Perspectives on ethics and morality

Perspectives on Ethics and Morality in Criminal Justice CHAPTER 12: Discretion and Dilemmas in Corrections Correctional Professionals Correctional officers and supervisors Treatment professionals (e.g., educators, counselors, psychologists, and others) Bo Robinson Halfway House Trenton, NY (2012) As large as a prison, it is intended to help inmates reintegrate into society, but The NY Times found that drugs, gangs and sexual abuse were rife behind its walls. During a 10 -month investigation of NJ’s system of state -regulated halfway houses, the NY Times put together a portrait of life in Bo Robinson from dozens of interviews with inmates and workers and a review of hundreds of pages of internal reports, court filings and state records. Inmates are housed i n barracks -style rooms, not cells. At night, one or two low -wage workers typically oversee each unit of 170 inmates. Outnumbered and fearful, these workers sometimes refuse to patrol the corridors. Inmates regularly ask to be returned to prison, where the y feel safer. Reflection : Read article - http://www.nytimes.com/2012/06/18/nyregion/at -bo -robinson - a-halfway -house -in-new -jersey -bedlam -reigns.html?pagewanted=all How does a facility degrade to this degree? What needs to happen in terms of staff to get the facility back on track — or has irreparable damage already been sustained? Discuss the leadership and culture of the facility, as well as systemic ethical issues and criminal violations of staff? Discretion Correctional officers have a full range of contro l, including denial of liberty and application of physical force. Correctional officers have discretionary powers, such as charging an inmate with a disciplinary infraction versus delivering a verbal reprimand. Disciplinary committees also exercise discret ion when making a decision to punish an inmate for an infraction. Treatment professionals have discretion in writing parole reports, making decisions on classification. Correctional Ethics In the 1970s, prison guards adopted correctional officer as a more descriptive professional title. The period also saw such dramatic changes as: Increased on -the -job danger Loss of control Increased stress Racial and sexual integration Unionization Higher standards of professionalism Expanded bureaucratization Relationships with Inmates Both guards and inmates prefer to live in peace. Both feel they must take sides when conflict occurs. Reciprocity: Officers become dependent on inmates for completion of important tasks. In return, officers may overlook inmate infractions and allow a degree of favoritism Relationships with Inmates Officers have the power to make life difficult for inmates they do not like. If officers become personally involved (e.g., sexually), their professionalism is compromised. An alliance sometimes forms between guards and inmates that is not unlike foreman - employee relationships. Officers insist that “you can be friendly with inmates, but you can never trust them.” Mature officers learn to live with this inconsistency. Reflection : In Ju ne of 2010, correctional officer David Francis of Charleston WV, was implicated for allegedly sexually abusing, harassing, and assaulting two female inmates over the course of two years. The inmates have filed suit against the officer as well as the West V irginia Department of Corrections for punitive and compensatory damages. Should the inmates profit from the unethical behavior of the correctional officer? What punitive action should be taken against Francis? Types of Officers Violence -prone : use the rol e of correctional officer to act out an authoritarian role Time -servers : serve time in prison much the same as most inmates do (trying to avoid trouble and hoping nothing goes wrong on their shift) Counselors : seek to enlarge their job description; perce ive their role as inmate counselor/helper Use of Force Physical force is often necessary in prison situations. Prior to the 1980s, overt physical force was used routinely in U.S. prisons. “tune ups” “hanging up” Hudson v. McMillian Today, the incidence of excessive force is less common, but it is still used in some institutions. Inmates have more to fear from each other than from correctional officers. Inmate John Edwards Charlotte Penitentiary (1997) An HIV positive inmate killed his ex -wife and her co mpanion, and subsequently went to prison, where he bit a corrections officer. Upon transfer to the Charlotte Prison in Florida, he was beaten by numerous guards for extended periods of time, and denied appropriate medical treatment. As a result of the abus e, Edwards attempted suicide by cutting his wrists. He was then moved to a psychiatric ward and shackled. Edwards ultimately bled to death over a 12 hour period. 10 people arrested, 14 people lost their jobs, 3 told the truth and received probation and community service. The 7 who denied everything were acquitted. Jurors allegedly celebrated with officers after the verdict. Reflection : See article - http://news.google.com/newspapers?nid=1320&dat=19980711&id=cEdWAAAAIBAJ&sji d=MusDAAAAIBAJ&pg=1597,2397238 W hat does this case say about the guards, medical staff, and jurors involved? What about the safety of prisoners? What if your child was incarcerated in this facility? Discuss the culture of an institution where these actions occur. Detention Officers in Jails In many respects, local jail officers have more difficult responsibilities than state prison officers. Jail population is transitory and often unstable. Offenders may come into jail intoxicated, suffer from undiagnosed diseases or psychiatric conditions, or be suicidal. Visitation is more frequent, and family issues are more problematic. The constant activity and chaotic environment of a jail often create unique ethical dilemmas. Treatment Staff The professional goal of all treatment specialis ts is to help the client. This goal may be fundamentally inconsistent with the punitive prison/jail environment. A dilemma of treatment programs is deciding who is to participate. Psychiatrists in corrections may feel they are being used more for social co ntrol than treatment. Treatment in Prison The fact that prisoners are captive audiences makes them attractive subjects for experimentation. Can inmates give voluntary and informed consent? Treatment vs. custody issues Issues with faith based treatment programs Medical Experiments on Prisoners 40 -80 years ago, experiments were conducted on prison inmates Hepatitis was given to mental patients in Connecticut, a pandemic flu virus was squirted up the noses of prisoners in Maryland, and cancer cells were i njected into chronically ill people at a New York hospital. Researchers uncovered 40 ethically dubious experiments by combing through medical journals and news reports from that time frame. The test subjects were often referred to as “volunteers. “ A few of the studies indicated that test subjects were incapacitated. In one study in Brooklyn in the early 1960s, the “volunteers” didn't know they were being injected with cancer cells. Reflection : Read article - http://www.pbs.org/newshour/rundown/2011/02/med ical - slideshow -code.html What are the legal and ethical issues in using humans as “guinea pigs.” Do you believe these types of experiments occur today? Think about the Tuskeegee Syphilis study (allowing individuals to deteriorate as a result of syphilis, even though there were medications that could have saved them). Ethical Issues for Prison Psychologists Confidentiality Protection of psychological records Informed consent Corr oboration Refusal of services Nondiscrimination Competence Knowledge of legal structure Accuracy and honesty Misuses of psychological information Multiple relationships Probation Discretion Make sentencing/revocation recommendations. Write violation rep orts. Responsibility to the offender’s family. Relationships/closeness to the offender. Gratuities. Part -time employment Probation Officer “Types” The Punitive Law Enforcer: Officers have a tendency to use illegal threats and violate due process protections. The Welfare/Therapeutic Practitioner: Officers infringe on clients’ privacy because they are “helping” the client. The Passive Time Server: Officers do not perform assigned duties. Parole Supervision of parole officers is stronger than prob ation officers. The parole officer usually manages a caseload of older and seasoned offenders. 67 % of released inmates were charged with at least one serious crime within three years. Studies indicate that the rate of recidivism is worse than it was twent y years ago. Men, blacks, and young people are the most likely to recidivate. Those who participate in property crimes are most likely to return to criminal behavior. Causes of Probation/Parole Officer Burnout Low wages Incompetent promotion High caseloads Correctional ineffectiveness Politics Emotional Investment