Study Site for Criminal Justice Ethics, 2nd Edition
Theory and Practice
Cyndi Banks


Journal Articles

Note: Click on each link to expand and view the content then click again to collapse.

Chapter 1: The Importance of Ethics in Criminal Justice

Nelken, D. (2009). Comparative Criminal Justice: Beyond Ethnocentrism and Relativism. European Journal of Criminology, Vol. 6, No. 4, 291-311.

Description
Relativism and ethnocentrism are concepts applied by the author in the context of a critique of a recent book comparing the rate of imprisonment in different countries. In this critique, Italy – an example of a country with a low imprisonment rate – is compared with the U.S. and other European countries. The author argues that we can learn from the criminal justice systems of other countries, but that we must also try to understand (through avoidance of relativism and ethnocentrism) what it is that their policy makers are trying to do to respond to problems they face.
                                                                                             
Abstract
How can the study of comparative criminal justice avoid the opposite dangers of ethnocentrism and relativism? The problem is examined taking as an example Cavadino and Dignan's recent analysis of differences in prison rates. The case is made that more attention needs to be given to understanding how different criminal justice systems actually produce prison rates as well as to interpreting the ideas and values that animate those inside and outside the system.

Schneider, J. L. (2006). Professional Codes of Ethics: Their Role and Implications for International Research. Journal of Contemporary Criminal Justice, Vol. 22, No. 2, 173-192.

Description
This is a fascinating discussion of the problem of what ethical codes or standards must be followed by criminal justice researchers conducting international studies. The author reviews the legal requirement in the U.S. and elsewhere that proposed human subjects research is screened by an institutional review board to assure, for example, that subjects have given their informed consent to requested interviews. She also describes her personal experiences involving interviews of offenders conducted in England, and a subsequent conflict with law enforcement officials arising from her refusal to divulge the names of subjects who gave her incriminating information.

Abstract
International criminological research is growing both in terms of prominence and occurrence. Boundaries for conducting research are expanding well beyond our respective national borders. Foreign nationals or visiting fellows—who venture outside their home countries to compare or contrast existing crime trends, events, policies, or practices—are faced with a myriad of challenges. One methodological challenge is to conduct research within ethical constructs. However, the issue becomes “To which country’s code of practice or ethical standards does the international researcher adhere?” The purpose of this article is to explore the issue of doing ethical international research with the aim of offering pragmatic suggestions on how to proceed with international studies that can withstand ethical scrutiny.

Haag, A. M. (2006). Ethical Dilemmas Faced by Correctional Psychologists in Canada. Criminal Justice and Behavior, Vol. 33, No. 1, 93-109.

Description
Correctional psychologists are one of many criminal justice system actors who confront ethical dilemmas in their work daily.  Using ethical principles of the Canadian Psychological Association, the author discusses ethical issues confronted by correctional psychologists that are unique to the correctional environment.

Abstract
There are numerous ethical issues that correctional psychologists in Canada face on a regular basis. This article analyzes the following ethical issues as they relate to the adult correctional context in Canada: (a) who is the client, (b) confidentiality, (c) protection of psychological records, (d) informed consent, (e) assessment, (f) corroboration, (g) refusal of services, (h) nondiscrimination, (i) competence, (j) knowledge of legal structure, (k) accuracy and honesty, (l) misuses of psychological information, and (m) multiple relationships. This article is organized around three of the four principles of the Canadian Psychological Association's ethics guide.

 

Chapter 2: Ethics and the Police

Withrow, B. L. & Dailey, J. D. (2004). A Model of Circumstantial Corruptibility. Police Quarterly, Vol. 7, No. 2, 159-178.

Description
This Article begins with an excellent review of theories of police corruption, and then argues that insufficient attention has been given to the motivations of the givers and recipients of gratuities. In addition, the author argues that there has been an over-emphasis on the monetary value of gratuities in the determination of their ethicality. The proposed model, the authors suggest, has implications for both future research and development of departmental policies regarding gratuities.

Abstract
 With notable exceptions, previous explanations and typologies of police corruption
tend to associate the potential social harm of gratuity giving with the relative monetary value of the gratuity and focus culpability for this form of corruption primarily on the police officer. The model presented herein amends Kania’s typology and expands our understanding of corruption by (a) focusing on the importance of the power dynamic between givers and receivers and (b) discounting the importance of the relative value of a gratuity when determining the level of corruption. Policy recommendations and suggestions for subsequent research consistent with the model are presented.

Maher, T. M. (2003). Police Sexual Misconduct: Officers' Perceptions of its Extent and Causality. Criminal Justice Review, Vol. 28, No. 2, 355-381.

Description
The author of this revealing Article reports the results of a survey administered to 40 police officers about their first- and second-hand knowledge of sexual misconduct by fellow officers. Respondents admitted seeing or hearing about a high number of such incidents (more than 20,000) during the year prior to the taking of the survey, and during their careers. The frequency and forms of sexual misconduct, tending more toward the consensual variety, and the respondents’ perceived reasons for this behavior, provide valuable information for adoption of formal anti-sexual misconduct policies and future research on the subject.

Abstract
This article reports on a survey of police officers in 14 different police agencies in four counties in the St. Louis metropolitan area. Results from a self-administered questionnaire followed by an oral interview indicate that officers reported sexual misconduct to be common and reveal a broad consensus among officers that the more serious forms of this behavior should not be tolerated. Nevertheless, none of the departments studied was found to have a formal policy specifically proscribing sexual misconduct, and criminal justice officials have done little to help control the problem, suggesting that this problem may in part be fostered by the police subculture. The conclusion explores policy implications within law enforcement and suggests the need for increased attention from researchers and from criminal justice officials and personnel.

Peak, K. J., Stitt, B. G., & Glensor, R. W. (1998). Ethical Considerations in Community Policing and Problem Solving. Police Quarterly, Vol. 1, No. 3, 19-34.

Description
This Article provides a good, basic overview of moral theory, and then proceeds to address some real ethical issues that have arisen in the context of community-oriented policing and problem-solving policing. These include, what to do with homeless or otherwise undesirable persons?; with rival gang members who reached a truce, and now want the police to “look the other way” with respect to offenses more minor that shootings?; gratuities given by grateful mall merchants?; and the conflict faced by police administrators who see a need for greater need for police presence in one community, which conflicts with demands by members of a more affluent community.

Abstract
Although the literature concerning community-oriented policing and problem solving (COPPS) is rapidly growing, very little has been written concerning its relationship with ethics—a relationship that is critical to the success of COPPS. Many academics and practitioners are concerned that the potential for ethical dilemmas is increased with the shift to COPPS, given the nature of ethics training, decentralization, expanded discretionary authority and officers' greater proximity to citizens. This article discusses ethics in general as well as police ethics and ethical considerations under COPPS. In addition to academics and police practitioners, this in formation should also be useful to citizens, who demand and expect ethical behavior from their police. Included are four case studies of situations that are likely to occur within a COPPS framework; each scenario is accompanied by an ethical analysis of the situation.

 

Chapter 3: Racial Discrimination in the Criminal Justice System

Michael J. Leiber, M. J., Mack , K. Y., & Featherstone, R. A. (2009). Family Structure, Family Processes, Economic Factors, and Delinquency. Youth Violence and Juvenile Justice, Vol. 7, No. 2, 79-99 (2009)

Description
This Article reports the results of a test of several theories of delinquency (two versions of social control theory, and economic/strain theory) which suggest that delinquency is related to family structure and economic factors. Data was obtained from interviews with over 20,000 juveniles and one of their parents regarding their family structure, parental relationships, and other variables. The results are somewhat surprising, in that maternal attachment rather than family structure itself was found to be associated with higher rates of delinquency across all racial categories.

Abstract
Using data from the Add Health Study, the authors examined relationships among family structure, family processes, and economic factors with delinquency and to what extent similarities and differences may exist for Whites, African Americans, and Hispanics. Results from negative binomial regression analyses indicated that, in general, of the family processes, maternal attachment was consistently found to be an important predictor of nonserious and serious delinquency irrespective of family structure, economic factors, and race and ethnicity. The results are discussed within the context of Hirschi's original interpretation of social control theory, and future directions for research are suggested.

Baker, D. V. (2008). Black Female Executions in Historical Context. Criminal Justice Review, Vol. 33, No. 1, 64-88.

Description
This Article is a detailed, historical account of a little-studied phenomenon, executions of black females before the Civil War during slavery, and during the later Jim Crow era in the South. Also described is the sexual violence imposed upon female slaves, which was not illegal under the law at the time. Many of the murders for which black females were executed were found to be responses to attacks by White slave holders. This is truly an eye-opening study of a sad period of extreme racism in America and its early criminal justice system.

Abstract
This article examines the systemic oppression of executed Black women from the earliest periods of American history. The most consistent factor in Black female executions throughout U.S. history is criminal justice authorities' executions of Black women largely for challenging gendered and racist exploitation. Colonial and antebellum slavery institutionalized the persecution of slave women, who often retaliated against oppressive brutality by killing White masters. White lynch mobs effectively augmented the legal killing of Black women in postbellum society and lowered Black female execution rates. Reduced to a peonage state in the apartheid of Jim Crow, Black women's crimes of resistance against White brutality paralleled those of slave women decades earlier. And despite the delusional expansion of civil rights and the sovereignty of Black people over the confines of segregation in the modern era, the racialized sexism of American criminal justice has rendered Black women ever more vulnerable to the death penalty.

Feld, B. (1999). A Funny Thing Happened on the Way to the Centenary:
Social Structure, Race and the Transformation of the Juvenile Court. Punishment & Society, Vol. 1, No. 2, 187-214.

Description
The author, an authority on juvenile justice, presents various explanations for a trend he has observed, in which the originally rehabilitative philosophy of the juvenile court has gradually been supplanted by a more legalistic and punitive approach to delinquency. The explanations include evolving social conceptions of children, demographic changes such as immigration and population shifts, court decisions recognizing juveniles’ constitutional rights, procedural deficiencies in the juvenile court, as well as escalating use of guns and the growth of gang membership. The author concludes that the dual purposes of the juvenile justice system, of social welfare and law enforcement, are inherently contradictory.

Abstract
Within the past three decades, legal changes have transformed the juvenile court from a nominally rehabilitative social welfare agency into a second-class criminal court for young offenders. The migration of blacks from the rural south to the urban north that began more than three-quarters of a century ago, the structural transformation of cities and the economy over the past quarter of a century, and the current public and political linkages between race and serious youth crime provided the impetus for recent punitive juvenile justice policies. Two competing conceptions of young people – innocence and responsibility – have facilitated the juvenile court’s metamorphosis from a welfare into a penal organization as policy makers selectively manipulate these competing social constructs to conduct a form of `criminological triage’. At the `soft end’, states have shifted non-criminal status offenders out of the juvenile system into a `hidden system’ in the private-sector mental health and chemical dependency industries. At the `hard end’, states transfer increasing numbers of youths, disproportionately minority, into the criminal justice system. In the `middle’, states’ sentencing policies escalate the punishments imposed on those delinquents, again disproportionately minority, who remain in an increasingly criminalized juvenile justice system. These changes in youth sentencing policy reflect both a change in the social construction of adolescence and in strategies of social control. As a result, very little remains of the Progressives’ idea of a rehabilitative juvenile court.

 

Chapter 4: Lawyers and Ethics

Schoenfeld, H. (2005). Violated Trust: Conceptualizing Prosecutorial Misconduct. Journal of Contemporary Criminal Justice, Vol. 21, No. 3, 250-271.

Description
Most people would not think of prosecutors when the subject of legal ethics is discussed. But, as the author of this Article notes, prosecutorial misconduct was a major cause in recent cases involving wrongful convictions. After articulating prior theories explaining prosecutorial misconduct – most of which occurs during trials in the form of personal remarks, remarks promoting bias, and improper conduct around the facts of the case – the author develops her own theory. She postulates that this form of unethical conduct is explained by prosecutors’ definitions of success, as influenced by the workplace and reward structures in place. 

Abstract
In the past decade, investigations into wrongful convictions have uncovered multiple incidents of prosecutorial misconduct during trial. This article proposes a theoretical explanation of prosecutorial misconduct with the goal of prompting further research. The theory builds from the characterization of prosecutors as agents of trust and prosecutorial misconduct as a violation of the norms of trust. Utilizing theories of occupational crime, the theory explains how the structure of the trust relationship creates motivation and opportunities for misconduct. Motivation to engage in misconduct stems from prosecutors’ definitions of success, which are influenced by the reward structure and the availability of techniques of neutralization. Opportunities for misconduct arise because of the organization of the prosecutorial role and weak sanctions for prosecutors’ misbehavior. Given the motivation and opportunity, prosecutors’ decision to engage in misconduct depends on their evaluation of existing opportunities, which is influenced by their workplace subculture and their values and beliefs.

Cohen, N. J. (2001). Nonlawyer Judges and the Professionalization of Justice: Should an Endangered Species Be Preserved? Journal of Contemporary Criminal Justice, Vol. 17, No. 1, 19-36.

Description
Not everyone knows that there are about 30 states that allow nonlawyers to become judges. This article reviews the history and extent of nonlawyer judging in the U.S, and provides both the author’s and others’ personal experiences with nonlawyer judges and court decisions upholding their constitutional legality. The author does not hide his dissatisfaction with current policies preserving such positions, and argues that judicial education is necessary to ensure that nonlawyer judges follow the law and treat parties fairly.

Abstract
This article examines the scope of nonlawyer judges in state and local trial courts, with an emphasis on courts of limited jurisdiction. It looks at trends in legal education and the current emphasis on judicial ethics. A review of statewide court reform in Pennsylvania is detailed as representative of many states' experiences. An analysis of criminal defendants' due process rights before nonlawyer judges reviews cases from the U.S. Supreme Court and the Tennessee Supreme Court. The article concludes with ideas about the future of nonlawyer judges.

Belbot, B. A. (1991). Whistleblowing and Lawyers. Journal of Contemporary Criminal Justice, Vol. 7, No. 3, 154-166.

Description
The author defines a whistleblower as “a current or former employee who makes public allegations of his or her employer’s wrongdoing.” (p. 154) They are faced with the conflicting ethical duties of loyalty to the organization that employs them, their duty to report unconscionable or illegal practices, and, in the case of lawyers, to their professional obligations, including the duty of confidentiality.  While the Article does not address issues directly related to lawyers in the criminal justice system, the discussion of the need to reform legal ethics principles to prevent confidentiality from being a sanctuary for crime and fraud

Abstract
In recent years, a great deal of attention has been paid to whistleblowers, those heroic people who risk their jobs, friendships and health to expose their employers' illegal or unethical behavior. This article examines the difficulties faced by a corporate attorney who discovers that her client has committed a fraudulent act. A lawyer's code of professional ethics and the common law obligation to keep client confidences make it virtually impossible for an attorney to "blow the whistle" on a corporate client or employer.

 

Chapter 5: The Purpose of Criminal Punishment

Martin, M. E. ((2006). Restoring Justice Through Community Policing. Criminal Justice Policy Review, Vol. 17, No. 3, 314-329.

Description
Criminal justice literature generally does not address issues that arise in “transitional” societies, that is, societies that have undergone major social and political upheavals (from war to peace), such as Northern Ireland.  The author in this Article, however, describes how community policing was successfully adopted in connection with the peace agreement between the UK and the Republic or Ireland in 1998. The Article discusses the centrality of policing in such a society in preserving law and order among persons of different racial or cultural groups, and shows how community policing is compatible with the ideals of restorative justice philosophy.

Abstract
Principles of restorative justice guide new approaches to criminal justice policy and practice worldwide; however, scant attention is paid to policing within this paradigm. This article describes the theoretical, practice, and value dimensions of restorative justice and examines these in relation to community policing ideology and practice. It presents a policy analysis of the bold Northern Ireland police reform experience and explores the central dilemmas and opportunities inherent in transforming police within communities in conflict. In spite of substantial implementation challenges, community policing may restore justice because of the demand for a sustained peace, dynamism generated when police reform is part of larger social reform, and determination elicited from the poignant recognition of prior injustice. Through police reform, there is potential for greater local democratic control and accountability of the state social control mechanism.

Koss, M. P., Bachar, K. J., Hopkins, C. Q., & Carlson, C. (2004). Expanding a Community’s Justice Response to Sex Crimes Through Advocacy, Prosecutorial, and Public Health Collaboration. Journal of Interpersonal Violence, Vol. 19, No. 12, 1435-1463.

Description
This article focuses on treatment methods for offenders who have committed “minor” sex offenses, that is, those not involving penetration, such as voyeurism, indecent exposure, exhibitionism, and making obscene phone calls. After comprehensively describing the relative inattention and mild punishments these offenders have received, despite substantial victim harm, the authors review the principles of restorative justice (RJ), including the “conferencing model” (programs involving face-to-face meetings between offenders and their victims). The paper concludes with a description of the Arizona RESTORE project, which is an example of the conferencing model of RJ, including the multitude of operational and ethical issues encountered by promoters of the program.

Abstract
Problems in criminal justice system response to date-acquaintance rape and nonpenetration sexual offenses include (a) they are markers of a sexual offending career, yet are viewed as minor; (b) perpetrators are not held accountable in ways that reduce reoffense; and (c) criminal justice response disappoints and traumatizes victims. To address these problems, a collaboration of victim services, prosecutors, legal scholars, and public health professionals are implementing and evaluating RESTORE, a victim-driven, community-based restorative justice program for selected sex crimes. RESTORE prepares survivors, responsible persons (offenders), and both parties’ families and friends for face-to-face dialogue to identify the harm and develop a redress plan. The program then monitors the offender’s compliance for 12 months. The article summarizes empirical data on problems in criminal justice response, defines restorative justice models, and examines outcome. Then the RESTORE program processes and goals are described. The article highlights community collaboration in building and sustaining this program.

Daly, K. (2002). Restorative Justice: The Real Story. Punishment & Society, Vol. 4, No. 1, 55-79.

Description
This Article’s subtitle accurately describes her project, which is to challenge generally accepted principles espoused by proponents of the philosophy of restorative justice (RJ). The author recites, and then proceeds to negate, established principles – or “myths,” as she prefers to characterize them – about RJ. In support, she cites her personal observations of many examples of the “conferencing” model of RJ, in which offenders meet their victims. She also very persuasively critiques recent uses of the “caring” philosophy espoused by Gilligan (1982) in support of RJ proponents (see Chapter 14 of this text). The recent literature continuing to cite the philosophy of caring as a principle of RJ ignores the substantial challenges made to Gilligan’s theory, and Gilligan’s own retrenchment regarding her claim that moral reasoning by males and females is so distinguishable (Gilligan, 1987). Ultimately, the author gives her support to RJ, but cautions against overly optimistic expectation for such conferencing programs.

Abstract
Advocates’ claims about restorative justice contain four myths: (1) restorative justice is the opposite of retributive justice; (2) restorative justice uses indigenous justice practices and was the dominant form of pre-modern justice; (3) restorative justice is a ‘care’ (or feminine) response to crime in comparison to a ‘justice’ (or masculine) response; and (4) restorative justice can be expected to produce major changes in people. Drawing from research on conferencing in Australia and New Zealand, I show that the real story of restorative justice differs greatly from advocates’ mythical true story. Despite what advocates say, there are connections between retribution and restoration (or reparation), restorative justice should not be considered a pre-modern and feminine justice, strong stories of repair and goodwill are uncommon, and the raw material for restorativeness between victims and offenders may be in short supply. Following Engel, myth refers to a true story; its truth deals with ‘origins, with birth, with beginnings... with how something began to be’ (1993: 791-2, emphasis in original). Origin stories, in turn, ‘encode a set of oppositions’ (1993: 822) such that when telling a true story, speakers transcend adversity. By comparing advocates’ true story of restorative justice with the real story, I offer a critical and sympathetic reading of advocates’ efforts to move the idea forward. I end by reflecting on whether the political future of restorative justice is better secured by telling the mythical true story or the real story.

 

Chapter 6: Ethics in Corrections

Souryal, S. S. (2009). Deterring Corruption by Prison Personnel: A Principle-Based Perspective. The Prison Journal, Vol. 89, No. 1, 21-45.

Description
Professor Souryal, who studies criminal justice ethics in the field of corrections, presents in this Article his proposal for creating “civil” prison environment which he theorizes will lead to lower rates of corruption by correctional personnel.  The author contrasts the concepts of professionalism and corruption, reviews various definitions and examples of ethical misconduct in corrections, and offers several corruption “indicators” of which the prison management group should be aware. The author suggests adoption of anti-corruption programs with certain elements, including upgrading personnel recruitment, establishing quality-based supervisory techniques, strengthening fiscal controls, and an emphasis on ethical training.

Abstract
This article discusses corruption in U.S. prison institutions and proposes effective methods to deter its continuance. Unlike other research that has advocated increasing pain and brutality, this article presents a principle-based approach, not weak, spineless, or soft but indeed earnest, steadfast, and well disciplined. It balances the continuum between reinforcing rational and reasonable rules to control the behavior of inmates and mature and professional performance by enlightened correctional officers. This article is based on a solid assumption: The more civil the correctional institution is, the more civil, and the less violent, its residents will be. It questions the traditional belief that most prison inmates are subhumans who can be controlled only by violence, understand only the crunch of force, and detest the universal norms of fairness, dignity, and humanity. This article concludes by presenting a few practical propositions to better assist prison administrators in performing their duties more effectively and civilly.

Stohr, M. K., Hemmens, C., Kifer, M., & Schoeler, M. (2000). We Know it, We Just Have to Do it: Perceptions of Ethical Work in Prisons and Jails. The Prison Journal, Vol. 80, No. 2, 126-150.

Description
The authors of this Article present data regarding ethics-related opinions collected from a survey of 467 respondents employed in both jails and prisons. They begin by noting that existing criminal justice ethics literature concentrates primarily on the need for ethics codes and ethics training, but that little empirical study has been conducted on the subject. The survey instrument used lists 33 items relating to six “ethical dimensions,” the mean responses to which are compared by the authors across groups such as jail versus prison employees, and males and females. The study concludes that, while respondents know what ethical behavior is, they now – as the subtitle of the Article states – “just have to do it.”

Abstract
Determining what the appropriate behavior is in any given circumstance is not always clear in corrections work, given the nature of the tasks, the composition of the clientele, and the structure of the organization. In an effort to determine what correctional staff regarded as ethical behavior, the authors developed and administered a questionnaire to correctional staff in several prisons and jails in a western state. In this article, the authors report their findings from the effort to quantify the degree to which staff agree and disagree in their perceptions of ethical choices. They found that jail and prison staffs are more likely than not to perceive their work from an ethical perspective. The findings also indicate that although both types of facilities were in the top range of possible responses on the ethics summary variable, the jail staff were more likely to score higher. Finally, age increased the likelihood that a respondent had a higher ethical rating in jails, and being female increased such a score in prisons.

Reisig, M. D. & Pratt, T. C. (2000). The Ethics of Correctional Privatization: A Critical Examination of the Delegation of Coercive Authority. The Prison Journal, Vol. 80, No. 2, 210-222

Description
Unlike previous studies of the costs, benefits, and efficiency of private correctional facilities, this Article addresses the ethical question, Should government delegate coercive authority to private entities? The authors first clearly describe the evolution of liberal (rights-based) theories from Hobbes to Rawls, and establish that society’s authority to use coercive force (punishment) has always rested in the state or government, undercutting the contention of private prison proponents. They also argue that proponents have misplaced their reliance upon libertarian thought, which is reviewed and also shown to favor the state’s exclusive authority to punish. Ultimately, the authors suggest that certain correctional functions that do not have the purpose of punishment could be privatized without violating the principles of a liberal or libertarian society.

Abstract
Privatization in the correctional setting takes many forms. This article focuses on an extreme variant of correctional privatization—privately owned and operated facilities—and critically examines the philosophical argument used to legitimate the practice. Among the more problematic features identified include a reliance on an interpretation of liberal theory that muddles the distinction between rights and authority, and confusion regarding the libertarian conceptions of the ultraminimal and minimal state. As a result, the attempt to justify the delegation of coercive authority from the state to private agencies is questioned. The authors attempt to advance ongoing debate by discussing one method for identifying what privatization alternatives are consistent with liberal theory's conceptions of the individual and the state's authority to punish.

 

Chapter 7: The Ethics of Criminal Justice Policy Making

Myers, D. L. (2003), Adult Crime, Adult Time: Punishing Violent Youth in the Adult Criminal Justice System. Youth Violence and Juvenile Justice, Vol. 1, No. 2, 173-197

Description
This Article begins with an extensive literature review about all aspects of juvenile court transfers (or, waivers) of jurisdiction over serious and violent juvenile offenders to adult courts. The authors go on to describe their research, which studies differences in two groups of juveniles, those transferred to adult court and those who were not, on a variety of measures. The Article is a good example of how empirical – in this case quantitative – research can inform policy making in the area of juvenile justice.  While the statistics reported may be a little overwhelming to the student unfamiliar with its principles, the authors’ discussion show how their findings (that transferred juveniles are treated more harshly than those not transferred) force us to reconsider the purposes and wisdom of a widespread approach to juvenile transfers.

Abstract
Contemporary concerns about youth violence and related legislative reforms have resulted in greater numbers of adolescent offenders being handled in the adult criminal justice system. Although some past research suggests that juveniles transferred to adult court often receive somewhat lenient treatment, more recent studies focusing on violent youthful offenders have found the adult system to be more punitive in nature. This study examined this issue for 557 violent youth from Pennsylvania, of which 138 were judicially waived to adult court. Statistical analyses revealed that in terms of punishment certainty, severity, and swiftness, juveniles transferred to adult court were treated more harshly than were those retained in juvenile court, whereas juvenile court processing occurred much more quickly. Corresponding policy implications are discussed.

Miller, M. (1995). Covert Participant Observation: Reconsidering The Least Used Method. Journal of Contemporary Criminal Justice, Vol. 11, No. 2, 97-105.

Description
This fascinating Article, while somewhat dated, discusses the interesting ethical issue of “covert participation observation” in criminal justice research. This phrase refers to the use of undercover methods by academics studying “otherwise inaccessible settings.” By this, the author refers to groups which cannot be studied by the ordinary methods of surveys, or even overt participation observation (where those observed know the researcher is present to collect data), such as criminal groups or even police groups. While the issue has since been addressed by federal regulations requiring universities receiving federal funds to establish an “Institutional Review Board” that assures ethical conduct by natural and social science research using human subjects, this Article presents a comprehensive overview of the issues, pro and con, and can serve as a valuable subject for class discussion and debate.

Abstract
"The goal of any science is not willful harm to subjects, but the advancement of knowledge and explanation. Any method that moves us toward that goal is justifiable" (Denzin 1968).

Gibbs, J. P. (1998). Toward Theories about Criminal Justice. Journal of Contemporary Criminal Justice, Vol. 4, No. 1, 20-36.

Description
The author of this Article provides the reader with a compendium of theories that have been proposed to address three primary questions about the criminal justice system regarding its aims, efficacy, and consequences. After usefully cataloging the many proposed theories, the author reminds the reader that the criminal justice system has many policy implications, and that we should promote those theories that promise the greatest realization of their potential.

Abstract
Theories about criminal justice are needed because of the important social policy implications of this area of study. There are three major questions which must be addressed by theorists as part of the study of criminal justice: (1) what are the aims of criminal justice agents? (2) what is the efficacy of criminal justice? (3) what are the consequences of criminal justice? Theories which have been proposed to answer these questions are reviewed and possible policy implications of these theories are explored.

 

Chapter 8: Ethics and the “War on Terrorism”

Gross, O. (2007). Torture and an Ethics of Responsibility. Law, Culture and the Humanities, Vol. 3, No. 1, 35-54.

Description
In this article on the ethics of torture, the author first explains the controversy between the “absolutists” who argue that torture is never acceptable under any circumstances, and the “relativists” who believe that, under the threat of catastrophic events (the so-called “ticking bomb” case), torture may be acceptable. He then proposes a new approach, which is to maintain an absolutist rejection of torture, which he couples this with the reality that interrogators may indeed break the law in case a catastrophe is threatened. The, he argues, executive clemency would (or could) result in an exoneration of the official using extralegal methods. The article has many useful citations of materials on the subject of torture.

Abstract
May torture ever be morally or legally justified or excused? This article argues that an absolute legal ban on torture ought to be maintained. However, in truly catastrophic cases the appropriate method of tackling extremely grave national dangers and threats may call for going outside the legal order. The way to deal with the "extreme" or "catastrophic" case is neither by ignoring it nor by using it as the center-piece for establishing general, ex ante, policies. Rather, the focus is on the possibility that truly exceptional cases may give rise to official disobedience: Public officials may act extralegally and be ready to accept the legal ramifications of their actions.

Bellamy, A. J. (2005). Is the War on Terror Just? International Relations, Vol. 19, No. 3, 275-296.

Description
This article contains a thorough discussion of the three perspectives on the ethics of war as applied to former President Bush’s declared war on terrorism after the September 11, 2001, attack on the U.S. These are the perspectives of (a) realism (the view that the defense of the state and its vital national interests justifies a war, regardless of moral constraints such as whether war is conducted as a last resort, proportionality of force, and the likelihood of success), (b) pacifism (the moral renunciation of the use of force), and (c) the Just War tradition, in which war is permissible if it is just and certain moral constraints are followed. The author essentially argues that there are aspects of the war on terrorism that cannot be defended based on Just war theory.

Abstract
This article explores the question of whether the war on terror is just. It begins by arguing that the Just War tradition offers a better way of asking moral questions about war than either pacifism or realism. Applying the Just War tradition suggests that in order to justify a war on terrorism, we need to know exactly who the terrorists are and whether they have given us just cause for war. The war on terror as conceived by the Bush administration does not satisfy these tests because it threatens to wage war on those who have done no wrong and constitutes a disproportionate response. Whilst the war on terror may be unjust, war against specific terrorists may certainly be justifiable. The final part of the article explores some of the jus in bello elements of the war on terror and raises grave concerns about the way that the US and its allies are conducting the war.

Crelinsten, R. D. (2003).  The World of Torture: A Constructed Reality. Theoretical Criminology, Vol. 7, No. 3, 293-318 .

Description
In this thought-provoking article, the author suggests an explanation for the reality of torture, which is used in many countries despite its formal international disapproval. He argues that in torturing countries, a “constructed reality” is established at the domestic and international levels whereby perpetrators, bystanders, and victims come to understand its necessity. From there, the author addresses the best methods for “dismantling” a torture reality

Abstract
This article argues that torture is made possible, despite almost universal condemnation in legal codes, by the construction of a closed world that permits the use of torture against specific members of society defined as enemies. The article examines how a torture-sustaining reality is constructed (causes), how it is maintained and institutionalized (consequences), how it can be dismantled or deconstructed (cures) and, ultimately, how it can be prevented from forming in the first place (prevention, early warning). For each phase, the article looks at those variables that are most pertinent for three types of actors: perpetrators, victims and bystanders. It also examines those variables that operate primarily at the domestic level and those that operate at the international level.

 

Chapter 9: Duty and Principle

Begley, A. M. (2008). Guilty But Good: Defending Voluntary Active Euthanasia From a Virtue Perspective, Nursing Ethics, Vol. 15, No. 4, 434-445.

Description
The question addressed by the authors of this article is whether it is possible to kill someone, such as one’s medical patient who is terminally ill and in excruciating pain, and at the same time behave well and flourish. This is a true story of a physician who did just that. It is also the story of a nurse who reported the doctor’s act of euthanasia, and how she was vilified for doing so. Applying Aristotelian virtue theory and concepts such as phronesis and the Golden Mean, the author argues that the physician and the nurse were following compassion and rules, respectively: “The doctor was guilty in law but good in the eyes of many; the nurse was above reproach legally and professionally but was, nevertheless, vilified and subject to abuse.” One can see the relevance for criminal justice in this article, where the author concludes that, “when the law frustrates their [medical professionals’] ability to take compassionate action, then the law needs to be challenged more vigorously by nurses, doctors, and all those who care.” (p. 444) Students should ask themselves whether this principle has application to the various actors in the criminal justice system.

Abstract
This article is presented as a defense of voluntary active euthanasia from a virtue perspective and it is written with the objective of generating debate and challenging the assumption that killing is necessarily vicious in all circumstances. Practitioners are often torn between acting from virtue and acting from duty. In the case presented the physician was governed by compassion and this illustrates how good people may have the courage to sacrifice their own security in the interests of virtue. The doctor's action created huge tensions for the nurse, who was governed by the code of conduct and relevant laws. Appraising active euthanasia from a virtue perspective can offer a more compassionate approach to the predicament of practitioners and clients. The tensions arising from the virtue versus rules debate generates irreconcilable difficulties for nurses. A shift towards virtue would help to resolve this problem and support the call for a change in the law. The controversial nature of this position is acknowledged. The argument is put forward on the understanding that many practitioners will not agree with the conclusions reached.

Williams, P. T. (1996). To Kill or Not to Kill: a Question of Wartime Ethics, Nursing Ethics, Vol. 3, No. 2, 150-156.

Description
This is an interesting article about an issue that arose in a military conflict, but which has relevance for criminal justice. The author had two roles during the first Iraq war (Gulf War): nurse and disaster plan manager. The moral issue was, in the event of a chemical warfare attack, should a military hospital exclude wounded – but contaminated – military personnel in order to save those not yet contaminated, and, if so, how should that be done? Utilitarian and deontological principles are applied to these questions. The article is another good example of how moral theories and principles are considered and applied by policymakers to a real world situation.

Abstract
In this article, the author describes ethical decision-making in unique circumstances. A dichotomy exists between the dual roles of nurse and disaster manager in a wartime set ting. The circumstances of the situation had never been faced before and no precedents existed for the type of decisions being made. Clearly, professional codes of conduct existed along with international conventions with reference to war. The circumstances required the author to challenge the concepts of teleology and deontology in a search for the most fitting answers to a unique problem. His aim was to try to create the greatest good out of an impossible situation. The author reflects on his actions in the light of ethical thinking and considers whether his decisions were right.

 

Chapter 10: Considering the Consequences

Helgeland, I. M. (2005). "Catch 22" of Research Ethics: Ethical Dilemmas in Follow-Up Studies of Marginal Groups, Qualitative Inquiry, Vol. 11, No. 4, 549-569.

Description
This is one of many studies that would be considered applied ethics, that is, an application of moral theory to a real-world problem. In this case, the author’s ethical dilemma was whether – as a scholar conducting follow-up research on children processed through a child welfare agency, whom she had previously interviewed – she should strictly follow a certain research protocol intended to ensure the privacy of the subjects, or to violate the requirement for the greater good of obtaining the necessary data which might produce significant results with public health implications. Specifically, she discusses the ethical dilemmas surrounding her efforts to contact these subjects at their homes for follow-up interviews, a matter that seems simple yet has numerous research ethics privacy implications. The problems raised here would apply to anyone engaged in doing research on members of any marginal group.

Abstract
In a follow-up study of adolescents with serious problems, the author experienced dilemmas involving satisfying standards of research and ethical guidelines. The guidelines aim to protect marginal and vulnerable groups based on a hypothesis about the best interests of the weak group. Research experience shows, however, that these regulations also prevent coming in contact with informants. During the project, informants were systematically asked their opinions about being contacted. Ethical guidelines for research are discussed in light of ethical theories and findings of the research. The conclusions are that research guidelines are shaped from "above" and that one consequence is a protectionist attitude not always serving needs of respondents. It is suggested that the establishment of ethical standards in research may be improved if done in dialogue with respondents.

Lascher, E. L. (2004). September 11 Victims, Random Events, and the Ethics of Compensation, American Behavioral Scientist, Vol. 48, No. 3, 281-294.

Description
The authors of this article use the September 11, 2001, terrorist tragedy and the subsequent federal law providing compensation for its victims as a starting point for a discussion of the moral question of whether government should have compensated those victims, to the exclusion of victims of other terrorist acts and even natural disasters. A good history of governmental compensation programs for victims of terrorism and disasters is provided. In addition to developing some principles (and considerations under utilitarian and deontological theories) to guide policymakers on this question, the authors introduce readers to the concepts of moral hazard, risk management, and adverse selection.  This article is a good example of how moral theories can be applied to practical policy questions.

Abstract
The authors focus on a relatively unexplored aspect of the September 11, 2001, terrorist attacks—the extent to which it was ethically appropriate to compensate victims of that tragedy, especially in comparison to victims of other unfortunate events. After providing background on federal disaster and victim compensation policies, the authors offer a set of principles for determining when the government should provide direct reimbursement to victims for losses incurred, drawing on both deontological and utilitarian reasoning. The authors then apply these standards to the September 11 attacks and other unfortunate events such as the Oklahoma City bombing.

 

Chapter 11: The Importance of Character

Fowers, B. J. (2003). Reason and Human Finitude: In Praise of Practical Wisdom.  American Behavioral Scientist, Vol. 47, No. 4, 415-426.

Description
This is an excellent review of Aristotle’s concept of phronesis, or “practical wisdom,” loosely described as “the capacity to recognize the essentials of what we encounter and to respond well and fittingly to those circumstances.” (p. 415) This approach to ethics, the author explains, helps us focus more on “acting well” than “doing the right thing” in accordance with rules of various moral theories. While written for psychologists, the clearly-presented principles are readily applicable to actors in the criminal justice system. By using the principles underlying Aristotle’s notion of practical wisdom, actors in the CJ system will gain a clear understanding of why one course of action is better than another.

Abstract
Phronesis, or practical wisdom, is central to virtue ethics because choosing the best course of action cannot be reduced to an algorithm. Phronesis is the capacity to make wise decisions regarding which virtues are called for in particular circumstances and the best way to enact those virtues. This article highlights three components of practical wisdom: moral perception, deliberation, and choice. Admirable actions are characterized by perceiving what is important, deliberating about how to address the central aspects of our circumstances, and choosing the most appropriate response. The article is concluded by discussing the centrality of phronesis in ethical, clinical, and scientific practice.

Buchanan, D., Khoshnood, K., Stopka, T., Shaw, S., Santilices, C. & Singer, M. (2002). Ethical Dilemmas Created by the Criminalization of Status Behaviors: Case Examples from Ethnographic Field Research with Injection Drug Users. Health Education & Behavior, Vol. 29, No. 1, 30-42.

Description
Aristotle’s concept of phronesis, or practical wisdom or reasoning, is applied by the authors of this Article to ethical issues arising from an ambitious project intended to give us a greater understanding of the risk factors for contracting HIV and hepatitis.  The research involves researchers using qualitative methods, such as interviewing drug addicts, accompanying them to their drug dealers to see where they obtain their syringes, testing of the syringes to determine if others have been using them, picking up discarded syringes for similar testing, and other field activities.  The authors enumerate seven ethical dilemmas they encountered, and persuasively argue that virtue ethics provides a better mode of analysis to resolve these dilemmas than traditional Kantian and utilitarian moral theories.

Abstract
The criminalization of behaviors such as the ingestion of certain mood-altering drugs creates ethical dilemmas for researchers studying those behaviors. The Syringe Access, Use, and Discard (SAUD) project is designed to uncover microcontextual factors that influence HIV and hepatitis risk behaviors of injection drug users. The article presents seven ethical dilemmas encountered using ethnographic methods: issues involving syringe replacement at injection locales, risks of participants’ arrest, potential disruptions in participants’ supply routes, risks of research staff arrest, threats to the protection of confidentiality, issues surrounding informed consent in working with addicts, and the confiscation of potentially incriminating information by police. The article concludes with a discussion of the limitations of traditional ethical frameworks, such as utilitarianism, for resolving these dilemmas and recommends instead improving public health professionals’ capacity for practical reasoning (phronesis) through the greater use of case studies in public health curricula.

Holland, K. M. (1980). Socrates – The First Criminal Justice Educator. Criminal Justice Review, Vol. 5, No. 2, 1-4.

Description
Anyone who doubts the relevancy of Greek philosophy to criminal justice will be surprised by this enlightening article’s description of Socrates’ views on the preferred content of educational programs for criminal justice professionals, who at his time were called society’s “guardians.”  These included police officers, judges, soldiers, administrators, and rulers.  In the Republic, Socrates expounds on the nature of justice generally, and also discusses early notions of affirmative action, selective recruitment, and specialization.  Socrates suggests a curriculum featuring what we would now know as liberal arts courses drawn from the humanities and social and natural sciences, combined with professional/technical courses and internships.

Abstract
Socrates' views on guardian education, as presented in Plato's Republic, are examined for insights into issues faced by American criminal justice educators. Socrates' scheme supports those contemporary analysts who argue that criminal justice education should stress ethics and theory, rather than vocational training, and should structure its curriculum around the humanities rather than the social sciences.

 

Chapter 12: Egoism, Pleasure, and Indifference

Simon, C. A. and Nice, D. C. (1997). (Stoicism: Relevant Applications for Contemporary Public Administration.

Description
This article, like some others suggested for additional reading, is not aimed at criminal justice practitioners, but it has great relevance for them. Addressing public administrators, or “bureaucrats” as the authors refer to them, the article describes the elements of stoicism and argues that these elements can ameliorate the pressures on them during times of limited resources, highly contentious and stressful environments, and high levels of uncertainty. Stoic qualities such as logic, rationality, being fully aware of one’s being, maintaining a balanced existence, and a belief in natural law are not as well known to most readers, who assume acceptance of hardships is the primary feature of this moral theory. The authors make a convincing case for application of stoicism to public administrators generally, and even suggest its use by police officers “who feel frustrated in the battle against crime and isolated from the public [who] lose their tempers and use excessive force on a suspect.” (p. 177)

Abstract
Stoic philosophy, particularly in its later versions, offers numerous useful insights for public administrators. The Stoics addressed a variety of issues, from rationality and natural law to ethics and stress management. The Stoics also combined an interest in philosophical questions with a strong emphasis on practical problem solving. Their ideas should be of interest to both scholars and practitioners.

Brunius, T. (1958). Jeremy Bentham's Moral Calculus, Acta Sociologica, Vol. 3, 73-85.

Description
While somewhat dated, this article illuminates the historical background to Jeremy Bentham’s utilitarian calculus, and the critiques which have been leveled at his utilitarian theory generally. The author points out the “difficulties” with calculating pleasure and pain mathematically. For example, in private ethics there are many acts which in no way affect other people; engaging in the rational calculus Bentham proposes may impede our action because it can be a slow process; the actual situation may have changed during our calculations; it is difficult to measure the greater pleasure of a majority in comparison with the greater pain of a minority; and, ultimately, people may simply decide not to follow the utilitarian approach. The author concludes, however, that developing a means such as Bentham’s utilitarian calculus of developing “rational morals and rational social planning” is indispensable, if not perfect.

Abstract
(None available)

 

Chapter 13: A Sense of Justice

K. Budde. (2007). Rawls on Kant: Is Rawls a Kantian or Kant a Rawlsian? European Journal of Political Theory, Vol. 6, No. 3, 339-358.

Description
This is a challenging article for the advanced student who enjoys philosophical argument. The author takes it upon himself to challenge assertions made by John Rawls, who was a luminary of American philosophic thought in the 20th century. He challenges Rawls’ claim that his theory of justice is Kantian in nature by establishing that Rawls misinterpreted Kant on several points, and these have caused Rawls’ mistaken claim. The author’s ultimate conclusion, after making a sophisticated argument, is that Kant is in fact, with some adjustments, Rawlsian. Students will, after digesting this article, have an in depth understanding of the intricacies of the Kantian and Rawlsian theories

Abstract
This article will investigate Rawls's claim that his theory is Kantian in origin. In drawing on the Lectures on the History of Moral Philosophy, I will show that Rawls's claim to be Kantian cannot be conclusively explained and assessed without the Lectures. An investigation of the Lectures shows that Rawls forces onto Kant's theory a Rawlsian interpretation which crucially alters Kant's theory. So far the secondary literature has neglected to subject Rawls's Lectures to detailed philosophical scrutiny. This article aims to fill this gap in the literature on Rawls's Kantianism. I will identify three points in Rawls's interpretation of Kant (need for CI-procedure, willing condition, true human needs) which are questionable. I argue that the similarities of Rawls's theory to Kant are due to these (mis)interpretations, which makes Rawls's claim to be Kantian ultimately not legitimate.

Batson, C. D., Lishner, D. A., Carpenter, A., Dulin, L., Harjusola-Webb, S., Stocks, E. L., Gale, S., Hassan, O., & Sampat, B. (2003). "... As you Would have Them Do Unto You": Does Imagining Yourself in the Other's Place Stimulate Moral Action? Personality and Social Psychology Bulletin, Vol. 29, No. 9, 1190-1201.

Description
The authors of this article, who are psychologists, report the results of a fascinating study testing whether people engage in more moral behavior, i.e., act more fairly, when they are told to (a) imagine themselves in another’s place, and (b) imagine what the other person’s feelings are in a given situation, than when they received no instructions at all. This is, of course, an empirical test of the Golden Rule. The results apparently depend upon the initial advantage or disadvantage between the two individuals involved in a certain task. One of these perspectives was found to stir more empathic feelings than the other.  A detailed description of the experiment using college students is provided, This is an excellent example of how empirical research can be applied to ethical, or normative, issues.

Abstract
Philosophers, psychologists, and religious teachers have suggested that imagining yourself in another's place will stimulate moral action. The authors tested this idea in two different situations. In Experiment 1, participants had the opportunity to assign themselves and another research participant to tasks, with one task clearly more desirable than the other. Imagining oneself in the other's place did little to increase the morality (fairness) of the decision. A different form of perspective taking, imagining the other's feelings, increased direct assignment of the other to the desirable task, apparently due to increased empathy. In Experiment 2, participants confronted a different decision: either accept an initial task assignment that would give them highly positive consequences and the other participant nothing or change the assignment so they and the other would each receive moderately positive consequences. In this situation, imagining oneself in the other's place did significantly increase moral action.

 

Chapter 14: Caring for Others

Williams, C. R. (2008).  Compassion, Suffering and the Self A Moral Psychology of Social Justice, Current Sociology, Vol. 56, No. 1, 5-24.

Description
This article, instead of being included here in this chapter on the morality of care, might have been presented as an additional reading for Ch. 11, The Importance of Character.  But compassion is not only a virtue, it is unquestionably an aspect of caring generally. The author discusses compassion and suffering in the context of social justice, which he defines to include societal interest in human flourishing. He argues that, while suffering appears to be universal, it is difficult to eradicate because prevalent social attitudes and the ideology of individual responsibility shape society’s attitudes toward others’ suffering. We need, according to the author, to significantly alter or personal and collective “value frameworks” to encourage recognition of our interconnectedness, thus stimulating a more just world.

Abstract
Concerns for social justice have figured prominently in much current sociological and criminological discourse. Often implicated by these critiques is the enduring presence of harm, suffering and injustice in contemporary western society — particularly as these are reinforced and perpetuated by organizational and institutional policies and practices. Less often considered are the moral-psychological foundations that give rise to these problems and pathologies. Opposing the struggle for social justice, it could be argued, is a generalized impoverishment of moral sensibilities that would forefront the good of the other, thereby giving rise to relationships, communities and institutional policies and practices conducive to widespread human flourishing. This article suggests that meaningful social transformation in pursuit of social justice requires significant alterations of our collective value framework. More specifically, what seems needed is an overcoming of habitual cognitive and affective obstacles to the embodiment of compassion. Two such impediments to compassion are explored: appraisals of desert and responsibility; and perceptions of likeness and difference. The underlying concern throughout is to affirm the importance of the virtue of compassion as a crucial component of the struggle for social justice and human flourishing.

Spader, D. J. (2002). The Morality of Justice and the Morality of Care: Are there Distinct Moral Orientations for Males and Females? Criminal Justice Review, Vol. 27, No. 1, 66-88.

Description
Students will benefit greatly from this excellent article in which the author ties Gilligan’s morality of care to the filed of criminal justice. He begins by providing a comprehensive literature review of Gilligan’s writings developing her morality of care, as well as those of a cadre of critics who claim that there are fewer differences between men and women insofar as moral decision making is concerned than Gilligan contends. A set of theoretical criticisms are also discussed, which in combination with the methodological criticism, shows Gilligan’s theory to be questionable in many respects. Nevertheless, the author then presents a thoughtful and persuasive discussion of how a morality of caring could be applied to criminal justice, as incongruous as that may seem to some people in the field.

Abstract
Do males and females possess different orientations toward ethics? Carol Gilligan answered this question in the affirmative with the publication of in a Different Voice, in which here empirical research demonstrated different moral orientations between the sexes. Since her 1982 publication, Gilligan and numerous other researchers have developed the "morality of care" as an alternative to the traditional "morality of justice" approach that has dominated moral and political philosophy for the past two centuries. Gilligan and others suggest that the morality of care reflects gender differences and highlights critical omissions of traditional ethics. The purpose of the present article is to provide an overview and analysis of the two moralities. The following examination includes (a) a review of Gilligan's early and later research, (b) a summary of the core distinctions with citations for further reading, (c) empirical and theoretical criticisms of the difference theory, and (d) an analysis of four major approaches that may be adopted with criminal justice applications. The article concludes that the field of criminal justice, and especially criminal justice ethics, might obtain significant benefits by recognizing the adequacy, and in some issues the superiority, of moral theories that integrate a care orientation. Criminal justice should join numerous other professions that are using the rich insights and practices emanating from the morality of care

Miller, Joan G. (1994). Cultural Diversity in the Morality of Caring: Individually Oriented Versus Duty-Based Interpersonal Moral Codes.

Description
American culture, the author argues, includes a moral code that is individually centered, that is, the focus is on self-sufficiency, individual choice, and individual rights (autonomous or individualistic). Indian Hindu culture instead, the author explains, includes a moral code in which the self is considered an inherent part of the social body with certain natural and social duties (connective or collectivist). These differences, the author argues, were not considered by either Kohlberg (stages of moral development) or Gilligan (morality of caring). She provides examples of scenarios, such as a person who does not repay at debt due to financial losses, in which Hindus were more forgiving of moral agent than Americans, to establish her point that culture is critical to the question of whether justice or caring is given moral precedence by persons in any given society.

Abstract
This article argues that there exists not one universal morality of caring contrasting with the morality of justice but, rather, alternative types of interpersonal moralities that reflect the meaning systems emphasized in different cultural groups. Both the superogatory view of interpersonal morality held by Lawrence Kohlberg and the morality-of-caring framework developed by Carol Gilligan are shown to be culturally bound. Research conducted among American and Hindu Indian populations supports the claim that an individually oriented interpersonal moral code develops among Americans, stressing personal freedom of choice, individual responsibility, and a dualistic view of individual motivation. In contrast, a duty-based interpersonal moral code develops among Hindu Indians, stressing broad and socially enforceable interpersonal obligations, the importance of contextual sensitivity, and a monistic view of individual motivation. Issues for future research are identified, and implications of these alternative interpersonal moral codes for other domains of interpersonal functioning are suggested.