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Justice, Crime, and Ethics (Braswell): Chapter 3

I discuss elements of Peacekeeping in Criminal Justice: Connection, Care, and Mindfulness

BrianGlenney
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Justice, Crime, and Ethics (Braswell): Chapter 3

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  1. Peacekeeping in CJE JCE Chapter 3

  2. From last class… • Two standard ethical theories of Duty (Kant’s deontological ethics) and Happiness (Mill’s utilitarian ethics) were shown to exist in tension. • We have a duty to uphold the law. In this way we treat others as ends unto themselves regardless of the consequences. (Kant) • Our actions should reflect consequences that result in greater happiness for all, in accordance with most preferable pleasures (e.g. reason) (Mill)

  3. …to this class • We need to resolve this tension between duty and happiness with a new strategy: Criminal Justice as “Peacemaking.” • Connectedness: Every action affects every other thing/person. • Care: Emotion and sentiment should guide action, rather than reason and pleasure. • Mindfulness: Know thyself before you can help others, or the CJ system.

  4. Case example: Drug Control Policy • Drug use is illegal. So, law enforcement practitioners have a duty to incarcerate drug users. • However, drug users need addiction treatment and counseling, not incarceration. • So, some precincts (e.g. Gloucester) are allowing an amnesty program treating addiction as a disease rather than criminal. Chief CAMPANELLO: We can take a drug dealer down and three will replace him. And that drug dealer that's taken off the street does not affect the user at all. What we see now with the coming to light of the addiction issue is that we need to be involved on that side of it, on the demand side of it. BECKER: Under Gloucester's so-called Angel program, someone can go to police asking for addiction treatment. Police would then call an angel. That's a volunteer who waits with that person at the local hospital for what is usually publicly-funded treatment unless there's private insurance. CAMPANELLO: To do a short intake with the person who comes to the station. We contact an angel. We transport the person to the hospital where they're met by the angel and then they're fast-tracked towards a treatment.

  5. Angel Drug Policy: Just? Dutiful? Caring? • JUST?: Drug users benefit in the end, as does the community which will experience a drop in crime given less drug abuse. However, is amnesty enabling drug use in the long run? • Maybe? • DUTIFUL: Drug users are breaking the law, but not being punished. • NO! • CARING?: Drug users are viewed as full citizens with a disease and are categorized as a medical not a criminal issue. • Maybe?

  6. What is involved in Caring? • Connectedness • Every action affects every other person and their actions. • Ethics of Care • We need to act from the heart not the head. • Mindfulness • We need to prepare our “wholesight” daily.

  7. Connectedness Every action affects all other thingsand people and their actions

  8. Connectedness Every action affects all other thingsand people and their actions Interconnectedness is a fact….

  9. Connectedness Every action affects all other thingsand people and their actions Interconnectedness is a fact…. But is it a MEANINGFUL fact?

  10. Connectedness Every action affects all other thingsand people and their actions WE DO NOT LIVE ON PANDORA, WHERE INTERCONNECTEDNESS IS FELT AND OBSERVED DIRECTLY AFTER EVERY ACTION OR ACTIVITY…..

  11. Connectedness Every action affects all other thingsand people and their actions WE DO LIVE ON GAIA, WHERE INTERCONNECTEDNESS IS FELT AND OBSERVED DIRECTLY AFTER EVERY ACTION OR ACTIVITY…..

  12. The earth is a living thing:Gaia Hypothesis • A living thing is a self-regulating complex system influence by its environment. • The planet earth is a self-regulating complex system influence by its environment. • So, the planet earth is a living thing

  13. 2) The planet earth is a self-regulating complex system influence by its environment. • homeostatic balance is actively pursued with the goal of keeping the optimal conditions for life, even when terrestrial or external events menace them. • Ocean salinity is constant at 3.2%, required for cellular development of ocean life, but remains a scientific mystery. • Atmospheric conditions remain in a dynamic steady state, even though the energy provided by the sun has increased by 5% since life on earth began.

  14. ECOLOGICAL SYSTEM TO JUSTICE SYSTEMS Whatever you put into a system is what you get out of that system.

  15. Connectedness to Peace…to Love • If every action results in like actions, then peaceful actions result in more peaceful actions. Peaceful actions create a system of love.

  16. …to care (Nodding) • Rather than guide our ethical decisions by “logos” (reason), we must begin with “eros” (emotion).

  17. Ethics of Care • We must rid ourselves of the categories of “us” vs. “them”/ “bad” vs. “good.” • The “feminine” views all as “both/and:” all are deserving of nurture and care. • To attain the feminine mentality of care, increase ‘mindfulness,’ which provides a perspective of “awareness” of ourselves as interconnected to all else.

  18. When we act against our connectedness in “duty to a system,” we uproot ourselves…

  19. Case example: Drug Control Policy • Drug use is illegal. So, law enforcement practitioners have a duty to incarcerate drug users. • However, drug users need addiction treatment and counceling, not incarceration. • So, some precincts (e.g. Gloucester) are allowing an amnesty program treating addiction as a disease rather than criminal. Chief CAMPANELLO: We can take a drug dealer down and three will replace him. And that drug dealer that's taken off the street does not affect the user at all. What we see now with the coming to light of the addiction issue is that we need to be involved on that side of it, on the demand side of it. BECKER: Under Gloucester's so-called Angel program, someone can go to police asking for addiction treatment. Police would then call an angel. That's a volunteer who waits with that person at the local hospital for what is usually publicly-funded treatment unless there's private insurance. CAMPANELLO: To do a short intake with the person who comes to the station. We contact an angel. We transport the person to the hospital where they're met by the angel and then they're fast-tracked towards a treatment.

  20. Angel Drug Policy: Just? Dutiful? Caring? • JUST?: Drug users benefit in the end, as does the community which will experience a drop in crime given less drug abuse. However, is amnesty enabling drug use in the long run? • Maybe? • DUTIFUL: Drug users are breaking the law, but not being punished. • NO! • CARING?: Drug users are viewed as full citizens with a disease and are categorized as a medical not a criminal issue. • YES!

  21. Conclusion: Mindfulness • Our default setting is duty to rules and system. (It is easier when the system makes the rules for us to follow.) E.g. “Do not kill” • But, the rules and system fails to consider that we are part of a larger system of interdependence and interaction. E.g. Self-defense • We need to make a daily resetting to our default system to duty to expand our perspective to see the bigger system. We need to consistently recalibrate our perception in order to better observe the actions of others in their context and affect the criminal justice system. E.g. MEDITATE AND PRACTICE THE VIRTUES OF OPENNESS, HONESTY, AND CHARITY

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