Request for New Course
EASTERN MICHIGAN UNIVERSITY
DIVISION OF ACADEMIC AFFAIRS
REQUEST FOR NEW COURSE
DEPARTMENT/SCHOOL: __SOCIOLOGY, ANTHROPOLOGY, CRIMINOLOGY________________COLLEGE:
ARTS & SCIENCES
CONTACT PERSON: ___________________________DONNA SELMAN___________________________________________________
CONTACT PHONE:
7-0012
CONTACT EMAIL:
DKILLINGB@EMICH.EDU
REQUESTED START DATE: TERM____SP________YEAR_10__________
A. Rationale/Justification for the Course
The criminology and criminal justice degree program addresses professional ethics in some of its courses,
but we do not have a course dedicated to ethics specifically for the criminal justice professional. This course
aims to fill that gap and better prepare our students for careers in criminal justice by providing them with the
education and tools necessary for ethical decision-making specific to the field of criminal justice.
B. Course Information
1. Subject Code and Course Number:
CRM 362
2. Course Title:
Ethics for Criminal Justice Professionals
3. Credit Hours:
3
4. Repeatable for Credit? Yes_______
No__X____
If “Yes”, how many total credits may be earned?_______
This course provides the basic materials for analyzing ethical
situations in criminal justice professions. Case studies of misconduct and its effects, and various policy issues, such as
discretion and due process in law enforcement, the courts and corrections will be examined.
5. Catalog Description (Limit to approximately 50 words)
6. Method of Delivery (Check all that apply.)
a. Standard (lecture/lab) x
On Campus
b. Fully Online
x
Off Campus
x
x
c. Hybrid/ Web Enhanced x
7. Grading Mode:
Normal (A-E)
x
Credit/No Credit
8. Prerequisites: Courses that MUST be completed before a student can take this course. (List by Subject Code, Number and Title.)
9. Concurrent Prerequisites:
Code, Number and Title.)
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Sept. 09
Courses listed in #5 that MAY also be taken at the same time as a student is taking this course. (List by Subject
New Course Form
10. Corequisites: Courses that MUST be taken at the same time as a student in taking this course.
(List by Subject Code, Number and
Title.)
11. Equivalent Courses. A student may not earn credit for both a course and its equivalent. A course will count as a repeat if an equivalent
course has already been taken. (List by Subject Code, Number and Title)
12. Course Restrictions:
a. Restriction by College. Is admission to a specific College Required?
College of Business
College of Education
Yes
Yes
No
No
x
x
b. Restriction by Major/Program. Will only students in certain majors/programs be allowed to take this course?
Yes
No
x
If “Yes”, list the majors/programs
c. Restriction by Class Level Check all those who will be allowed to take the course:
Undergraduate
Graduate
All undergraduates____x___
All graduate students____
Freshperson
Certificate
Sophomore
Masters
Junior
Specialist
Senior
Doctoral
Second Bachelor________
UG Degree Pending_____
Post-Bac. Tchr. Cert._____
Low GPA Admit_______
Note: If this is a 400-level course to be offered for graduate credit, attach Approval Form for 400-level Course for Graduate
Credit. Only “Approved for Graduate Credit” undergraduate courses may be included on graduate programs of study.
Note: Only 500-level graduate courses can be taken by undergraduate students. Undergraduate students may not register
for 600-level courses
d. Restriction by Permission. Will Departmental Permission be required?
Yes
No
(Note: Department permission requires the department to enter authorization for every student registering.)
13. Will the course be offered as part of the General Education Program?
Yes
No
x
x
If “Yes”, attach Request for Inclusion of a Course in the General Education Program: Education for Participation in the Global Community
form. Note: All new courses proposed for inclusion in this program will be reviewed by the General Education Advisory Committee. If this
course is NOT approved for inclusion in the General Education program, will it still be offered? Yes
No
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C. Relationship to Existing Courses
Within the Department:
14. Will this course will be a requirement or restricted elective in any existing program(s)? Yes
No
x
If “Yes”, list the programs and attach a copy of the programs that clearly shows the place the new course will have in the curriculum.
Program
Required
Restricted Elective
Program
Required
Restricted Elective
15. Will this course replace an existing course? Yes
Nox
16. (Complete only if the answer to #15 is “Yes.”)
a. Subject Code, Number and Title of course to be replaced:
b. Will the course to be replaced be deleted?
Yes
No
17. (Complete only if the answer #16b is “Yes.”) If the replaced course is to be deleted, it is not necessary to submit a Request for
Graduate and Undergraduate Course Deletion.
a. When is the last time it will be offered?
Term
Year
b. Is the course to be deleted required by programs in other departments?
Contact the Course and Program Development Office if necessary.
Yes
No
c. If “Yes”, do the affected departments support this change?
Yes
No
If “Yes”, attach letters of support. If “No”, attach letters from the affected department explaining the lack of support, if available.
Outside the Department: The following information must be provided. Contact the Course and Program Development office for
assistance if necessary.
18. Are there similar courses offered in other University Departments?
If “Yes”, list courses by Subject Code, Number and Title
Yes
x
No
PHIL 220 Ethics
PHIL 221 Business Ethicss, PHIL,223 Medical Ethics, PHIL224 Ethics and Food, PHIL228, Global Ethics
19. If similar courses exist, do the departments in which they are offered support the proposed course?
Yes
X
No
If “Yes”, attach letters of support from the affected departments. If “No”, attach letters from the affected department explaining the lack of
support, if available.
D. Course Requirements
20. Attach a detailed Sample Course Syllabus including:
a.
b.
c.
d.
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Course goals, objectives and/or student learning outcomes
Outline of the content to be covered
Student assignments including presentations, research papers, exams, etc.
Method of evaluation
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e.
f.
g.
h.
Grading scale (if a graduate course, include graduate grading scale)
Special requirements
Bibliography, supplemental reading list
Other pertinent information.
NOTE: COURSES BEING PROPOSED FOR INCLUSION IN THE EDUCATION FOR PARTICIPATION IN THE GLOBAL
COMMUNITY PROGRAM MUST USE THE SYLLABUS TEMPLATE PROVIDED BY THE GENERAL EDUCATION
ADVISORY COMMITTEE. THE TEMPLATE IS ATTACHED TO THE REQUEST FOR INCLUSION OF A COURSE IN THE
GENERAL EDUCATION PROGRAM: EDUCATION FOR PARTICIPATION IN THE GLOBAL COMMUNITY FORM.
E. Cost Analysis (Complete only if the course will require additional University resources.
Fill in Estimated Resources for the
sponsoring department(s). Attach separate estimates for other affected departments.)
Estimated Resources:
Year One
Year Two
Year Three
Faculty / Staff
$_________
$_________
$_________
SS&M
$_________
$_________
$_________
Equipment
$_________
$_________
$_________
Total
$_________
$_________
$_________
F. Action of the Department/School and College
1. Department/School0
Vote of faculty: For ___10_______
Against ____0______
Abstentions __________
(Enter the number of votes cast in each category.)
signed by Peter Wood
Department Head/School Director Signature
24 March 2010
Date
2. College/Graduate School
A. College
College Dean Signature
Date
B. Graduate School (if Graduate Course)
Graduate Dean Signature
Date
G. Approval
Associate Vice-President for Academic Programming Signature
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Date
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Eastern Michigan University
Department of Sociology, Anthropology & Criminology
CRM 362 Ethics for Criminal Justice Professionals
Course Description:
This course provides the basic materials for analyzing ethical situations in criminal justice professions. Case studies of
misconduct and its effects, and various policy issues, such as discretion and due process in law enforcement, the courts
and corrections will be examined.
Course Materials (Subject to Instructor Decision)
Albanese, Jay. 2008. Professional Ethics in Criminal Justice: Being Ethical When No One is Looking.
Allyn & Bacon.
Pollock, Jocelyn. 2010. Ethical Decisions and Dilemmas in Criminal Justice. 7th Edition. Cengage
Reiman, Jeffery and Paul Leighton. 2001. Criminal Justice Ethics. Prentice Hall.
Specifics of the Course
Lesson Checklist
Every lesson has a prescribed checklist of activities required to successfully complete the lesson. Follow this
checklist, in the specified order, to complete each lesson.
Criminal Justice Ethics is made up of the numerous graded and ungraded assignments and activities listed below.
Graded Activities
•
Discussion Forums
•
Reaction and Responses
•
Quizzes
•
Presentation
•
Writing Assignments
•
Case Studies
•
Exams
Ungraded Activities
•
Online practice
•
Reading assignments. The following table shows the activity types contained within this course, and the
assigned weighting to determine the final course grade.
Activity Types
Discussion Forums 12@10pts
120 pts
Writing Assignments, Reaction and Response,
Case Studies, and Presentations 12@10 pts
120 pts
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Quizzes 12@10 pts
120 pts
Exam
120 pts
TOTAL
480 pts
Letter grades for the course will be based on the following grading scale.
Letter Grade
Percentage
A
90 - 100%
B+
85 - 89%
B
80 - 84%
C+
75 - 79%
C
70 - 74%
D+
65 - 69%
D
60 - 64%
E
<60%
Course Participation
Unlike a traditional, instructor-led course, you do not need to show up to class at a specific time every day to
earn your class participation grade. Instead, you need to make a constant effort to complete the online course
lectures, complete ungraded assignments, and participate in the class discussions. Although some of your
activities will be ungraded, your instructor will keep track of whether you have completed them and will assign
you a course participation grade based on your completion of these assignments.
There are deadlines for discussions, assignments and quizzes! There will be an open and close date—pay
attention! I will not change a closing date! I normally check email between 7 and 9 am. If you don’t hear from
me immediately please check for a message after 9 am!
Online Etiquette
The objective in an online discussion is to be collaborative, not combative. Please, proofread your responses
carefully before you post them to make sure that they will not be offensive to others. Use discussions to develop
your skills in collaboration and teamwork. Treat the discussion areas as a creative environment where you and
your classmates can ask questions, express opinions, revise opinions, and take positions just as you would in a
more “traditional” classroom setting. Please make sure you are using proper writing skills—internet slang and
text shorthand are not acceptable for discussions!
Academic Honesty
Plagiarism is defined as “the unauthorized use or close imitation of the language and thoughts of another author
and the representation of them as one's own original work.” This act occurs when students copy portions of a
book/article/etc. (usually more than four consecutive words) without using quotation marks and a citation. This
also applies to copying portions of other student’s papers. Academic dishonesty, including all forms of cheating
and/or plagiarism, will not be tolerated in this class. Penalties for an act of academic dishonesty may range from
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receiving a failing grade for a particular assignment to receiving a failing grade for the entire course. In addition,
you may be referred to the Office of Student Judicial Services for discipline that can result in either a suspension
or permanent dismissal. The Student Conduct Code contains detailed definitions of what contuses academic
dishonesty, but if you are not sure whether something you are doing would be considered academic dishonesty,
consult with the instructor!
Outline of Course Topics
Week 1: Unit 1: Becoming an Ethical Professional
Learning Objectives
1.
2.
3.
4.
5.
Be able to describe the three major theories (and theorists) that attempt to explain behavior.
Become familiar with Bandura’s idea of self regulation and how it can be “turned off.”
Describe what is necessary for moral growth according to Kohlberg.
Be familiar with the necessary elements for criminal justice ethics courses according to Sherman.
Become familiar with what steps organizational leaders should take to encourage ethical decision making on the part
of employees.
Chapter Outline
I. Background
A. Key question: How does one become a good person?
B. Applied to CJ: how do we ensure that CJ professionals behave ethically?
C. Conflict exists between:
1. An attempt to discover the causes of human behavior
2. Some believe explanations excuse bad behavior
D. Studies show that people’s beliefs don’t necessarily guide their actions
II. Theories of Moral Development
A. Biological factors
1. Correlation exists between criminal behavior and certain human traits
2. People with frontal-lobe damage display characteristics related to bad behavior:
a. Increased impulsiveness
b. Decreased attention span
c. Tactless behavior
d. Inability to follow directions
3. Injury to certain areas of the brain can effect one’s moral decision-making
4. Biological differences influence different behaviors between the sexes:
a. Women more inclined to empathy and sensitivity
b. Men more inclined toward antisocial behavior
5. Shermer: human morality evolved as a necessary trait
B. Learning Theory
1. One’s morality and ethics are shaped by the world around us
2. Behavioral learning takes place by modeling or reinforcement
a. Modeling: values & moral beliefs come from those we admire
b. Reinforcement: behavior is shaped via reward and punishment
3. Cognitive dissonance: discomfort when behavior is inconsistent with beliefs
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4. Bandura: Mechanisms for suppressing one’s self-regulation:
a. Moral justification
b. Euphemistic labeling
c. Advantageous comparison
d. Displacement of responsibility
e. Diffusion of responsibility
f. Disregard or distortion of the consequences
g. Dehumanization (on the job or as a criminal)
C. Moral Stage Theory
1. Developmental theories: people mature physically, cognitively, emotionally
2. Kohlberg: Cognitive development and moral development are integrated
3. Kohlberg: This development takes place in ordered steps:
a. Pre-conventional level: motivated purely by personal interests
b. Conventional level: perceive one’s place in society, responsibility
c. Post-conventional level: morals reflect what is good for all societies
III. Ethics Teaching / Ethics Training
A. Original goals of colleges included ethical and philosophical instruction
B. Most professional schools still require some study in professional ethics
C. Sherman laid out elements necessary for ethics course relating to Criminal Justice
D. Problem: students often encouraged to forget classroom, learn on the job
E. Learning theorists: change a profession’s ethics through rewards and punishments
IV. Leadership and the Ethical Organization
A. Trautman’s “Corruption Continuum”
1. Administrative indifference toward integrity
2. Ignoring obvious ethical problems, and creating a
3. Hypocrisy and fear dominated culture; all of which lead to a
4. “Survival of the fittest” approach by individual employees
B. Ethical organizations must have ethical administrators and managers
C. Leaders must take affirmative steps to encourage ethical behavior
V. The Criminal Justice Professional
A. Police dilemma: great emphasis on chain of command & following orders
B. Following an illegal order is not a legitimate defense of unethical behavior
C. Merely acquiring knowledge & skills does not equip one with moral sense
D. Cynicism and burnout are two factors that lead to unethical actions
E. Strategies for avoiding cynicism and burnout:
1. Understand that you can’t change the world or save everyone
2. Surround yourself with colleagues who promote ethical values
3. Seek self-fulfillment and personal enrichment (education, hobbies, etc)
Week 2: Unit 2: The Police Role in Society
Learning Objectives
1. Be able to describe the two different missions of law enforcement in a democracy.
2. Describe the types of control that police have at their disposal.
3. Provide the justification for police power and the basic ethical standards that derive from this justification.
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4. Identify the differences between the formal ethics of law enforcement and the values of the police subculture.
5. Describe recent research findings on the police subculture.
Chapter Outline
I. The Police Role
A. The “crime fighter role” and Packer’s crime control model
1. Repressing crime is the most important job
2. If law enforcement fails, the result is a breakdown of order
3. Criminal process is the positive guarantor of social freedom
4. Efficiency is a top priority
5. Emphasis is on speed and finality
6. Conveyor belt serves as a model for the system
7. There is a presumption of guilt when dealing with a suspect
B. The “public servant” role
1. Criminals are not a separate group from the rest of society
2. Focus is order maintenance, not crime control
3. Police act as public servants: “public” includes criminals
4. This perception implies a very restrictive view of the use of force and power
5. Packer’s due process model:
a. There is a possibility of error
b. Finality is not a priority
c. Emphasis is on prevention of mistakes
d. Efficiency is rejected if it involves shortcuts
e. Protection of the process is as important as protection of citizens
f. The state’s coercive power is always subject to abuse
C. History of policing: Public servant to crime fighter
1. Early police:
a. Involved in social service activities
b. Active in social control and employed utilitarian violence
c. Graft and other corruption was commonplace
2. Professional movement
a. Began in the 1920’s
b. Loyalty shifted from bosses to the law
c. Social services role diminished, police detached from community
3. Community policing
a. Relatively recent movement
b. Involves fostering closer relationship with community
c. Goal is to solve underlying problems that lead to disorder and crime
d. Initially, widespread resistance to the move back toward “social work”
4. Future of policing
a. 9/11 spurred a retrenchment in “crime fighting”
b. Community policing may no longer be dominant guiding philosophy
II. Power and Discretion
A. Authority: when one’s role produces an entitlement to be obeyed
B. Power: the means to achieve domination
C. Persuasion: overcoming resistance by using words, symbols, etc
D. Force: physical power used to overcome another’s will
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E. Social contract:
a. Citizens agree to relinquish certain rights in return for protection
b. Police power should be limited to the minimum needed
c. Police ethics are linked to the purpose
F. Discretion: the authority to choose between two or more courses of action
G. Duty: the responsibilities that are attached to a certain role
H. Police utilize discretion daily:
a. Police do not arrest or cite in every case where they have the right to
b. Decisions influenced by location, suspect behavior, seriousness of the
offense, whether a citizen initiated a call for service
I. Wilson, Muir, Brown present typologies to explain use of discretion
III. Formal Ethics for Police Officers
A. Having a code of ethics is part of the definition of a profession
B. Codes of ethics for police have at least four major themes:
1. Fairness: all should be treated equally
2. Service: police exist to serve the community
3. Primacy of the law: even their own behavior must be lawful
4. Personal conduct: involves a high standard of professional behavior
IV. The Police Subculture
A. Scheingold: Extreme nature of police subculture due to:
1. Police typically form a homogenous social group
2. They have a uniquely stressful work environment
3. They participate in a basically closed social system
B. Themes and value systems
1. Police maintain stereotypes of the people they encounter
2. Sherman: common themes in the police culture:
a. Loyalty to other police is essential
b. The public, in general, is the enemy
c. Police consider identities of victim and offender when using discretion
d. Use of force is supported
e. Due process is seen as a barrier to doing the job
f. Crime control duties are given priority over social service duties
C. An informal “Cop Code” is imparted to new officers through socialization
D. Police culture and “noble cause”
1. “Noble Cause” justifies unethical behavior if the end result is desirable
2. Examples: lying on the witness stand, planting evidence
3. Fueled by a belief that it is sometimes necessary, when offender is guilty
E. Police culture and the blue curtain of secrecy
1. Simply defined: “don’t give up another cop”
2. Quinn: good officers are brought into cover-ups due to the nature of policing
3. Study: 61% of cops say officers do not always report even serious violations
4. Egoistic and utilitarian reasons exist for participating in a cover-up
5. Egoistic and utilitarian reasons also exist for coming forward
6. Perception of crime fighter or public servant can influence decision
7. Life-and-death nature of the job requires uncalculating loyalty
8. Detachment from community also can lead to strong police loyalty
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F. Police culture today
1. Increased diversity of recruits has eliminated homogeneity
2. Unions have formalized relationships between officers and administration
3. Civil litigation has increased the risk of covering for another officer
V. Crime Fighter and Public Servant?
A. Police take their cue from the community they serve
B. New York’s “zero tolerance” is an example of strict “crime control” model
1. Crime dropped sharply
2. Citizen complaints against police rose sharply
C. Code of ethics stresses “public servant” but informal code favors “crime fighter”
Week 3: Unit 3: Police Discretion and Dilemmas
Learning Objectives
1.
2.
3.
4.
5.
Provide any evidence that exists that law enforcement performs its role in a discriminatory manner.
Present the ethical issues involved in proactive investigations.
Present the ethical issues involved in reactive investigations.
Present information concerning the prevalence of and factors associated with the use of force by police officers.
Enumerate predictors associated with the use of excessive force.
Writing and Discussion Assignments:
1. Research Tasers and evaluate their use as a mechanism for exerting force. Are they safer for the victim than other
weapons? Are they safer for the officer? What are the boundaries for using a Taser?
2. Describe the ethical questions surrounding the use of confidential informants. For the sake of discussion, consider
informants who cooperate in an ongoing operation (as opposed to a one-time tipster). What are the controlling officer’s
duties?
Chapter Outline
I. Challenges Related to Discretion
A. Most police officers’ ethical dilemmas come from their powers of discretion
B. Police moral dilemmas are frequent, usually complex, and dealt with alone
C. Common sources of dilemmas: discrimination, investigative practices, use of force
D. Ethical dilemmas should be resolved by considering:
1. What does the law require?
2. What does policy require?
3. What does individual ethical system require?
II. Discretion and Discrimination
A. Individual prejudices and views of groups can influence decision-making
B. The police occupational culture reinforces prejudicial views
C. Discrimination can result in enforcing the law differentially or withholding services
D. Minority groups perceive law enforcement as fundamentally racist
1. Lower-class African Americans have more negative interactions with police
2. Middle-class African Americans indicate more of a negative attitude toward police than lower-class
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E. Study: suspect’s demeanor is strongest influence on police use of force, disrespect
F. Study: blacks no more likely to receive disrespect, but 1.5 times as likely to be stopped
G. Racial profiling: controversial technique with legal and ethical issues
III. Discretion and Criminal Investigations
A. Proactive investigations – initiating an investigation rather than responding to a crime
1. Often involves undercover work and informants
2. Often involves deception: placebos; “blue,” accepted, tolerated, and deviant lies
3. Central questions: who is the target, and why?
4. Some operations create opportunities for crime; this is an ethical issue
B. Informants
1. Individuals who are not police officers but assist by providing information
2. Police must beware of possibility unethical conduct due to informant
3. Reliability of informant is often questionable
C. Undercover officers
1. Ethical issue: may observe or participate in illegal acts to maintain cover
2. Legal issue: avoiding entrapment
3. Generally, the utilitarian view of ethics applies to undercover work
4. Cohen proposed test for ethical justification of police deception
D. Reactive investigations – crime has occurred and police are seeking the perpetrator
1. Prejudice can influence how evidence is interpreted
2. Concluding too early who is guilty can lead to “noble-cause” corruption
E. Interrogation
1. Frequently involves the use of deception
2. Physical coercion no longer permissible but may still occur
3. Suspects often don’t understand rights and are prone to manipulation
4. Pursuing a resisting subject too far may result in a false confession
5. Utilitarianism would not approve of tactics that lead to false confession
6. Deontological ethics require the officer to behave lawfully in interrogation
7. Ethical formalism disapproves of tactics that betray the categorical imperative
IV. Discretion and the Use of Force
A. Review Klockars’ definitions of authority, power, persuasion, force (Ch. 5)
B. Force is involved when one’s authority is challenged or persuasion is ineffective
C. A small percentage of officers represents disproportionate amount of force incidents
D. Suspect’s demeanor is factor most likely to lead to use of force
E. Large disparity in citizen reports of force and “official” reports
F. Highest rate of force use: Hispanic officers to Hispanic suspects
G. “Culture of Force” similar throughout police organizations; some clearly more
H. Excessive force used rarely; most often after vehicle pursuit
I. Policy: “Continuum of force” allows for escalating use of force in response to suspect
Week 4: Unit 4: Police Corruption and Misconduct
Learning Objectives
1. Describe the types of police corruption.
2. Describe the ethical arguments for and against gratuities.
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3. Explain and give examples of graft and other forms of police misconduct.
4. Provide the three types of explanations of police misconduct, with examples of each.
5. Describe the ways to reduce corruption and misconduct
Writing and Discussion Assignments
1. Scenario for discussion: an officer is told by a convenience store owner that she can help herself to anything in
the store—free coffee, candy, cigarettes, chips, magazines, and such. In the same conversation, the store owner
asks the officer for her personal pager number “in case something happens and I need to get in contact with
you.” Is this an ethically sound situation? How should the officer react? Justify with reference to the appropriate
ethical system.
2. Research one of the top-ten countries on the Transparency International list. What policies or procedures does
this country have in place that results in their law enforcement being considered a model of good behavior? Can
their policies or procedures be applied in the United States?
3. Research one of the worst countries on the Transparency International list. What policies or procedures does this
country have in place that results in their law enforcement being considered so corrupt? Do any of their policies
or procedures exist in the United States?
Chapter Outline
I. Scope of the Problem
A. Many city-level task forces investigating police corruption
B. “Misconduct” goes beyond corruption and has not been extensively studied
C. Public perception of corrupt police is widespread
D. Transparency International charts worldwide police corruption
II. Types of Corruption
A. Cohen’s definition of corruption
B. Grass-eaters (passive deviance) and Meat-eaters (shakedowns, other active deviance)
C. Barker & Carter: abuse of authority can be physical, psychological, or legal
D. Fyfe & Kane: police crime, police corruption, abuse of power
E. Gratuities: items of value received because of one’s position
1. Arguments for acceptance of gratuities (build community relations, etc)
2. Ethical if gratuity is given without expectation of reciprocal future act
3. Not ethical if giver expects preferential treatment in return
4. Cons: duty can become complicated by personal relationship, etc
5. Gratuities may alter the pattern of police patrol, this is not “equal protection”
6. Professional ethics discourage gifts for those making discretionary judgments
7. Ethical formalism relates to gratuities; acceptance depends upon intentions
8. Utilitarian ethics: must weigh the benefits against the drawbacks
9. Ethics of virtue: considers gratuities in light of individual officers’ virtues
F. Professional courtesy (preferential treatment for another officer)
1. Violates both utilitarian and deontological ethics
2. Minor courtesies can evolve into other forms of misconduct
G. On-duty use of drugs and alcohol
1. Study: up to 20% of officers in one city used marijuana on duty
2. Some undercover officers become socialized into the drug culture
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3. Alcohol use more acceptable but still brings problems
H. Graft: the exploitation of one’s role by accepting bribes or protection money
I. Sexual misconduct:
1. Can range from non-valid traffic stops to sexual shakedowns and rape
2. Intra-department sexual harassment is also a common problem
J. Criminal cops: numerous examples in the chapter
III. Explanations of Deviance
A. Individual
1. Gender: some types of misconduct are more common among men or women
2. Age: younger officers more likely to be terminated during probation
3. Education: college-educated officers receive fewer citizen complaints
4. Race: blacks more likely to be terminated for misconduct
5. Prior experience: prior conduct (military, academy, etc) predicts future conduct
6. Social learning, deterrence, life course theories apply
B. Institutional
1. Rapid hiring without adequate background checks
2. Lax supervision: “corruption continuum” shows administrative influence
3. Subcultural support for misconduct
C. Systemic / societal
1. Desire to have police ignore certain laws
2. “Watchman” style leads to differential policing
3. “Legalistic” style leads to tolerance of use of force
IV. Reducing Police Corruption
A. Individual methods
1. Improve screening
2. Better education and training
3. Integrity testing (similar to a “sting”)
4. Early-warning systems
B. Institutional methods
1. Internal affairs model
2. Citizen review boards
3. Change the culture
4. Ethical leadership (“open” is better than “strict”)
Week 5: Unit 5: Law and Legal Professionals
Learning Objectives
1. Understand the justifications for law – including protections against harm to others, offensive conduct, harm to self,
and harm to societal morals.
2. Explain the role of law in society and the paradigms that have developed to understand how law is formed and
enforced.
3. Compare the idea of our criminal law system as an adversarial system to other descriptions of how the courtroom
works and the relationships between the legal professionals.
4. Present the controversy concerning the role of advocate as legal agent or moral agent.
5. Describe the history and source of legal ethics for attorneys and judges. Explain the types of ethical rules that exist
and compare them to the subculture of “winning.”
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Chapter Outline
I. The Role of Law
A. Written embodiment of society’s ethics and morals
B. Natural law: inherent in the natural world
C. Positive law: written and enforced by society
1. Civil law: reparative, seeks to redress a wrong or loss
2. Criminal law: punitive, punishes those who violate society’s moral standards
D. Durkheim: law defines boundaries of behavior
II. Justifications for Law
A. Law defines the terms of our social contract
B. Major justification for criminal law is prevention of harm
1. Mill: people should have freedom over own actions unless they harm others
2. Law also prevents harm to self, harm to societal morals
3. Paternalistic laws are consistent with “ethics of care,” protects all members
4. Laws protecting societal morals reinforce society’s definition of moral behavior
C. Laws also prevent offensive behavior (vagrancy, lewdness, etc)
III. Paradigms of Law
A. Consensus paradigm: community agrees on goals and standards
1. Collective conscience: each person’s morals reflects that of the whole
2. Also known as “mechanical solidarity”
3. Repressive law maintains social cohesion
4. “Organic solidarity,” division of labor; individual’s part of greater whole
5. Restitutive law mediates differences that result from division of labor
6. Law is representative, reinforces social cohesion, and is value-neutral
B. Conflict paradigm: Governance based on power
1. Laws maintain power imbalance
2. Only activities of powerless groups are defined as deviant
3. Law is repressive, a tool of the powerful, and is not value-neutral
C. Pluralist paradigm: Interest groups compete for power, law is dynamic
IV. Law and the Legal Professional
A. Adversarial relationship is limited to trial; attorneys and judges work together
B. Large caseloads change system’s goal to bureaucratic efficiency
C. Victims enjoying increasing influence over decisions in their cases
V. Legal Agent or Moral Agent?
A. Legal agent: the lawyer is a legal tool being used by the client
B. Special relationship: Lawyer is loyal, but there are limits
C. Moral agent: Lawyer must adhere to own moral code, even over client’s wishes
D. Cohen writes in strong favor of “moral agent” view, cites “ethics of care”
VI. Ethics for Legal Professionals
A. Ethical standards are essential to any profession
B. The ABA endorses “Model Rules of Professional Responsibility” for lawyers
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C. ABA developed “Model Code of Judicial Conduct” for judges
Week 6: Unit 6: Discretion and Dilemmas in the Legal Profession
Learning Objectives
1.
2.
3.
4.
5.
Describe the ethical issues faced by defense attorneys.
Describe the ethical issues faced by prosecutors.
Describe some of the areas of forensic science that have been challenged by opponents.
Describe the ethical issues faced by judges.
Explain why elected judges lead to a perception of unfairness.
Discussion and Writing Assignments
1. Scenario for discussion: How should a prosecutor react at trial when opposing counsel appears to be advocating
ineffectively on behalf of his client? What would be the consequences if the prosecutor does not react properly?
2. Review the case of the Duke lacrosse team. Be able to explain the ethical and procedural errors made by the
prosecutor and show how these errors affected the outcome of the case.
3. Recently, North Carolina’s state crime lab was cited for legal and ethical violations. Prepare a presentation
describing the misconduct discovered there and relate these incidents to the ethical systems in this course.
Describe the impact these discoveries may have.
Chapter Outline
I. Ethical Issues for Defense Attorneys
A. Everyone deserves due process before a finding of guilt and punishment
B. Responsibility to the client
1. Assure proper attention to each client, regardless of large caseloads
2. Must remain with the case, except for very few exceptions
3. Specialty courts present unique challenges
C. Conflicts of interest
1. Attorney must avoid conflicts of interest when defending a client
2. May not defend co-defendants
D. Plea bargains
1. Vast majority of criminal cases are settled via plea bargain
2. Attorneys must consider their ongoing working relationship
E. Zealous defense
1. Attorneys are expected to zealously defend their clients
2. Ethical challenges arise, such as impeaching honest witnesses
3. Utilitarianism and egoism support wide range of actions
4. Ethical formalism and religion likely restrict attorney tactics to Model Rules
F. Confidentiality: Attorney must protect information provided by client
G. Perjury: Attorney not permitted to facilitate perjury from client or witness
II. Ethical Issues for Prosecutors
A. Use of discretion
1. Duty is to seek justice, not just a conviction
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2. Decision to prosecute involves political pressures, severity of crime, evidence, public opinion, wishes
of law enforcement or victim
3. Ethics of virtue apply, since the Model Rules don’t address decision-making
4. Prosecutor not supposed to impeach a witness he knows to be truthful
B. Prosecutors must avoid conflicts of interest, same as defense
C. Asset forfeiture presents ethical issues; sometimes hurts third party
D. Plea Bargains
1. Plea bargains are common and necessary due to volume of cases
2. Potential for overcharging, in order to strengthen plea bargain position
E. Prosecutors must be cautious when addressing media
F. Expert witnesses, crime labs present ethical issues too
G. Common practice is to reduce charge for testimony against co-defendant
H. Informant information should be used carefully
I. Utilitarianism would not support pursuing conviction against innocent person
III. Ethical Issues for Judges
A. Majority are elected, which means raising campaign money
B. Campaign contributions come from attorneys who practice before them
D. Use of discretion:
1. Frequent opportunity to decide on motions, evidence, jury instructions
2. Application of the exclusionary rule
3. Sentencing
4. Exclusionary rule consistent with utilitarianism
5. Impartial, equal treatment consistent with ethical formalism
Week 7 and Week 8: Unit 7: Ethical Misconduct in Courts and Responses
Learning Objectives
1.
2.
3.
4.
5.
Detail the types of misconduct that have been associated with defense attorneys, prosecutors and judges.
Explain the reasons why such misconduct occurs.
Describe the Innocence Projects, how many individuals have been found to be wrongly imprisoned, and why.
Discuss some proposals to improve the justice system and reduce ethical misconduct.
Describe the concepts associated with judicial activism or constructionism and how this issue relates to ethical
misconduct.
Discussion and Writing Assignments
1. Make a case for or against judicial activism. Explain your reasoning and use a real-life case to illustrate your
viewpoint. Are there arguments that could be made in opposition to your viewpoint?
2. Review the case of Miranda v. Arizona. Was the majority in this case expressing constructionism or
interpretationism? What is your evidence for to support your evidence? (hint: the wording of the opinion will tell you).
3. Visit www.innocenceproject.org. Review one of the cases that the group has successfully pursued. How did the
group achieve its goal? What was the reason for the wrongful conviction in the first place? Was deliberate misconduct
involved?
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Chapter Outline
I. First, Let’s Kill All the Lawyers
A. Public’s view of lawyers is negative: amoral, motivated by money
B. American Bar Association established ethical guidelines for lawyers
II. Ethical Misconduct
A. Defense attorney misconduct
1. Most common complaint: poor communication with client
2. Ineffective counsel is one of the most common reasons for false convictions
3. Illegal actions: encourage perjury, bribe witnesses, etc
B. Prosecutorial misconduct
1. Prosecutor’s duty is to seek justice, not conviction
2. Study: prosecutorial misconduct in approx 25% of examined cases
3. Type of misconduct include:
a. withholding exculpatory evidence
b. misusing pretrial publicity
c. using peremptory challenges on basis of race
d. using false evidence in court (including using unqualified “experts”)
4. Prosecutors and judges have higher ethical duty due to the role they play
C. Judicial misconduct
1. Ethical issues:
a. duty to recuse if they have an interest in the case
b. accepting bribes or kickbacks
c. exceeding sentencing or bail authority
d. failing to inform defendants of their rights
e. coercing guilty pleas
III. Justice on Trial
A. Study: 68% of death verdicts examined were reversed due to error
B. Errors involved incompetent defense, police misconduct, etc
C. “Innocence Projects:” groups of lawyers who identify cases where defendant
may have been falsely accused and where DNA evidence is still available
D. Wrongly accused rape suspects are disproportionately black
1. racism / stereotyping
2. higher error rate in cross-racial identification
3. defendants’ lack of resources
IV. Explanations for Misconduct
A. Prosecutors’ discretion (who to charge/what to charge) hidden from public view
B. Prosecutors are shielded from civil lawsuits
C. Misconduct only scrutinized if defense objects and appeals
D. Prosecutors work under a bias that the defendant is guilty
E. Emotional connection to victims and police affect prosecutors’ objectivity
F. Judges are protected by immunity
G. Attorneys and others look the other way, fearing judges’ retaliation
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H. Judges may rule on evidentiary matters according to bias or other unfair reason
V. Responding to Misconduct
A. State Bar Associations have power to grant entry to profession; censure misconduct
B. Very few complaints result in sanction or disbarment
VI. Judicial Independence and the Constitution
A. Politics sometimes intrudes on judicial matters (appointments, firings, etc)
B. Strict constructionists: judges should interpret Constitution as written
C. Interpretationists acknowledge “evolving standards,” may diverge from precedent
Week 9: Unit 8: Ethics of Punishment and Corrections
Learning Objectives
1.
2.
3.
4.
5.
Provide the definitions of punishment and treatment and their rationales.
Describe how the ethical frameworks justify punishment.
Describe the ethical rationales for and against capital punishment.
Describe the ethical codes for correctional officers, treatment professionals, and probation and parole officers.
Explain how occupational subcultures affect adherence to professional ethics codes.
Chapter Outline
I.
Definitions
A. Leiser defines five elements that define punishment
B. “Treatment” defined as anything used to induce behavioral change
II. Rationales for Punishment and Corrections
A. State has right to punish but is limited in the control it can exert
B. Goals of corrections include deterrence, rehabilitation, retribution, incapacitation
C. Moral contradictions inherent
1. Protects society’s freedoms by imposing deprivation
2. Punished private violence by inflicting state violence
D. Classical theory: punishment as deterrent
E. Positivist theory: goal includes treatment (rehabilitation)
F. Disparity in sentencing led to establishment of guidelines and determinate sentencing
III. Ethical Frameworks for Corrections
A. Utilitarianism
1. Justifies deterrence, incapacitation, treatment
2. Punishing the offender benefits society; benefits outweigh harm to individual
3. Bentham: punishment must be applied rationally to rational people
B. Ethical formalism
1. Morality is found in the act of punishment, not the result
2. Criminal is “owed” punishment
3. Offender forfeits right to be free from punishment
4. Punishment justified because offender deserves it, not to achieve some result
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C. Ethics of care
1. Concerned with what meets everyone’s needs, including victim and offender
2. Punishment should make offender a better person
3. Community corrections are ideal; emphasize relationships
D. Rawlsian ethics
1. Punishment’s purpose is to restore balance
2. Punishment ends once the offender becomes the one with the least advantage
IV. Punishment
A. Limited by Eighth Amendment
B. Furman v Georgia helps define “cruel and unusual”
C. Two types of shaming punishments
1. Stigmatizing: rejects the offender, has negative effects
2. Reintegrative: rejects the behavior, aims to return offender to the community
D. Supermax prisons
1. Conditions promote cruelty, mental harm
2. Isolation and deprivation are extreme
E. Private prisons
1. Bidding process, potential graft raise ethical issues
2. Concern with bottom line might lead to poor or unsafe conditions
F. Capital punishment
1. Its irrevocability creates an ethical issue
2. Supporters claim general deterrence, definitely find specific deterrence
3. Utilitarianism: capital punishment allowed if truly deterrent
4. Ethical formalism: capital punishment justified, is a proportional response
5. Opponents: no proof of actual deterrence, shouldn’t use person as a “means”
G. Community corrections
1. Supported by ethics of care
2. Promotes acceptance and reintegration
3. Financial and emotional benefits to society meet utilitarianism standard
4. Some conditions raise ethical issues related to privacy, autonomy
V. Formal Ethics for Correctional Professionals
1. American Correctional Association outlines formal ethics code
2. Probation and parole officers have separate code
3. Probation and parole officers held to high standard, utilize more discretion
VI. Occupational Subcultures in Corrections
A. Correctional officers
1. Similar subcultural issues to that in law enforcement
2. Acceptance of use of force
3. Use of deceit to cover up wrongdoing
4. Kaufman articulated norms of the correctional officer subculture
5. Correctional officers exhibit strong loyalty, code of silence
6. Common belief is that one can’t follow all the rules and do the job effectively
B. Treatment professionals: have their own ethical issues
C. Probation / parole officers
1. Do not feel isolated or stigmatized like correctional officers
2. Normal working hours, less coercive interaction with clients dilutes subculture
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3. Common characteristics include cynicism, lethargy, individualism
Week 10: Unit 9: Discretion and Dilemmas in Corrections
Learning Objectives
1.
2.
3.
4.
5.
Describe the role conflict of correctional officers.
List and describe some ethical issues for correctional officers.
Describe the different challenges that face jail officers as compared to correctional officers in prisons.
Explain the role conflict of treatment professionals and provide examples.
Describe the ethical issues of probation and parole officers.
Discussion and Writing Assignments
1. For discussion: Research the Attica riot of 1971. Identify the conditions, policies, and culture that led to the riot.
NOTE: A remake of the film is scheduled to be released in theaters in 2012.
2. Create a detailed job description for a probation officers, being sure to cover both the “rehabilitative” functions as
well as the “security” functions. Identify the educational and training requirements necessary to meet the needs of this
job.
3. Research prison recidivism. Are parolees more likely to reoffend than those who complete their sentence? Does any
particular type of crime occur more often than others, among those who recidivate? Is there a pre-release program or
strategy that might address the problem of high recidivism?
4. View the movie “Brubaker.” Prepare a report, including describing the abuses and moral issues displayed, as well as
an analysis of how prevalent the problems shown in the movie are in today’s prisons.
Chapter Outline
I. Discretion in Corrections
A. An officer can choose whether to write a disciplinary ticket or give reprimand
B. Administrators can remove good time, process formal discipline
C. Probation/parole officers decide whether to report violations
D. Sometimes officers have the power to do things but not the authority
E. Organizational subculture and values influence the ethical atmosphere
F. Officers have less discretion today than in the past
II. Correctional Officers
A. Officers must rely on interpersonal skills; job is dangerous
B. Officers have power and coercive control over inmates
C. Change in philosophy and inmate court victories created role ambiguity
D. Recent court retreat to “due deference” has led to current era of “penal harm”
E. Relationships with inmates
1. Majority of officers and inmates coexist in uneasy state of truce, distrust
2. Officers rely somewhat on inmates for management of the housing unit
3. Positive interaction can lead to favors or other unethical conduct
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4. Lack of training, low visibility, discretion can lead to corrupt behavior
5. Inmates can coerce/game officers into doing favors for them
6. Officers have the power to humiliate or abuse inmates
D. Officer personality
1. Violence-prone
2. Time-server: avoids trouble, hopes nothing goes wrong during shift
3. Counselor: helps inmates in a variety of ways
E. Use of force
1. Illegal use of force still exists but is not as pervasive as in the past
2. Decreased violence from officers has led to more opportunity for gangs
F. Stress, hypertension, alcoholism, divorce are common among correctional officers
G. Jail officers have unique challenges, due to nature of the inmates, constant activity
III. Treatment Staff
A. Conflict exists between duties to patient and duties to institution
B. Psychologists and medical professionals may be used for social control, not healing
C. Lack of control over studies, programs
D. Involuntary use of antipsychotic drugs is problematic for some
E. Some behavior modification programs are questionable
F. Traditional ethical codes don’t apply to sex offender treatment
G. Must work as a healer in an environment that does not value the goals of treatment
IV. Probation and Parole Officers
A. Community corrections officers do not have physical power over clients
B. They do have a great deal of nonphysical power
C. Ethical dilemmas revolve around conflict between promoting rehabilitation and ensuring safety
D. Probation/parole officers have power to recommend revocation
E. Officer personality
1. Punitive law enforcer
2. Welfare/therapeutic worker
3. Passive time server
4. Combined model
F. Parolees considered more of a threat to the community, require more supervision
G. 67% of released inmates commit serious crime within three years, getting worse
H. Large caseloads, low wages, incompetent coworkers being promoted lead to burnout
Week 11 and Week 12: Unit 10: Correctional Professionals: Misconduct and Responses
Learning Objectives
1. Describe types of misconduct by correctional officers, including the typology of misconduct by Souryal and
McCarthy.
2. Describe types of misconduct by community corrections professionals.
3. Explain the Zimbardo experiment and what it might imply for correctional professionals.
4. Provide other explanations for misconduct.
5. Present some suggestions to decrease misconduct by correctional professionals.
Discussion and Writing Assignments
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1. Review the Prison Commission’s report (www.prisoncommission.org/report) about the state of the prison industry in
the United States. Summarize the findings in a presentation for the class. What are the biggest and most pressing
issues? Is there a strategy to combat these problems?
2. Find the job requirements for employment at a local jail, prison, and probation office. Explain why there are
differences among the requirements for these positions.
3. Visit the Restorative Justice web site (www.restorativejustice.org) to access journal articles regarding restorative
justice programs and studies. Report to the class about one such program, including how it works, how offenders are
chosen, and the results that have been realized.
Chapter Outline
I.
“Misconduct and Corruption”
A. Malicious abuse (beatings, rape, theft, humiliation, etc)
B. Negligent abuse (negligent denial of care, failure to protect, etc)
C. Systemic or budgetary abuse (system-wide issues such as overcrowding, isolation, etc)
D. Other similar typologies listed in text
E. Prison Rape Elimination Act passed in 2003
F. Per BJS: 4.5% of inmate report sexual victimization
G. Male staff members common in women’s institutions, due to need and EEOC
H. Female officers engage in sexual activity with inmates as often as male officers
I. Consensual staff/inmate encounters are still considered coercive
J. Low salaries, high turnover, low hiring standards contribute to misconduct
K. Treatment professionals:
1. Most common issue is failure to provide medical or treatment services
2. Some adopt the “penal harm” philosophy and willfully deprive inmates
L. Community corrections officers:
1. Texas parole board makes decisions in secret
2. Inmates have no due process or other legal rights in the parole hearing process
3. Probation officers have been found accepting bribes
II. Explanations for Misconduct
A. Prison abuse due to lack of training, supervision, discipline and failure of leadership
B. Some come to job already “crooks,”
1. Others react to lack of support for ethical behavior
2. Stress and burnout leave some vulnerable to bad decisions
3. Age correlates with support for misconduct; race and sex have no effect
C. Unions support individual officers, at expense of what’s best for the system or facility
III. Responses to Corruption
A. “Trickle-down” theory: officers treat inmates how they are treated by administration
B. Managers should adopt strong anti-corruption policy, including:
1. Proactive measures such as mechanisms to investigate and detect wrongdoing
2. Reduced opportunities for corruption
3. Screening of employees using state-of-the-art psychological tools
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4. Improved working conditions
5. Providing good role models
C. Souryal: “civility” of the institution is influenced by:
1. Level of education required for hire
2. In-service training
3. Policies regarding unethical employees
4. Professional association that can monitor the institution
D. Institutional culture must be changed
E. Career path into administration can blind one to ethical issues
F. Restorative justice
1. Programs primarily involve juvenile or nonviolent offenders
2. Places emphasis back onto victim, punishment relates to offense
3. Relates to “peacemaking,” consistent with “ethics of care”
4. Emphasis placed on needs, does not exclude or stigmatize
5. Examples: family group counseling, mediation, sentencing circles
6. Reintegrative programs do not create oppositional subcultures
7. Presser: most offenders do not experience true remorse
8. One victim’s resolution might not be good thing for other victims
Week 13 and Week 14 Unit 11: Making Ethical Choices
Learning Objectives
1.
2.
3.
4.
5.
Identify the basic themes of the book.
Describe the basic elements of the “just war” debate and the “just means” discussion.
Describe the responses taken to 9/11.
Compare the crime control approach to the human rights model of policing.
Present a method to resolve ethical dilemmas.
Discussion and Writing Assignments
1. Compare the United Nations Code of Conduct for Law Enforcement Officials to the IACP Code of Ethics. Which is
more applicable to the job of law enforcement in America? What would you add or remove?
2. Define and illustrate the concepts of authority, power, force, and discretion in both law enforcement and corrections.
Be sure to discuss the role of ethical systems in regulating the exercise of these strengths on the job.
Chapter Outline
I. “Just Wars” and “Just Means”
A. The word “war” signifies a national challenge, justifies extreme action
B. Natural law allows for war in response to unjust injury and to protect the state
C. Positivist law allows war if sanctioned by international agreement or body
D. Ethical systems and war
1. Utilitarianism allows war if it results in a good that exceeds the harm done
2. Ethical formalism allows war if the motivation for conducting it is moral
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3. Categorical imperative disallows practices such as torture
E. Response to 9/11:
1. Expansion of law enforcement agencies and forces
2. Reduction of civil liberties
3. Reduction in support for community policing programs
4. Ethically questionable practices: detainments, rendition, wiretaps, torture
5. “Enemy combatants” and “foreign soil” exceptions to due process
II. Crime Control Versus Rights-Based Law Enforcement
A. Crime control approach
1. Justifies actions that would otherwise be wrong, if used for controlling crime
2. Utilitarian
B. Human rights (public service) approach
1. Focuses on protecting rights and civil liberties, including due process
2. Deontological (moral end does not justify taking away rights)
III. Ethical Dilemmas and Decisions
A. War on terror illustrates the role of ethics in facing dilemmas and making choices
B. Our ethical systems influence how we face and resolve dilemmas
C. Questions to consider when facing a dilemma
1. Is there a relevant law?
2. Is there a relevant policy?
3. What do the ethical systems say?
4. Front-page test
WEEK 15: Final Exam
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Bibliography
Carlson, Daniel P. Jones, John R. Reputable Conduct : Ethical Issues in Policing and Corrections 2nd ed. Prentice Hall
2001
Cohen, Martin. 101 Ethical Dilemmas. Routledge 2003
Delattre, Edwin J. Character and Cops: Ethics In Policing. 5TH ed. AEI Press 2006
Enhancing Police Integrity. National Institute of Justice. Enhancing Police Integrity. U.S. Department of Justice. Office
of Community Oriented Policing Services. National Institute of Justice 2005
Sarat, Austin. Everyday Practices and Trouble Cases. Northwestern University Press 1998
Kleinig, John. Smith, Margaret Leland. Teaching Criminal Justice Ethics: Strategic Issues. Anderson Pub Co 1997
Kleinig, John. Handled With Discretion : Ethical Issues in Police Decision Making. Rownman & Littlefield Publishers
2006
Schmalleger, Frank. Ethics in Criminal Justice: A Justice Professional Reader. Wyndham Hall Press 1990
Braswell, Michael. McCarthy, Belinda Rodgers. McCarthy, Bernard J. Justice, Crime, and Ethics. Anderson Pub Co
1991
Carlson, Lindsey. Bail Schedules: A violation of Judicial Discretion. Criminal Justice 0887-7785]. 2011 vol:26 iss:1
pg:12
Schwarzer, William W. Judicial Discretion in Sentencing. Federal Sentencing Reporter. Vol 6, No 3, (May 1991), pp.
339-341.
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