Question

Think about the two major ethical systems in our justice system. They are deontological and teleological ethical Taken together, these systems offer conflicting guidance on how to develop policies and take ethical actions.

Respond to the following: If you could choose only one system upon which to base the criminal justice system, which would it be? Explain your reasoning. Which system/s should not be used in criminal justice policy? Why not?

Answer 1

Answer:

If you could choose only one system upon which to base the criminal justice system, which would it be? Explain your reasoning.

Brief about the two major ethical systems in our justice system:

1. Deontological ethical system: Deontological ethics states that the morality of action should be based on whether the action in itself is right or wrong rather than focusing on the consequences of the action or purpose of the action. For example, killing is wrong and protecting is right no matter what the consequences are.

2. Teleological ethical system: Teleological ethics is a morality theory that defines the act of an individual whether it is good or bad on the basis of the goal or purpose to be achieved. For example, stealing is bad in general perception, but if someone says that he steals and feed his family, than according to Teleological ethical system the action is good as the purpose of thief is good.

Criminal justice system is a system that has been designed to enforce the law and order in the society to prevent the unlawful actions being committed by the individuals living in the society and to protect the people living in the society from any kind of harm. Criminal justice system includes law enforcement agencies such as police, courts and the agencies for detaining and supervising offenders such as prisons.

For criminal justice system, deontological ethical system will be taken into consideration since deontological ethical system determines which action is correct and which action is incorrect irrespective of the goal of those actions. If an individual commits any criminal action in the society and provides the purpose behind his act to be appropriate than that purpose of the individual may be found to be valid or it may be invalid. Validity of the purpose depends on the perception of the individual committing the action and that of the judicial system.

For example, if a person kills a criminal and his purpose was to save the society from the criminal’s threat, than according to the deontological ethical system, the action of the person is not right and the person should have communicated with the judicial system for the arrest of the individual rather than killing the criminal by himself.

Which system/s should not be used in criminal justice policy? Why not?

Teleological ethical system cannot be used in criminal justice policy as this system defines the correctness of the action of an individual on the basis of his/her purpose rather than the correctness of the action itself. However, if people will be allowed to act according to the teleological ethical system, then it will hamper the law and order within the society because in the perception of every individual, his or her action is having some or the other purpose which according to them are appropriate for conducting the act which may not be appropriate as per the law of the society.

For example, if a person kills a criminal and his purpose was to save the society from the criminal’s threat, than according to the teleological ethical system, the action of the person is correct as the person was having the purpose that was good and was in favour of the society.