Ethics In The Criminal Justice System Philosophy Essay

Ethics In The Criminal Justice System doctrine EssayThe concept of good is the distinguishing feature of any act we herald incorruptistic (Souryal,2007,p.72). Our ethics ar guided by our morals. The giving medication and the vile justice governing body must be fair, ethical and unbiased. They must buy the farm with a code of ethics. These codes of ethics will provide moral guidelines and master key standards of conduct (Souryal,2007,p.111). Members of the criminal justice scheme surrender moral obligations and qualities that be in possession of to be met. The standards that they be held to are of the highest level and hold them to the obligations of h sensationsty, fidelity, and duty (Souryal, 2007). This helps to apologize the existence of societal admit.According to the Internet Encyclopedia of Philosophy (2004) the social contract theory is the view that mortals moral and/or political obligations are dependent upon a contract or agreement among them to form the community in which the constitute (para. 1). This theory keeps people from realness treated unjustly. It proposes that we are individualists with different identities, that we are enough, that we create participation, and that acting humanity we can follow that we are uninvolved and equal (Souryal, 2007). The social contract theory is cognize through three different people. They are Thomas Hobbes, Jean-Jacques Rousseau and most significantly fundament Locke.Thomas Hobbes believed that there was a need for a primeval authority to settle conflicts and settle disputes. Entering into a social contract would help them to become a civil monastic order. He felt that society was led by their emotions and that self-preservation would eventu solelyy lead to war. He felt that the however solution was to have a commonwealth ruled by a ruler or king and that is the only charge that peace would be kept, justice served and happiness achieved (Souryal, 2007).Jean-Jacques Rousseau be lieved that all men are created to be equal and therefore no one has the right to rule or test a nonher. He believes that every citizen should decide collectively on how to live in concert and what police forces should be enacted. He also noned that the citizens must live in close areas. If they are spread out so they cannot meet on a regular basis this social contract would not work. He believed that society most invoke their free will and constitute themselves politically. This would be good for society both individually and collectively (Internet Encyclopedia of Philosophy, 2004). John Locke use some of Hobbess theory but built upon it to make it a greater society contract. He believed in continuous tenseism and a more liberal form of politics. He wanted group economic and prosperity and dislike anything that did not fall under those guidelines. He believed and had trust in societys moral judgment and felt as if the government should only be used to settle extreme disputes. He believed that natural law was a way to emancipation, market economy, commerce and happiness. He proposed separation of powers and a body of checks and balances (Souryal, 2007). So there we have three different theories to the social contracts. We have Hobbess conception that we should be ruled by a ruler or a king, Rousseaus idea that we should all rule ourselves and make our own laws, and Lockes idea of liberalism which is what society is built on today.The key principles of Lockes social contract are economics and limited rule for the government. Locke believed that society should have free commerce and be open market the economy as they see fit. They should be able to obtain their wealth through a free economical society. The government should setup and pass the laws for society but in doing so not infringe on societies emancipation. The government should uphold those laws and administer punishment to anyone that breaks those laws. Societies license should come first an d foremost in the eyes of the government when flitting laws or dealing out punishment.Lockes principles were used within the Bill of Rights. He believed that even though there was a government to help to lick our society he felt that an individuals freedom should be sacrificed for this government. Freedom of faith, freedom to assemble, and freedom of speech and press are freedoms of society and therefore should not be taken away and within the bill of rights it severalises that no law should be passed to take these freedoms away. A regulated militia shall not dwarf the freedom and right to wear off arms. The freedom to protect their homes from against unreasonable expectes and seizures, a speedy trial, non-excessive bail, and trial by a jury of their peers also follows Lockes principles. The government will not act upon their own but only by the power that the Constitution allows them (U.S. Bill of Rights, n.d.).Lockes principles play a role in the criminal justice system. Hi s idea that an individuals freedom must not be infringed upon is one of the most important in the criminal justice system. The rights of citizens must not be violated even as they are macrocosm arrested for breaking the laws setup by the government. An individual must not be held for an indefinite time before they stand trial for the crimes they are incriminate of. An individuals privacy must not be violated. All paperwork must be in order if they are to be observed or search and seizure of any properties. Private security firms are not held to the analogous standards as our criminal justice system. They do not require all of the paperwork that the justice system does. They can use survelience equipment that cannot be used by the justice system. Private security firms are not held to the said(prenominal)(p) moral and ethical standards that the criminal justice system is. The criminal justice system must follow strict guidelines that make sure that they do not violate a citizens rights. They cannot lie and cheat to make the case. This is not the same rules that private security has to follow they can use all content possible to get the job done.Natural law is the law of humanity. clement reason is what natural law is based upon and supercedes legislative law. It is the moral obligations of human beings. The fundamentals of the natural law is used in the United Nations proclamation of Human Rights. These rights state that all human beings are born free and equal in dignity and rights everyone has the right to life, liberty and security of person no one shall be subjected to slavery or servitude no one shall be subjected to torture or to inhuman or degrading manipulation or punishment everyone is equal before the law everyone has the right to freedom of thought, conscience, and religion and everyone is entitled to all of the rights and freedoms set forth in the settlement (Souryal, 2007, p. 87). According to Souryal (2007), there are natural law principl es that restrict state power. They are governments shall not deprive anyone of liberty or citizenship governments shall not oust individuals governments shall not disallow habeas corpus and governments shall not arbitrarily deprive anyone of berth (p. 87). These are freedoms that individuals were born with and have the right to traffic pattern. The natural laws are things that the governments have no right to infringe upon.Freedom does not give an individual the right to break the law to justify their beggarlys. An individual must live by ethical standards and obligations just as the criminal justice system must follow the same standards and obligations. Criminal jusctice systems have standards and obligations that they have to follow. The members of the system has to follow the law and be fair and unbiased at the same time. They must protect society and their rights. Individuals have their rights and freedoms set down by the bill of rights. They have the freedom of speech but t his does not mean that they have the right to harm someone elses reputation. They have the right to bear arms but this does not mean that they have the right to institutionalise and wound or kill someone else. They have freedom of religion which means that everyone has the right to choose what religion they want to practice without being condemned for it. These are all personal rights that require some ethics to practice them properly.Lockes ideas concerning liberalism could have been thought as being too idealistic. Without these ideas it would have been a possibility that the idea of liberty and free enterprise in the world today would not have been possible. Many of Lockes principles were used in forming the promulgation of Independence. As a result we as a nation are free and prosperous today (Souryal, 2007).