Running head: ETHICS IN JUSTICE 1

Ethics in Justice: The Misconstrued ideas of Justice and Ethics

Jesse N. Maese

Professor Irma L. Nikicicz

University of Texas at El Paso

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Abstract

The common belief is that the general ethical standard the public follows must coincide with the

standard of justice used in the system today. However, that is a misleading representation of two

ideas. With talk about the justice system making improper decisions, many have begun to believe

the system has changed and become corrupt. However, the expectations of ethics have changed.

This paper explores the realm of ethics as it applies to the justice system. The paper continually

references the question of the central topic: is our justice system fair? The purpose is to inform

the reader of the issues behind a growing notion of needing Justice to be ethical or ethics being

just. The issue surrounds the number of Americans who state that our justice system is corrupt

and believe that the law is unfair. Philosophers such as Plato argue that ethics and justice have

similar characteristics, but over time the population changing society misinterpreted their ideas.

The thought is explored further by analyzing the different perspectives of ethics and justice using

examples from Platos The Republic while, also, examining the readers ethical decision-making

skills compared to the justice system.

Keywords: Justice, Ethics, Morality, Plato

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Ethics in Justice:

The Misconstrued ideas of Justice and Ethics in Society Today

For most lay people, justice and ethics are thought as being similar terms. To be ethical

one must be just, and to be just one must be ethical. That would be a simple way to see the two

terms. However contrary to popular belief both terms have two different meaning. Many

Americans have confused the thought of justice as being ethical and vice-versa. A survey done in

2013 by Transparency International reported that 42% of respondents viewed the United States

justice system as being a corrupt institution (Transperancy International, 2013). The Judgements

made by the Justice system are said to be impartial and fair, but is the ethics of their judgment

correct? Now the underlying issue is the peoples need to understand justice as being ethical when

the whole notion of ethics is too broad to understand it, let alone make definitive comparisons.

What is Ethics?

When observing the ethical issues of the justice system, one must first see what their

version of ethics is. Many have a misconstrued thought of ethics as being based on religion,

laws, or behavior that society deems worthy. According to Andre, Meyer, Shanks, and Velasquez

(1987), the items mentioned do have aspects that influence ethical judgment but is not what

ethics truly means. For instance, ethics as they describe it, refers to well-founded standards of

right and wrong that prescribe what humans ought to do(Andre, Meyer, Shanks, & Velasquez,

2015, para. 9). Now the term of right and wrong are broad in this case because it handles what

kind of ethical standard or obligation the individual has to the situation. This is what

philosophers think regarding the formation of Justice and how it originated. In The Republic by

Plato, the character Thrasymachus states that Justice is only a social contract to protects one's
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self-image (Antonis Coumoundouros, n.d, para. 5). He entered a discourse with Socrates about

the views of justice and ethics. Thrasymachus made the argument that unjust people who commit

acts of crime without being detected are happier than those who are just. His premise suggests

that people have a built-in nature to be evil, but do not want to be seen as evil in the eyes of

others. That is when justice comes to help conform society to deter others from committing evil

deeds and protect one's self-image.

Justice Inequalities

For example, in the case of Sarvis v. The Vermont State College (2001), Professor Robert

Sarvis was terminated from his position at the college for not including his criminal charges and

lying on his job application. The court stated, dishonesty can provide reasonable grounds for a

just cause termination(Skoglund, 2001, para 10). Many have joined Ban the Box, a cause to

protest the requirement to inform employers of prior criminal convictions. The goal of the

organization is to give every person a fair chance to apply for a job by doing away with the box.

Now, knowing this fact and the argument Plato makes, was the justice system ethical in their

judgment? Although, if society only reflects on their wrongdoings to protect their self-image, is

it then justified to get rid of the box?

The view of ethics has changed over the course of humanities existence. It is evident that

the United States as a society has made many changes to what is considered ethical. Change such

as the desegregation of schools, women obtaining the right to vote, and the role of labor unions.

During these times peoples views were changing, but many refused to change as it conflicted

with their beliefs. Now, with help from Congress amending laws, society slowly has conformed

to the standards. Thus, taking the combined knowledge of what is socially acceptable and pass it

on to future generations to define their ethics.

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What is Justice?

Justice, like ethics, is a concept that is too broad for specific understanding. What does it

mean when others use the word Justice? Is it about equality, fairness, or giving other what they

deserve? According to Velasquez and Andre (1993), many types of Justices exist to distinguish

in what context people refer to when speaking of right and wrong.

The first is corrective justice, referring to the punishment given to rectify a wrong

committed by the actor. It would also take into account the level of crime the actor violated and

adequately arrange a punishment suited to the situation. The next is distributive justice; it means

that institutions allocate assists to their public fairly and evenly. Lastly, is a way to reimburse

someone for their injuries whether emotional or physical. Compensatory justice displays through

means of repaying the victim for damages done by the actor, not always repaired with currency

(Andre, Meyer, Shanks, & Velasquez, 2014, para. 8).

Now, after examining the different kinds of justices that exist, a clear trend appears. For

there to be justice it must follow the pattern of a wrong that had been committed by an actor or

actors; then the wrong has to be made right either through punishment or compensation, taking

into account the extent of the wrongdoing. That is the basis of justice, rather than looking at it

from people getting what they deserve. If that were true, there would be an injustice as all crimes

would conduct differently than equally. Now the goal is to treat every evil deed with equality but

also with equity (the quality of being impartial and fair). For example, look at the way the justice

system handles crimes. Every criminal earns a punishment that is deemed appropriate for the

type of offense committed; many would go to jail, which is considered equal. However, the

amount of time an inmate spends incarcerated is due to the differences in the criminals extent
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and conviction; this is considered equity. The Justice system utilizes both aspects of equality and

equity to be in the legal rights of the constitution to protect the rights all people.

Failed Justice

Now, it is relatively easy to understand how the justice system makes their judgments to

be ethically legal based on the constitution. Although, there are times when innocent people go

to prison for crimes they did not commit. In the case of Alton Logan, an African-American, who

was sentenced to imprisonment in 1982 for the murder of a security guard. When questioning

witnesses, they identified Alton as the primary suspect, even though his mother and brother had

attested to his whereabouts being at home during the time of the murder. During the court

preceding Altons Attorney fought tirelessly to prove Altons innocent of the crime. Nevertheless,

a jury of his peers had found him guilty of first-degree murder and sentenced him to life in prison

instead of invoking the death penalty. At the time of his conviction, the actual killer, Andrew

Wilson, was arrested and confessed to his Attorneys Dale Coventry and Jamie Kunz that he was

responsible for killing two security officers, including the officer that Alton allegedly murdered.

Now, why didnt the attorneys present this confession earlier? They had to comply with the

Ethics Committees rules of conduct and maintain client confidentiality. After the death of

Andrew Wilson, the two attorneys released the affidavit containing the confession, but 26 years

had passed. (CBS News, 2008) Surprisingly, the justice system defines this situation as ethical

because it went through the proper channels and ended with an innocent man freed and the right

man found responsible for the murders. Try considering the following questions? Is it ethical that

Alton had to spend half of his life imprisoned for a crime he did not commit? Should the two

attorneys have to keep the truth to protect Andrew? Was justice truly served?

Conclusion
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The meaning of ethics in justice are different then what the population instinctually

believe. Ethics is different depending on every individual's standard according to their society.

Justice is much more than each individual getting what he or she deserves. In relation to the

justice system, it is apparent that convictions are not based upon societies ethical code. The

ethics our Justice system uses are meant to treat every person fair and equal as long as it goes

through the correct channels. Referring back to the Alton Logan case, the justice system believes

they are right to take away 26 years of a man's life away as long as justice is served by the right

man. Many would agree or disagree on whether the justice system is fair, but before concluding

think of how Alton felt in that situation.

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References

Andre, C., Meyer, M. J., Shanks, T., & Velasquez, M. (2015, August 18). What is Ethics?

Retrieved from Santa Clara University-Markkula Center of Applied Science:

https://www.scu.edu/ethics/ethics-resources/ethical-decision-making/what-is-ethics/

Andre, C., Meyer, M. J., Shanks, T., & Velasquez, M. (2014, August 1). Justice and Fairness.

Retrieved from https://www.scu.edu/ethics/ethics-resources/ethical-decision-

making/justice-and-fairness/

CBS News. (2008, March 6). 26-year Secret Kept Innocent Man In Prison. Retrieved from

https://www.cbsnews.com/news/26-year-secret-kept-innocent-man-in-prison/

Coumoundouros, A. (n.d.). Plato: The Republic | Internet Encyclopedia of Philosophy. Retrieved

from http://www.iep.utm.edu/republic/#SSH5giv

Gartland, M. (2014, December 4). New bill would stop criminal record disclosure on job

applications. Retrieved from http://nypost.com/2014/12/04/new-bill-would-stop-criminal-

record-disclosure-on-job-

Skoglund, J. (2001, March 2). FindLaw's Supreme Court of Vermont case and opinions.

Retrieved from http://caselaw.findlaw.com/vt-supreme-court/1048658.html

Transparency International. (n.d.). World's largest opinion survey on corruption. Retrieved from

https://www.transparency.org/gcb2013/country?country=united_states