Criminal Justice and Moral Reasoning

3/29/2012

Learning Objectives• Use knowledge and analyses of social

problems to evaluate public policy, and to suggest policy alternatives, with special reference to questions of social justice, the common good, and public and individual responsibility.

• Critically analyze social problems by identifying value perspectives and applying concepts of sociology, political science, and economics;

Opportunities to discuss course content

• Today-11-2

• Monday 10-2

The Problem of Recidivism

• The Repeat of an Offense

• 2/3-3/4 are Recidivists

– Parole, Probation and Rehabilitation do not seem to work.

What can We do?

• Broad Social Reform

• More Money for Rehabilitation

These are unlikely

Legalizing/Decriminalizing

• Victimless Crimes

• Minor Drug offenses

It sends a message that society tolerates and supports such activities

Alternatives to prisons

• Current system is very expensive

• More unconditional releases

• More House arrests

Make people less of a target

• Better home/personal security

• Decrease environmental opportunities. – More cameras– More Police– More lights

THINGS TO UNDERSTAND ABOUT MLA

Formatting the 1st Page• No title page

• Double space everything

• In the upper left corner of the 1st page, list your name, your instructor's name, the course, and date

• Center the paper title

• Create a header in the upper right corner at halfinch from the top and one inch from the right of the page (include your last name and page number)

Sample 1st Page

IN THE BODY OF THE PAPER

Format: General Guidelines• Use 12 pt. Times New Roman font (or similar

font)• Leave only one space after punctuation

• Set all margins to 1 inch on all sides

• Indent the first line of paragraphs one half-inch

• Page Numbers on all pages

Formatting Short QuotationsIn-text Examples:

According to some, dreams express "profound aspects of personality" (Foulkes 184),

though others disagree.

According to Foulkes's study, dreams may express "profound aspects of personality"

(184).

Is it possible that dreams may express "profound aspects of personality" (Foulkes 184)?

Cullen concludes, "Of all the things that happened there / That's all I remember" (11-

12).

Formatting Long QuotationsIn-text Example:

Nelly Dean treats Heathcliff poorly and dehumanizes him throughout her

narration:

They entirely refused to have it in bed with them, or even in their room,

and I had no more sense, so, I put it on the landing of the stairs, hoping

it would be gone on the morrow. By chance, or else attracted by hearing

his voice, it crept to Mr. Earnshaw's door, and there he found it on

quitting his chamber. Inquiries were made as to how it got there; I was

obliged to confess, and in recompense for my cowardice and

inhumanity was sent out of the house. (Bronte 78)

WORKS CITED

Works Cited vs. Bibliography

• Works Cited– Includes only things cited or appearing in the text

• Bibliography– Everything you used for the paper– Even stuff that didn’t make the final cut

MLA USES A WORKS CITED

Works Cited Page: The BasicsSample Works Cited page:

Dilemmas Paper II

About Paper 2• What it Contains

– Revised Paper I paper – A critical analysis and a moral analysis of the

Controversial Policy Solution

• 9-11 TOTAL Pages- 15 Works Cited

• Due in class on 4/12• Rubric

How it Should Be Organized

• Information From Paper I– Identification of the Social Problem– Scope of the Social Problem– Causes of the Social Problem– History of Policy on the Social Problem– Proposed Policy alternatives (including your

solution)

On Revising Paper I

• Read through the rubric and see where you lost points– Get the easy points (MLA, Format, Grammar)– Add to your history section if it is lacking– Gather better data and evidence demonstrating it

is a problem• Make sure that you have clearly demonstrated

that this is a social problem

New Information For Paper II

I. Clearly identify and define your controversial policy solution“Should the Federal Government Raise the Retirement Age for

Social Security”

II. Pro and Con- Stakeholders, Positions and Arguments III. Stakeholder Values and AnalysisIV. Analysis of Argumentation (in light of logic, evidence, and

values held)

I. Stating the Controversial Solution

• Make sure you identify it as a normative question (should, ought)

• Describe what the policy intends to do (without bias)

• Describe how the policy might be implemented and by whom

II. Stakeholders

• Who are they (clearly identify them)

• What do they Want (issues and arguments for/against the policy)

• Why (evidence)

II. Identifying Stakeholders

• Relevant parties who answer your topic question ‘yes’ or ‘no.’ (your ‘Pro’ and ‘Con’ parties)

• Must be organized, or have some kind of power to effect change on the issue. (elected officials, organized interests, formal and informal governmental institutions)

II. Stakeholders in the Paper

• Your paper will have stakeholders on both sides

• For efficiency, you might give all those who hold one particular position or stance a label: like advocates of X, or opponents of X. – Opponents and proponents– Side A and Side B– Those for/Those against

II Stakeholder Issues and Arguments

• What do they want and why?

• Issues: Broad areas of dispute for and against the policy solution. (e.g. costs)

• Arguments: The actual reasons why a stakeholder believes we should or should not adopt the policy solution

• Do not make these up, but use research to uncover them.

II. Stakeholder Evidence• What each side uses to SUPPORT its arguments• Can include:

– Statistical information– Case Studies– Studies (i.e. by industries, government organizations, scholars or

universities)– Expert testimony (legitimate journalists, think tanks, members of

congress)

• You will evaluate the evidence for its level of bias, quantity, quality, recent-ness, expertise.

III. Stakeholder Values and Evidence (moral reasoning)

• Using the methodology of "Obligations, Values, and Consequences" for ethical decision making, identify and discuss these aspects of both sides of the policy dilemma.

• Which side has a more moral argument

• This is the most difficult part of the paper

IV. Analysis of Argumentation

• Discuss the Strengths and weaknesses of each side of the debate

• "Which side has presented a stronger case and why?“

• Avoid personal biases- judge their evidence, not what you want

MORAL REASONING

MORAL REASONING

• A methodology to help people deal with moral dilemmas

• The Key to doing well on paper 2

MORAL REASONING

• Value-laden, i.e., ethical, perspective

• Based on Ruggiero method

Moral Reasoning and Paper 2

• Your paper has a value-laden problem

• Paper 2 uses moral reasoning to assess the moral components of each position

• Read the Handbook section on Moral Reasoning

Moral Reasoning Requirements for the American Dilemmas Project

• For Each Side in Paper 2 you must identify analyze for the proponents and opponents– The Obligations inherent in the position– The Values underlying the position– The potential consequences of the position– The position in terms of the normative principles

and theories that support it

VALUES, OBLIGATIONS AND CONSEQUENCES

The Heart of the Model

ACCEPTABLE CRITERIA FOR MORAL DECISION-MAKING

• Obligations

• Values

• Consequences

Be sure to consider each criteria before making any moral decisions.

OBLIGATIONS

• Relationships imply obligations

• Obligations relate to governmental roles

• Obligations imply restrictions

• Formal– Contracts, vows

• Informal– Citizenship, friendship, family, professions

WHAT ARE VALUES?

• Beliefs about what is good/desirable and bad/undesirable

• Guide us on how to behave• Unique to each individual

• Change due to time, experience

Questions to Help identify Values

• What utility do those holding a side expect to achieve?

• What interest do those holding a given position wish to protect or gain?

• What harm do those holding a position wish to prevent?

CONSEQUENCES

They are the projected results that might occur from any given action.

• Beneficial or detrimental• Immediate or long-range• Intentional or unintentional• Involve the person performing the action

and/or others

Measuring Consequences

• Difficult to predict because people behave irrationally

• Immoral Acts that produce good results – No• Moral Acts that produce mixed consequences-

maybe• What if a choice must be made

Moral Reasoning and Dilemmas

• Don’t simply list the values, obligations and consequences

• Use the literature to justify these things for each side. Do not just assume that they believe it.

MAKING A MORAL DECISION

USING THE CRITERIA IN A SYSTEMATIC WAY

1. Study the details of the case

2. Identify the relevant criteria• Obligations• Values• Consequences• Identify the foundational values at play

3. Determine courses of action

4. Choose the most morally responsible action

USING THE CRITERIA IN A SYSTEMATIC WAY

1. Study the details of the case– sometimes there are not enough details to satisfy

the three criteria. – Use creative thinking to speculate about possible

answers, depending on different imagined details.

USING THE CRITERIA IN A SYSTEMATIC WAY

2. Identify the relevant criteria• Here you should identify the obligations,

values and consequences. • Whom will they affect, in what way. • Rank which of the three is most important in

the given case. – Many times with public policy, you will find the

consequences to be the most important.

USING THE CRITERIA IN A SYSTEMATIC WAY

3. Determine possible course of action- consider all the choices of action that are available.

– It is only in rare circumstances that an individual has just one course of action.

– E.g. adopt, reject the policy

USING THE CRITERIA IN A SYSTEMATIC WAY

4. Choose the action that is most morally responsible after reviewing the information above

– No Set Formula

– See which side wins the most important criteria

– See which side wins the most criteria

Conclude by saying which side has the more “moral” argument