose to do wrong when they know what is right? Criminology- are we hard wired to be criminally intended? Psychology- based on learned and modeled behavior are we prone to unethical behavior? Are people fundamentally good or fundamentally bad? Do other fields in CJ seek to answer this very question? To be judged moral or immoral, behavior must involve:         Morals: The judgment of behavior as right or wrong. Ethics: The study and analysis of what constitutes good or bad conduct. (The two words are often used interchangeably). Duties: Moral obligations that one must carry out to be considered ethical. Human acts of free can and will affect others Inventory of Ethical Issues   The Individual and the Organization ▪  ▪  ▪  ▪  ▪  ▪  ▪  ▪  ▪  ▪  work ethic (day’s work for a day’s pay) petty theft of supplies or cash overtime abuse gifts and gratuities Falsification of reports misuse of sick days personal use of supplies or equipment lying – outright or by omission withholding information gossip The Organization and Employees Discouraging honest criticism or feedback especially involving daily operation   ▪  Arbitrary or unfair release decisions whether based on state statute or mandate ▪  Inadequate or unrealistic demands placed on pretrial programs ▪  Putting employees in unnecessary legal danger because if inadequate agency procedures or laws The Individual and Other Employees □  Negative aspects of office politics Ex: gossip □  Workplace harassment of any kind □  Lying to cover up blame □  Taking credit for others’ work □  Lack of support by the courts; The Individual and Other Employees □  □  □  □  □  □  Misuse of authority rudeness or incivility Inadequate performance of duty Release recommendations based on sexual, racial, ethnic biases Legal advice or “special treatment” Lack of expertise (not keeping up with laws, issues, trends, training) at all levels Malfeasance or misfeasance of duties Values: Criteria of desirability, worth, or importance.               Honesty Health Family Financial success Beauty What else do you think are values? Are some values more important than others? Common Rationalizations     □  □  The belief the act was within reasonable and within legal ethical limits-”it’s not really” illegal or immoral” The act was in the agencies best interest” the agency will condone it and protect the person (s) engaged in it. The act is “safe” because it will never be found out or publicized The belief the act is unethical however” everyone else is doing it too” Levels of Culpability Levels of mens rea (culpability): Latin Negligence (should have known the danger of the act) Recklessness (did know the danger of the act) Knowing (was aware of performing the act) Intentional (intended the act and the consequence) Test for Ethical Solutions             Does the course of action seem logical to you? Does it make sense regardless of what others say? Would this course of action result in positive benefits for all involved? Would you want this act publicized? Where will your plan of action lead you? How will it effect others? What will happen to you? Would you think well of yourself when you look back on what you have done? What would your friends and family think about what you have done? Try to separate your self from the act. How would _______(someone) you admire handle this situation? Does it pass the smell test? FAQ’s in making a Good Ethical Analysis for Decision making   Is this action lawful?   Is the action just and fair?   Does the action fulfill the duties and responsibilities of my position?   Does it serve the public interest?   Will the action violate public trust?   Does the act involve and empower citizens?   The decisions we make in the hopes that no one will find out are usually WRONG!!! Thank you!