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Contents
The seventh edition of this book continues to present ethics as an “umbrella of civility” under
which criminal justice agents and the public look at the law and ethical issues in criminal jus-
tice. In this book, students and practitioners will be introduced to the fundamentals of ethical
theory and will be asked to apply ethical theory to decision-making in criminal justice. It is
the hope of the authors that discussing critical ethical issues in the college classroom will
help students make ethical decisions in the field as they advance in careers in policing, law,
or corrections and as informed citizens who vote and participate in American governmental
institutions.
The seventh edition has several new features. First, the discussion of criminal justice
ethical issues is updated. The new edition includes discussion of such recent matters as
police shootings, major investigations of the police in Ferguson, Missouri, Baltimore, and
Chicago, the war on drugs, life sentences, the ideal versus the reality in juvenile justice,
juvenile life without parole, the swift and certain deterrence model in probation, the case
for evidence-based rehabilitation interventions, the Good Lives Model, faith-based prisons,
elderly prisoners, and an update on the question of the deterrent impact of capital punish-
ment. The analysis of racism in Chapter 7 is completely updated with discussion of recent
books by Michelle Alexander and Paul Butler. Second, the discussion of ethical theories is
quite similar, but we have put in some boxes to relate current developments to the theoretical
discussions. Third, Chapters 11, 12, and 13 on police, prison, and probation, respectively,
now have boxes that highlight issues discussed in the chapter and conclude with questions for
class discussion. Fourth, Chapter 14, the final chapter, now includes a section on the future of
criminal justice ethics.
Readers of previous editions will notice that a second author has joined with Professor
Souryal. The second author thanks Professor Souryal and the publisher for asking him to
work on this new edition. He has taught criminal justice ethics for some time and hopes that
his insights into criminal justice ethical issues will add to the impressive tradition of Professor
Souryal’s work.
xiv PREFACE TO THE SEVENTH EDITION
Both authors thank the editors and staff at Routledge for their expert work in preparing
this edition for publication. We also thank Michael Braswell for his encouragement for this
project.
Sam S. Souryal
John T. Whitehead
March 2019
Preface to the Sixth Edition
Despite advances in the legal and technological aspects of criminal justice, practitioners
continue to face difficult moral choices. These include whether to arrest, use deadly force,
prosecute, offer plea bargaining, impose punishment, and, from an organizational standpoint,
whether to comply with policy, cooperate with supervisors, or treat the public equitably. As
in other public service sectors where discretion is essential, individual and institutional eth-
ics become major vectors. Surprisingly, while the consequences of such choices continue to
cause great public anguish, the moral grounds for these choices have seldom been examined.
In a free society, issues of crime and punishment are perhaps the most deserving of the
moral imperative of justice—a quality the state must extend freely to the guilty and the inno-
cent alike. Moral behaviors need no validation by the state, because they constitute justice
unto themselves. Thus, in responding to immoral behaviors, civilized governments cannot
rightfully employ immoral means. Succinctly stated, the more civilized the state, the more
willing it is to address the “worst in us” by the “noble means” available.
The purpose of this book is not to question the value of the law as the primary instrument
of criminal justice but to present ethics as an “umbrella of civility” under which the law can
be more meaningful, rational, and obeyable. By way of analogy, if the law is compared to
the Old Testament, ethics is comparable to the New Testament. They complement each other,
making Christianity blissful and tolerable. This view of ethics may not impress hardened
practitioners who believe that we “live by the law” but forget that we also “die by the law.” By
the same token, this view may not enthuse students who are so enamored with the trimmings
of criminal justice that they overlook its noble substance. To both of these groups, there is
one rational reply: “No one is free until we can see the truth of what we are seeking.” Without
capturing the truths of criminal justice, we are left with images that may be not only irrational,
but also disgraceful.
This book rejects the cynical view that ethical knowledge and moral character are periph-
eral to the administration of justice. Indeed, every action in the administration of justice is
directed either by the moral of a rule or policy or by the moral judgment of the practitioner
xvi PREFACE TO THE SIXTH EDITION
who implements it. Furthermore, the obligation to “establish justice and insure domestic tran-
quillity” continues to be the central force behind any act of criminal justice. Therefore, with-
out a fresh look at our weaknesses, biases, and prejudices, the young discipline of criminal
justice will grow into a degenerative field; more like a temple without a god, a body without
a soul, and a theory without a meaning.
In this book, students and practitioners will be introduced to the fundamentals of ethical
theory, doctrines, and controversies, and the rules of moral judgment. They will be exposed
to the ways and means of making moral judgment—but not in specific situations. That is
beyond the capacity of any book and must be left to the minds and hearts of the well-informed
practitioner. Knowledge will be presented in two forms: (1) a thematic perspective that will
examine ethical principles common to all components of the discipline, such as wisdom,
goodness, morality, and justice as well as the common vices of deception, racial prejudice,
and egoism; and (2) an area-specific perspective that will address the state of ethics in polic-
ing, corrections, and probation and parole.
Every academic discipline or professional field is born and slowly grows from an infant
into maturity. In the process, practitioners test its limits, establish its boundaries, and legit-
imize its claims. During the maturation process, serious excesses and failures appear that
create contradiction between the goals of the field and the means by which objectives are to
be met. In attempting to reason away contradiction, an introspection usually occurs urging
caution, denouncing falsity, and searching for the truth. This introspection gradually hardens,
constituting the collective conscience of the discipline—its soul. Eventually, the soul becomes
instrumental in halting intellectual ostentation, in exposing fallacies, and in reaffirming basic
values. This collective conscience keeps a vigilant eye whenever new technology is intro-
duced or a major policy shift is inaugurated. In time, the membership of the discipline or field
comes to recognize that collective conscience and call it by its true name: professional ethics.
The field of criminal justice is certainly young, but not too distant from maturity. It lacks
a unifying philosophy that can give it autonomy and inner strength. Primary issues of crime
and justice still beg for clarification. Secondary issues continue to frustrate rationality, for
instance, the role of the police in maintaining order, the role of prosecutors in controlling entry
into the system, the role of judges in dominating the sentencing process, the role of victims in
reclaiming the central court of justice, and the role of lawbreakers in sabotaging the system
by ingenious means. All such claims compete in an environment of ambiguity, egoism, and
fear. The resulting picture is a mosaic of incoherence and lack of scruples. Consequently, the
field has not proven successful beyond mere survival. Its efficacy has been questioned, both
from within by its officials and from without by its users. Few artificial reforms have been
introduced in the area of criminal justice management, the field’s most logical instrument of
reform. Top management is often controlled by a syndicate of lobbying bureaucrats who lack
integrative thinking and, at times, the tenacity to reason away simple problems. Middle man-
agers are unwitting brokers who “dance on the stairway”; they are as hesitant to face those at
the top as they are reluctant to confront those at the bottom. Frontline workers operate as an
PREFACE TO THE SIXTH EDITION xvii
Both authors are grateful to our students who asked questions that challenged us and moti-
vated us to keep asking questions ourselves. Our students reminded us that we were in their
shoes only a few years earlier. Their enthusiasm about criminal justice and about ethical ques-
tions made teaching fresh every semester.
We also acknowledge our colleagues who challenged us to think and question. They
often gave us ideas and points of view that we had not thought of on our own. If not for them,
several projects in our careers would never have succeeded.
We are grateful to the editors and all at Routledge and their associates who work so hard
to guide, edit, and produce the books they publish. The editors we have worked with have
been helpful in countless ways. We specifically thank Gabriele Gaizutyte, our Production
Editor at Routledge, and Jennifer Bonnar, our Project Manager at Apex CoVantage (the com-
pany responsible for the typesetting, copyediting, and indexing tasks). We also thank Michael
Braswell, who has been an inspiration, colleague, and friend.
1 Acquainting Yourself
With Ethics
A Tour of the Ethics Hall of
Fame
Or are you a clear thinker examining what is good and useful for society and spending your life in
building what is useful and destroying what is harmful?
—Kahlil Gibran, Mirrors of the Soul
Good laws lead to the making of better ones; bad laws bring about worse. As soon as any man says
of the affairs of the State, “What does it matter to me?” the State may be given up for lost.
—Jean-Jacques Rousseau
The present moral crisis is due among other things to the demand for a moral code which is
intellectually respectable.
—R. Niebuhr
To understand the foundation of ethics, you should learn about the virtue of
knowledge and reasoning, the sources of intellect, the nature of truth, the
nature of reality, the nature of morality, the nature of goodness, the relationship
between actions and consequences, determinism and intentionalism, and the
image of the ethical person.
You will also learn about the reasoning process, Plato’s divided line, the defi-
nition of morality and ethics, the grammar of goodness, the principle of summum
bonum, and the utilitarianism measure.
2
2 ACQUAINTING YOURSELF WITH ETHICS
OVERVIEW
Compared with other disciplines, criminal justice is an infant discipline. This is probably
one reason why it is far more concerned with crime rather than with justice and with pro-
cess rather than with philosophy. As a result, most criminal justice students and practitioners
today have not been adequately exposed to the philosophy of justice or, for that matter, to
any serious philosophical studies. Courses in ethics and justice are not usually required for a
criminal justice degree, nor are they included in programs of professional training. A study in
the ethics of criminal justice may, therefore, be an alien topic and can understandably cause
a degree of apprehension. In order to reduce your anxiety and to better acquaint you with the
topic, this chapter is designed to take you on a tour of the world of ethics. I will take you,
if you will, on a journey into the “Ethics Hall of Fame,” introduce you to key concepts, and
familiarize you with the works of leading philosophers. Knowledge gained from this chapter
will serve as the foundation for the remainder of this book. Figure 1.1 illustrates the layout of
the Ethics Hall of Fame.
Our first stop on this tour is at a pedestal supporting the bust of Socrates. The sculpture sym-
bolizes the virtue of knowledge because Socrates was considered the wisest man in ancient
Greece.
Born in Athens—at the time, the greatest democracy of all—Socrates spent his entire
life in search of the truth. Not surprisingly, he was later hailed as the patron saint of Western
philosophy. We are more certain of the facts of his death than of the circumstances of his life
because Socrates left no record of his own. The information about his accomplishments was
gathered from the accounts of his disciples, particularly Plato, who was his most prominent
student. According to these accounts, Socrates was an outstanding philosopher who served
Athens well during times of war and peace.
Exploring Virtue
Socrates’s typical method of exploring virtue was by arguing against popular but erroneous
beliefs in what was known as the dialectic method. Such arguments were conducted in a
dialogue form in which the parties involved would engage in an exchange of questions and
ACQUAINTING YOURSELF WITH ETHICS 5
answers. The direction of questions and the validity of answers would point out the presence
of contradiction or fallacy. By continuing this process, the truth of the disputed question
would be either established or denied. The dialectic method, which was the trademark of
ancient Greek philosophy, was later labeled the Socratic method in honor of its most skillful
master.
In his philosophical teachings, Socrates addressed general topics such as knowledge,
wisdom, and character, and he also discussed specific ideas of a moral nature, such as good-
ness, courage, and temperance. Regardless of the topic of inquiry that Socrates pursued, there
is no doubt that his overall aim was to reeducate the people of Athens in the nature of arete,
or virtue.
on whether the act or the policy is consistent with reasoning, the highest level of intellectual
capacity.
Socratic Reasoning
The Socratic method of reasoning incorporates two interrelated functions: (1) establishing
the purpose of the phenomenon in question, which is considered the beginning of wisdom,
and (2) demonstrating the goodness of the phenomenon by fulfilling its purpose. In this tra-
dition, Aristotle (384–322 BCE) always asked his students to answer three basic questions.
First, What is it? This is the question that the scientists of nature are supposed to be able to
answer. Second, What good is it for? This is the question that ethicists are supposed to be able
to answer. Third, How do we know? This is the question that logicians and epistemologists are
supposed to be able to answer (Jowett & Butcher, 1979).
The reasoning process should flow methodically and without contradiction. It moves
from establishing the purpose of the idea, to confirming its goodness, to the fulfillment of
its purpose. Consider, for example, the issue of gun control: If it can be shown that the main
purpose of bearing arms is to ensure self-defense, then for goodness to be confirmed, it must
also be shown that bearing arms would not hinder the purpose by allowing guns to be used
as tools for crime. Probably because of the influence of Socrates, Western philosophers have
consistently formulated their theories about truths, moral values, and human behavior by
pursuing the Socratic method of reasoning—systematically arguing the idea from purpose to
goodness while maintaining an open, intelligent, and methodical mind.
Author: W. J. Holland
Language: English
BY
W. J. HOLLAND, LL.D.
Director of the Carnegie Museum
Author of “The Butterfly Book,” “The Moth Book,” etc.
EXPLANATION OF PLATE A
Plate A
The subkingdom of the Arthropoda is divided into six classes, one
of which consists of the Insecta (insects). It is estimated that there
are three and a half millions of species of insects upon the globe, not
to speak of the vast number of species which are now extinct, and
known only by their fossil remains.
The Class Insecta is subdivided into many Orders. To attempt
even to briefly speak of all these orders would take more space than
the publisher has allotted to the author, and it is enough to say that
butterflies belong to the order Lepidoptera. The lepidoptera are
divided into two Suborders: the Rhopalocera, or Butterflies, and the
Heterocera, or Moths. Both are characterized by having scaly wings,
hence the name, which is derived from the Greek words λεπὶς (lepis)
meaning scale, and πτερὸν (pteron) meaning wing. Lepidoptera are
“scale-winged insects.” Any one who has ever handled a butterfly or
moth, must have noticed upon his fingers a dust-like substance,
rubbed off from the wings of the captured insect. Upon examining
this substance under a microscope it is seen to be composed of
minute scales (see Plate A, Fig. a), and upon looking at the wing of a
butterfly under a magnifying glass it is seen to be covered with such
scales, arranged somewhat as the scales upon the sides of a fish, or
as the shingles upon the roof of a house (see Plate A, Fig. b).
Butterflies are mainly diurnal in their habits, preferring the
sunshine. Moths on the other hand are nocturnal, and fly in the dusk,
or after dark. Butterflies are therefore often called diurnal
lepidoptera, and moths are spoken of as nocturnal lepidoptera.
There are, however, a few butterflies which fly at dusk, and there are
many moths which are diurnal in their habits. Such moths are
generally gay in color, and for the most part inhabit tropical countries,
although we have a few such species in the United States. Ordinarily
the best way to distinguish between butterflies and moths is by
examining their antennæ, or “feelers,” as they are sometimes
incorrectly called. In the case of butterflies the antennæ are thread-
like, terminating in a small knob-like, or club-like enlargement. It is
this fact which has led naturalists to call them Rhopalocera. The
word is derived from the Greek nouns ῥώπαλον (rhopalon) meaning
a club, and κέρας (keras) a horn. Butterflies are lepidoptera having
at the end of their antennæ clubs, which are sometimes short, long,
or hooked (see Plate A, Figs. g, h, i.) The forms assumed by the
antennæ of moths are very various. The moths are therefore known
as Heterocera, the word being compounded from the Greek
adjective ἕτερος ( all sorts) and the noun κέρας (keras) a horn.
Moths are lepidoptera having all sorts of antennæ, except such as
are club-shaped at their ends. However there is no rule without its
exceptions, and there are a few rare moths in tropical lands which
have club-shaped antennæ like butterflies, but none of these occur
in the region with which this book deals.
The body of a butterfly consists of the head, the thorax, and the
abdomen (see Plate A, Fig. c).
The head carries two relatively large eyes, one on either side. The
eyes of insects are compound, and if examined under a microscope
are seen to have a multitude of minute facets, which serve to gather
the light from all directions, so that butterflies can look forward and
backward, upward and downward, as well as outward, all at one
time. Between the eyes on the upper part of the head arise the
antennæ, of which we have already spoken. The precise function of
these organs in insects has been the subject of much discussion.
Supposed by some to be ears, by others to be the seat of the sense
of smell, by others to combine within themselves these two senses,
and by still others to represent a sense which is not possessed by
vertebrate animals, their use in the life of insects is not yet clearly
understood. The weight of evidence seems to be in favor of the view
that they are organs of smell, and it is now quite firmly established by
experiment that the organs of hearing in insects are represented by
certain pores and openings on their legs. In front between the eyes
and below the antennæ are two little organs, each composed of
three joints, which are known as the labial palpi (see Plate A, Fig. e).
Between these, coiled up like a watch-spring, is the proboscis, with
which the butterfly sucks up the nectar from flowers or drinks water
from moist places (see Plate A, Figs. c and d). We have not the
space in this little manual to go more deeply into the anatomy of
these organs, but enough has been said to enable the beginner to
recognize the various parts. The student realizes that the head in
general supports the principal organs of sense and the proboscis, or
mouth.
The thorax carries the organs of locomotion, which consist of four
wings and six feet. The thorax is made up of three segments, or
rings, the foremost of which is called the prothorax, the next the
mesothorax, and the hindmost the metathorax. The subdivisions of
the thorax are not easily distinguishable by examining the body of a
butterfly even under a microscope, because the bodies of butterflies
are generally heavily clothed with hairs and scales. In order to clearly
make out the subdivisions, which we are considering, it is necessary
to take a specimen and denude it of its scales and hairs, and even
dissect it under a glass. The correctness of the foregoing statements
then becomes apparent.
The legs of butterflies are arranged in three pairs, the foremost of
which are known as prothoracic, being attached to the prothorax; the
second pair are called mesothoracic, springing, as they do, from the
middle segment of the thorax; and the last are styled metathoracic
legs, rising from the hindmost segment of the chest (see Plate A,
Fig. c). It should be noted here that in the great family of the
Nymphalidæ, or “Brush-footed Butterflies,” in both sexes the anterior,
or prothoracic pair of legs, are not fully developed, being aborted
(see Plate A, Fig. d) and therefore do not serve for walking; and that
in the families of the Erycinidæ, or “Metal-marks,” and the
Lycænidæ, or “Blues and Coppers,” the females have six legs
adapted to walking, while the males possess only four ambulatory
legs, the front pair being in the latter sex aborted in these families, as
in the Nymphalidæ. The legs of butterflies, like those of all other
insects, consist of five parts (see Plate A, Fig. f) the first of which,
nearest the body, is called the coxa, with which articulates a small
ring-like piece, known as the trochanter. To the trochanter is
attached the femur, and united with the latter, forming an angle with
it, is the tibia. The last division of the leg is the tarsus, or foot,
composed of a series of joints, to the last of which is attached a pair
of claws, which in butterflies are generally rather minute, though in
other orders of insects these claws are sometimes long and
powerful, this being especially true of some beetles. The prothoracic
legs of the Nymphalidæ and of the males of the Erycinidæ and
Lycænidæ have lost the use of the tarsus, only retaining it in feeble
form, and the tibia has undergone modification. In many of the
Nymphalidæ the tibia is densely clothed with long hairs, giving this
part of the leg the appearance of a brush, whence the name “Brush-
footed Butterflies” (see Plate A, Fig. d). The tibiæ are often armed
with more or less strongly developed spines.
The most striking parts of butterflies are their wings, which in
proportion to the size of their bodies are usually very large, and
which are remarkable for the beauty of the colors and the markings
which they display both on the upper and on the under side.
The wings consist of a framework of horny tubes which are in
reality double, the inner tube being filled with air, the outer tube with
blood. The blood of insects is not, like that of vertebrates, red in
color. It is almost colorless, or at most slightly stained with yellow.
The circulation of the blood in the outer wall of the wing-tubes takes
place most freely during the brief period in which the insect is
expanding its wings after emergence from the chrysalis, concerning
which we shall have more to say elsewhere. After the wings of the
butterfly have become fully expanded, the circulation of the blood in
the wings ceases almost entirely. The horny tubes, which compose
the framework of the wings of butterflies, support between them a
delicate membrane, to which upon both the upper and lower sides
are attached the scales. The two fore wings are more or less
triangular in outline; the hind wings are also subtriangular, but are
generally more or less rounded on the outer margin, and in
numerous forms are provided with tails or tail-like prolongations.
Inasmuch as in describing butterflies authors generally devote a
good deal of attention to the markings of the wings, it is important for
the student to become acquainted with the terms employed in
designating the different parts of the wings (see Plate B, Fig. 10).
That part of the wing which is nearest to the thorax, is called the
base; the middle third of the wing is known as the median or discal
area; the outer third as the external or limbal area. The anterior
margin of the wing is called the costal margin; the outer edge is
styled the external margin; the inner edge is known as the inner
margin. The tip of the front wing is called the apex, which may be
rounded, acute, falcate (sickle-shaped), or square (see Plate B, Figs.
1-4). The angle formed by the outer margin of the front wing with the
inner margin is commonly known as the outer angle. The
corresponding angle on the hind wing is known as the anal angle,
and the point of the hind wing, which corresponds with the tip or
apex of the fore wing, is designated as the external angle. The
margins of wings may have different styles of outline, and are
spoken of as entire, crenulate, scalloped, waved, lobed, or tailed
(see Plate B, Figs. 5-8).
A knowledge of the veins which form the framework of the wings is
important, because authors have frequently established genera upon
the basis of the wing structure. It is desirable on this account to
understand the nomenclature which has been applied to the veins.
This nomenclature is somewhat variant, different writers having
employed different terms to designate the same vein. In what follows
the writer has adopted the designations which are most current, and
which are generally accepted by authors. The best understanding of
this matter is to be derived from the attentive study of the diagrams
given on Plate B, Figs. 9 and 10. The veins in both the fore and hind
wings of butterflies may be divided into simple and compound veins.
In the fore wing the simple veins are the costal, the radials, the
submedian, and the internal; in the hind wing they are the costal, the
subcostal, the radials, the submedian, and the internal. The costal
vein in the hind wing is, however, generally provided near the base
with a short ascending branch, which is known as the precostal vein.
In addition to the simple veins there are in the fore wing two
branching veins, one immediately following the costal, known as the
subcostal, and the other preceding the submedian, known as the
median. The branches of these compound veins are known as
nervules. The median vein always has three nervules. The nervules
of the subcostal veins branch upwardly and outwardly toward the
costal margin and the apex of the fore wing. There are always from
four to five subcostal nervules, variously arranged. In the hind wing
the subcostal is simple. The median vein in the hind wing has three
nervules, as in the fore wing. In both wings between the subcostal
and the median veins toward the base is enclosed the cell, which
may be either closed or wholly or partially open at its outer extremity.
The veinlets which close the cell are known as the discocellular
veins, of which there are normally three. From the point of union of
these discocellular veins go forth the radials, known respectively as
upper and lower, though the upper radial in many genera is emitted
from the lower margin of the subcostal vein.
EXPLANATION OF PLATE B