Crim C163 - Week 1 Notes
Crim C163 - Week 1 Notes Crm/Law C163
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This 5 page Class Notes was uploaded by Edward Avakian on Thursday March 31, 2016. The Class Notes belongs to Crm/Law C163 at University of California - Irvine taught by Geoff Ward in Spring 2016. Since its upload, it has received 64 views. For similar materials see Ethics and Politics of Justice in Criminology and Criminal Justice at University of California - Irvine.
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Date Created: 03/31/16
Crim C163 Lecture 1 Week 1 03/28/2016 ▯ TA: Peter Hanink ▯ Office Hours 3 floor SE II; right out of the elevator in one of the two offices ▯ ▯ What do we mean by “justice”? Ethical minimalism = opting out of the moral responsibility of the dilemma by saying “it’s in the law” or “it’s in the tradition” Retribution, restoration ▯ ▯ Normative philosophy Action-based, defining what is ethical in terms of intentions of our actions Character-based, skeptical of these utilitarian perspectives and argue to strive to be certain types of people, people who are driven by moral obligations (deontology) or people whose character are defined by virtue o Virtue = character trait in which you participate in righteous behavior o Argue our ability to overestimate ▯ ▯ Exams Blue book exams o Short answer and essay exams ▯ ▯ ▯ Crim C163 Lecture 2 Week 1 03/30/2016 ▯ Overview – Week 1 Morality and ethics Domains of ethical injury Criminal justice as ethical dilemma ▯ ▯ Defining morality and ethics Morality = people’s beliefs about right and wrong, good and bad, and the choices they make and actions they take, given these beliefs. Moral values reflect these beliefs o More about belief systems and what people believe Ethics = a branch of philosophy concerned with the study of questions of right and wrong, and how we ought to live. Ethics literally refers to the field of ‘Moral Philosophy’ o Issue of what is right and wrong o What should be considered good and bad ▯ ▯ Ethics = A king of inquiry and ambition Whereas social and behavioral sciences (i.e., sociology and psychology) are fields of descriptive inquiry, seeking to explain what is, or the actual nature of things… Moral philosophy is a field in the humanities, engaged in prescriptive inquiry, exploring who or how we should be, or how we ought to live ▯ ▯ Realms of “Justice” where ethics emerge Social justice = how should a just society be organized? Are law and its enforcement inherently just, or only as just as the society they aim to maintain? (i.e., the rule of thumb; theft amid deprivation…) o Law is not a reliable source for moral reasoning o Law can and has been polluted by politics in ways that make it unreliable as a sort of basis for objective moral reasoning Law breaking and law making = what should be (il)legal, and why? What values should law reflect? Should one always obey laws? Social control practice = o How should crime be punished? How should justice authorities act (i.e., police)? How should citizens act (i.e., neighbors, “snitching” witnesses, etc.)? o How should school authorities define and respond to student misconduct? o How should workplace authorities define and respond to misconduct here? ▯ ▯ Moral values Values refer to those things we hold to be important o Moral values refer to those characteristics or states of affairs we regard as necessary to morality, such as respect, or honesty o If normatively embraced and pursued, moral values contribute to the experience of a good life and just society, individually and collectively How do you think the idea of a “good life” is normatively understood in contemporary mainstream US culture? ▯ Weighing moral values Two general categories of values: instrumental and intrinsic o Instrumental = things we value for their utility – means to other ends Examples) Relationships (man views woman as an object) o Intrinsic = things we find inherently valuable – ends in themselves Examples) Relationships (man views woman with respect) We should weigh intrinsic values more heavily in moral reasoning, as these relate to greater good. But do we? ▯ ▯ Ethical inquiry: Reasons & Realms ▯ ▯ Thoughts on the practical value of ethics Ethics encourages living an “examined life,” and seeking to make moral choices when uncertain what to do in the face of moral dilemmas (i.e., “what should I do” moments) Ethics provides a system of rules and principles to help guide decisions – something beyond instinct, emotion, and personal interest (egoism) – whenever we have a choice Ethics challenges us to consider implications of our choices for others. Moral philosophy recognizes that all of our choices impact others, and most ethicist argue that the interests of others must be considered o We should try to be disciplined in our reasoning and emotion and not be selfish o Moral philosophy challenges us to think more, work harder ▯ ▯ Realms of ethical inquiry Meta ethics = concerned with existential questions, such as the origins of moral principles, and the nature of choices (e.g., “do we actually have free will”) Normative ethics = concerned with establishing principles of morality, such as standards or guidelines for determining right and wrong action in response to ethical dilemmas, or notions of ethical obligation o What we should normatively do related to morality, who we ought to be o EX) having respect, honesty, integrity for oneself and others Applied ethics = the area of ethics dealing with practical questions and specific moral issues. Though grounded in theory (meta-ethical, normative ethics), applied ethics has a more practical focus (i.e., business ethics; legal ethics; research ethics; UCI’s code of ethics) o EX) not cheating in class ▯ ▯ Notion of “moral clarity” = addresses ambiguity/certainty regarding whether something is right or wrong ▯ ▯ Morality is really a question of sensitivity and sensibility and actions relating those things Moral awareness: the degree to which an individual recognizes that a situation contains moral content Moral attentiveness: the extent to which an individual chronically perceives and considers morality and moral elements in his or her experiences ▯ ▯ As preceding points should make clear, LAW is an unreliable source of MORAL reasoning, character & action ▯ Ethics and politics of criminal justice Criminal social control is a politicized moral enterprise, selectively reflecting and reinforcing political priorities and moral values This is evident in relation to: o Crime control policy and practice o Public support for crime control o Social movements around crime/justice Criminal justice policy & practice o Reflect societal values, as they define and enforce social norms (i.e., the meaning of right/wrong action, degrees of wrongdoing), and have often explicitly targeted notions of “immorality” (examples?) Public support for crime control o Reflects societal values (i.e., notions of how we ought to punish), and reinforces social norms (i.e., through rule making; spectacles of punishment; etc.) – or moral/normative socialization. Social movements around crime/justice o Challenge societal values, norms, or structures as unjust (i.e., laws, policies, and practices), assert competing notions of moral obligation, and ideals of justice ▯ ▯ Punishment as penitence Penitence = A feeling of regret for one’s sins or misdeeds: compunction, contriteness, contrition, penitency, remorse, remorsefulness, repentance, rue Although the law may provide for infliction of punishment, society’s moral justification for punishment still has to be established ▯ ▯ Six mainstream perspectives on the legitimate purpose of punishment Punishment should work by providing.. o Deterrence o Incapacitation o Rehabilitation o Restorative justice o Retribution o Just Desserts ▯ ▯