Kandie Moore
Ethics in Criminal Justice
Final Exam
4-27-11
“And Justice for All” I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. How many hundreds of times have each of us recited those words? Do we reflect on the meaning of the words embodied in that sentence, or is it like so many other things we say during the course of our days, giving little thought or commitment to what is meant? As stated in the Fifth and Fourteenth Amendment, we are guaranteed the right to vote; the right to due process; the right to be free, not to be enslaved, as long as we conduct ourselves in accordance with the laws of our nation; and the right to equal treatment under the law, regardless of our race, color, sex, religion, or national origin. These are rights which attach to us as individuals, not as members of a group. This nation has a passion for fairness. That passion is evidenced in our Constitution, in the Bill of Rights, in executive orders, in court decisions. But most of all, it courses through our culture. At one time, practicing law was considered a worthy, honorable career. In an overstuffed legal system, where details count more than justice, and where wealth and fame can buy freedom. To be sure, there are some who still enter the profession with the best of motives, but they are in the minority. Law is not about idealism; it's about money and back-room deals. This movie definitely had a lot of unethical actions in it, not only from the lawyers but from the judge too. I was very shocked to see how all the characters acted in the presence of the court of law. Although, parts of this movie were funny, I was still appalled about their actions. This film is neither a parody nor a black comedy, but there are heavy shadings of each merged into the narrative. The actions of the lawyers and others in this movie would be hilarious and absurd if it there wasn’t some truth to real life incidents. In the past thirty years, there have been countless courtroom dramas but when Al Pacino is screaming, "You're out of order! This whole trial is out of order!.” The movie is more about morality and ethics than courtroom pranks. This is about how too many guilty people walk while the innocent take their places in overcrowded jails. The more you consider this movie’s message, and the means by which it is delivered, the more aware you become of how uncompromising it is on the legal system. Insane and corrupt judges give out life-and-death sentences with as much thought as a butcher would give to carving a side of beef. Attorneys view the courtroom as an arena where they can fight with the opponent without concern for the cost in human pain and tears and those who genuinely care about their clients, are foiled at every turn that defines American law.
Pacino plays Arthur Kirkland, a defense attorney who has been in practice for twelve years. He has a good reputation but he isn't in the game for money, prestige, or power. He's one of those rare lawyers who believes in the judicial system and wants to help people. He would rather spend a night in jail for contempt of court, than let a judge ignore a crucial piece of evidence. Kirkland's values are called into question when he is asked to defend Judge Fleming, who is accused of rape. Kirkland dislikes Fleming but circumstances force him to take this case. Arthur is threatened with disbarment if he stands by his values and refuses.
I believe in general we are always discovering unethical behavior among society. This actually tests our own values and ethical behaviors. After all, unethical behavior that is not illegal frequently falls in a grey area between right and wrong. This makes it difficult to decide what to do when it is encountered. Different people have different views regarding what is ethical and what is unethical. For example, some people feel that it is alright to tell a little "white lies", as long as they can justify it in their mind.
When employees discover other employees doing something that they know is wrong by the company's standards, their own sense of what is right and what is wrong instantly comes into question. That employee needs to consider how s/he feels about that particular activity, as well as informing about that activity, or turning a blind eye.
Even by deciding to do something about it, the employee who has discovered the unethical behavior is presented with a number of difficult choices. Should they consult with the employee directly, or do they go directly to a supervisor? What is the chain of command when a lawyer or judge is unethical? I’m sure many people are unaware of what to do if this problem arises. I believe that in our justice system, we find many authorities that conduct business in unethical manners, whether it is a police officer, lawyer and even judges as we’ve seen in this movie. I think this movie went way overboard with the unethical behavior, but it need not be dismissed as it sometimes does. Most behavior like this would be considered disrespect and punishable especially in a court of law. We are all raised to respect our elders and higher authority, but I also believe that lawyers and judges are the ones that do it most often because how many people actually complain about an unethical judge? I would expect that most business people have a clear outline of what is expected of them and the difference between ethical and unethical behavior. I also feel that the repercussions of unethical behaviors should be clearly stated. This way, both the person doing the dirty deed, and the witness to the activity will be well aware of the way that things will be dealt with, and there won't be any risk of someone not reporting unethical behavior because they're afraid that the person will be treated unfairly.
I strongly believe that communication is the key in the proper management of unethical behavior in today’s workplace.