Preview

Judicial Review: a Double-Edged Sword

Satisfactory Essays
Open Document
Open Document
377 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Judicial Review: a Double-Edged Sword
Crystal Jennings
Professor S. Bond
CRJ 220
9 June 2013
Ethics of Means and Ends
It’s an ethical dilemma that stands before every criminal justice professional because we shape, restrain, and reform the lives of our society’s convicts, both inside and outside of prison walls. In this way, we impact the lives of every member of our nation. Ethical dilemmas are everyday challenges, but how they are handled says a lot about you and the position that you hold as a criminal justice professional.
The expectation of probation officers is to ensure community safety by providing appropriate supervision of criminal offenders assigned to their caseloads. When ethical dilemmas arise, probation officers must act appropriately to avoid compromising the integrity of the community supervision system.
Utilitarian reasoning is accepted as an ethical rationale, but it does not justify all actions just because they may protect us. 1. The end must itself be good. 2. The means must be a plausible way to achieve the end. 3. There must be no alternative and better means to achieve the same end. 4. The means must not undermine some other equal or greater end. Probation officers should adhere to the highest ethical standards and perform their job with honesty and diligence. Probation officers carry out their duties on behalf of the court system. They are meant to function as extensions of the court and to uphold its decisions and rules. Integrity means that probation officers need to understand their positions and carry out their jobs as best they can regardless of personal feelings. Regardless of their own personal opinions, probation officers are obligated to be as unbiased as possible and to relay any pertinent information back to the courts. Their duty is to the community as a whole, as well as to the individual offenders. Probation Officers, whether on or off duty, will abide by and follow all federal, state and municipal criminal laws, as well as those laws governing the

You May Also Find These Documents Helpful

  • Good Essays

    This article focuses on the fact that there is not enough probation officers in Ontario. Infact, the province is proposing legislation that could result in seeing more metal detectors at courthouses, although there might be more need to use that money to hire additional probation officers. The auditor general of British Columbia ranked Ontario the lowest ratio in terms of probation officers to offenders. In Ontario, there are 66 offenders for every probation officer, compared to the average of 51.…

    • 513 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    "Probation Strategies of Juvenile and Adult Pre-Service Trainees." Federal Probation 66.1 (2002): 33-37. CECybrary. EBSCOhost Database. Allentown Business School, Center Valley, PA. 7 July 2004 . The purpose of this study was to describe and compare probation strategies of probation officer trainees and to generate initial normative data to compound the validation of an instrument that measures probation strategies. The instrument 's design measures three predominant caseload management strategies: casework, resource brokerage and law enforcement. Five groups of trainees (n=158) were administered the instrument during pre-service training. The study asked several questions relating to the variables of age, length of service, gender, and assignment as an adult or juvenile officer on role and function perception. Using analysis of variance, correlation, and multivariate analysis, results found that juvenile trainees scored significantly lower on the law enforcement scale and older trainees endorsed law enforcement strategies less than younger trainees who tend to endorse it. The study also found that law enforcement strategies fade with length of service and gender did not play a role in strategies. The study concluded that the probation strategy of law enforcement remains a primary role in probation and parole. The instrument 's ability to match officers with functional roles and intervention strategies in varieties of probation settings could assist in training entry-level probation and parole officers in understanding the range of roles, functions and strategies required to perform the job. Accordingly, the research supports the further inquiry designed in this research…

    • 870 Words
    • 4 Pages
    Satisfactory Essays
  • Good Essays

    Utilitarianism theories hold that the moral worth of actions or practices is determined by their consequences. An action or practice is right if it leads to the best possible balance of good consequences over bad consequences for all affected parties. (Arnold, pp 17)…

    • 790 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Judicial review is unlike almost every other aspect of the American legal and legislative processes. It’s different for several reasons, but it is most unique in the sense that it was put into practice before it was put in to the books as law. It was instituted by Chief Justice John Marshall in 1803’s landmark case Marbury v. Madison. Judicial review has been around for over 200 years, and it still draws as much criticism today as it did the day it was instituted.…

    • 740 Words
    • 3 Pages
    Good Essays
  • Better Essays

    CRJ WEEK 10 Probation

    • 1375 Words
    • 4 Pages

    Probation is a sanction that a court orders to allow an individual who commits a crime to stay in the community without serving his jail term. However, an individual is not totally free during probation as he remains under the supervision of a probation officer (Prince William County, 2014). There are restrictions that the probationer must observe, and it is the duty of the probation officer to supervise the probationer so that he adheres to the restrictions. There are intricacies of probation, and if the probationer violates the restrictions, the probation officer reports him to the court for the appropriate action. Some of the restrictions that the probationer observes include restriction from handling weapons, abusing drugs or alcohol, and reporting to the probation officer, among other rules. If the probationer fails to adhere to the restrictions, it is the duty of the probation officer to report to the judge. The judge punishes the probationer by putting sanctions such as a jail-term, community service, restitution, and fines on the probationer (Prince William County, 2014).…

    • 1375 Words
    • 4 Pages
    Better Essays
  • Better Essays

    Abbott notes the importance of integrating theory and practice by asserting that professional expert knowledge, discretion and judgement rest at the interface between the work or tasks involved and the skill achieved through on-the-job training and practice and the abstract knowledge or theory that underpin this (Abbott 1988). This assignment will focus on a specific case (MS) that I have supervised during my traineeship and I will demonstrate my ability to assess, supervise, plan, intervene, review and evaluate a case by following the ASPIRE model of case management (Home Office 2005). MSs offence of theft was of an acquisitive nature, he stole a pair of trainers to sell on in order to fund his alcohol misuse. MS was sentenced at Rotherham Magistrates Court, for an offence of theft and was made subject to a twelve month Community Order under the Criminal Justice Act 2003. The following two requirements were imposed MS must attend Supervision to address his offending behaviour and an Alcohol Treatment Requirement to address his alcohol misuse. The reasons given behind this were that such a sentence would allow him to work with a Probation Officer in respect of the rehabilitation element. This proposal fits neatly with the anti-custody values of the Probation Service whose underlying concern is to deal with offenders in constructive ways which do not damage or degrade them. This is also related to other probation values of client self-determination and potential for change (Williams B 1995). Probation Orders are seen as punishments in themselves. Wasik and Taylor assert that the Criminal Justice Act 1991 introduced the Probation Order as a sentence of the court in its own right (Wasik and Taylor 1991 Pg48). Dunbar and Langdon argue that this Act was passed at a time when a major aim or criminal justice policy was to reduce prison numbers and ensure that sentences and the public saw community sentences as a viable option (Dunbar and Langdon 1998 Pg74). The…

    • 5078 Words
    • 13 Pages
    Better Essays
  • Good Essays

    Same-sex marriage is now legal across all US states due to a recent ruling from the Supreme Court of America (reference). Judicial review is the authority of a court to repeal unconstitutional government laws and actions (textbook reference). Theoretically, judicial review is there to “protect[] the constitutional rights of individuals” from arbitrary powers of the government. In practice, the court’s ability to do that varies between countries based on their constitutions. Some courts are able to strike down legislations while others can only criticize them. However, there have been debates about how judicial review is undemocratic in nature. This paper aims to argue for the importance of judicial review by further analyzing its characteristics…

    • 492 Words
    • 2 Pages
    Good Essays
  • Good Essays

    One of the most difficult things in the criminal justice field is related to ethics in the criminal justice profession. Whether it being a corrections officer, police officer, or a judge. The main goal is to ensure you as a professional are making the right decision for the greater good and that it falls within the guidelines that are set before you in the laws that have been written. In the recent dilemma that occurred in Broward County on February 19, 2014 is an example of an ethics dilemma in the criminal justice field that happens much too often. I will explain to you the nature of the dilemma, the ethical/unethical decision that…

    • 924 Words
    • 4 Pages
    Good Essays
  • Good Essays

    is one of the sole purposes of the Supreme Court of the United States. Many…

    • 1033 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    Probation and parole officers play a critical role in the criminal justice system, their involvement with offenders prior to incarceration and after release help keep the public safe. There are a multitude of duties they are responsible for, and the actions or inactions can potentially affect the outcome of the offender’s rehabilitation. The effectiveness of probation and parole officers can depend on the size of their caseloads, which can be excessive in numbers. They must balance the caseloads with the numerous entities, and outside agencies that they encounter daily. In addition, changes to the legal system, politics, and societal norms influence how probation and parole are regulated, and administered throughout the United States.…

    • 113 Words
    • 1 Page
    Satisfactory Essays
  • Better Essays

    Miss

    • 1364 Words
    • 6 Pages

    Abstract: this paper will be discussing the code of ethics of a jail officer. I will talk about an incident that has taken place at a jail between a correction officer and a inmate. I will determine what code of ethics the correction officer has violated and what actions I chose to take due to the officers violations. In closing I will discuss whether or not the decisions I made was guided by the institution’s subculture.…

    • 1364 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Judicial review is the power of the judicial branch to decide that acts of the legislative and executive branches of government are unconstitutional. These acts will be declared impossible to enforce. With this concept, the Supreme Court is allowed to ensure the other branches of government follow the Constitution. Thus, checks and balances, which is a system used to prevent one branch of government from becoming too powerful, is maintained. Marbury v. Madison was the first case the Supreme Court applied judicial review to. In the last days of the John Adams’ presidency, Adams approved of several Supreme Court justices. The commissions of these justices were not delivered when President Thomas Jefferson took office. Jefferson sent James Madison, who was the Secretary of State at the time, not to…

    • 642 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Probation officers role within the field of victim services has advanced over the past couple of decades. Previously underutilized within the criminal justice system, support and advocacy for victims is becoming a major part of the job for probation officers. The job of a probation officer has evolved from "court-oriented" to "victim-centric".…

    • 1164 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    Probation Officer Thesis

    • 2641 Words
    • 11 Pages

    Thesis: Probation officers face the fact that the profession has become dangerous, as the juveniles are not scared to hurt anyone. The fact that the caseloads of the probation officers has risen is another matter. The probation officer can not request that the caseload halt, as more juveniles are coming aboard to the system.…

    • 2641 Words
    • 11 Pages
    Powerful Essays
  • Powerful Essays

    Probation Parole

    • 1316 Words
    • 6 Pages

    As the 20th century ends, probation as a correctional practice is in search of a philosophical and ideological foundation. There is a growing awareness both within and without the field that probation is not all that it could or should be. Administrators and practitioners sense that their profession faces a crisis of legitimacy and suffers from a lack of public support.…

    • 1316 Words
    • 6 Pages
    Powerful Essays

Related Topics