Contents
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Ethics and Crime Ethics and Crime
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Rules and Ethics Rules and Ethics
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Developing Ethical Principles for Criminal Justice Developing Ethical Principles for Criminal Justice
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Identifying ‘Unethical’ Practices Identifying ‘Unethical’ Practices
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i) The Necessity Principle of Detention: i) The Necessity Principle of Detention:
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ii) The Principle that Questioning Should be Regulated According to Proper Standards of Decency: ii) The Principle that Questioning Should be Regulated According to Proper Standards of Decency:
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iii) The Principle that Questioning should be Mechanically Recorded: iii) The Principle that Questioning should be Mechanically Recorded:
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iv) Reading the Defendant's Rights: iv) Reading the Defendant's Rights:
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v) Disclosure of Unused Evidence: v) Disclosure of Unused Evidence:
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vi) Disclosure of Expert Findings: vi) Disclosure of Expert Findings:
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vii) Securing the Individual's Rights at the Police Station: vii) Securing the Individual's Rights at the Police Station:
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viii) Prosecutorial Review of the Decision to Prosecute: viii) Prosecutorial Review of the Decision to Prosecute:
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ix) Deciding on Mode of Trial: ix) Deciding on Mode of Trial:
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x) Complying with Pre-Trial Procedures: x) Complying with Pre-Trial Procedures:
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Understanding ‘Unethical’ Behaviour Understanding ‘Unethical’ Behaviour
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Justifying ‘Unethical’ Behaviour by Challenging the Ethics Justifying ‘Unethical’ Behaviour by Challenging the Ethics
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Unethical Standpoints? Unethical Standpoints?
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Criminal Justice Reform Through Ethics Criminal Justice Reform Through Ethics
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Conclusions Conclusions
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7 Ethics and Criminal Justice
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Published:February 1996
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Abstract
This chapter describes the ethical problems in the criminal law jurisdictions. The concern of this chapter is with one particular kind of criticism — that certain conduct in criminal justice is unethical. The focus is on the pre-trial stages of criminal justice, leaving aside the substantive criminal law and sentencing. Much discussion of ethics in criminal justice takes the dilemma of the individual lawyer as the central issue. Topics covered include ethics and crime, rules and ethics, developing ethical principles for criminal justice, identifying ‘unethical’ practices, understanding ‘unethical’ behaviour, justifying ‘unethical’ behaviour by challenging the ethics, unethical standpoints, and criminal justice reform through ethics. It concludes by reconsidering the implications of codes of ethics for the practice of criminal justice.
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