John Kleinig

The arguments of the fourth chapter of 'utilitarianism' have been given considerable attention in recent years. the present article suggests that the major (and most controversial) part of the chapter is concerned not so much with the proof as with the kind of proof to which the principle of utility is susceptible. it is argued that the chapter progresses in an orderly manner to outline the kinds of considerations which would be necessary to show (a) that happiness is desirable as an end; (b) that the general happiness is desirable as an end; and (c) that the general happiness alone is desirable as an end. as well it is maintained that mill's arguments are not susceptible to the traditional objections raised against them (the naturalistic fallacy; arguing from verbal to logical similarities; fallacy of composition.).

This textbook looks at the main ethical questions that confront the criminal justice system - legislature, law enforcement, courts, and corrections - and those who work within that system, especially police officers, prosecutors, defence lawyers, judges, juries, and prison officers. John Kleinig sets the issues in the context of a liberal democratic society and its ethical and legislative underpinnings, and illustrates them with a wide and international range of real-life case studies. Topics covered include discretion, capital punishment, terrorism, restorative justice, and re-entry. Kleinig's discussion is both philosophically acute and grounded in institutional realities, and will enable students to engage productively with the ethical questions which they encounter both now and in the future - whether as criminal justice professionals or as reflective citizens.

This book is the most systematic, comprehensive and philosophically sophisticated discussion of police ethics yet published. It offers an in-depth analysis of the ethical values that police, as servants of the community, should uphold as they go about their task. The book considers the foundations and purpose of police authority in broad terms but also tackles specific problems such as accountability, the use of force, deceptive stratagems used to gain information or trap the criminally intentioned, corruption, and the tension between personal values and communal concerns. Offering the fullest, most rigorous and up-to-date treatment of police ethics currently available, this book will be a perfect textbook in courses on applied ethics in philosophy departments or police and criminal justice ethics in departments of criminology and law schools.

Utilizing a contractualist framework for understanding the basis and limits for the use of force by police, this article offers five limiting principles—respect for status as moral agents, proportionality, minimum force necessary, ends likely to be accomplished, and appropriate motivation—and then discusses uses of force that violate or risk violating those principles. These include, but are not limited to, unseemly invasions, strip searches, perp walks, handcuffing practices, post-chase apprehensions, contempt-of-cop arrests, overuse of intermediate force measures, coerced confessions, profiling, stop and frisk practices, and the administration of street justice.

Criticisms of how police exercise their authority are neither new nor uncommon. Police officers have considerable power, and they often must draw on that power in complex and pressing circumstances. This collection of essays by fifteen leading specialists in ethics and criminal justice examines the nature of police discretion and its many varieties. The essays explore the kinds of judgment calls police officers frequently must make: When should they get involved? Whom should they watch? What constitutes a 'disturbance of the peace'? What resources should be devoted to a situation? Does social welfare take precedence over law enforcement? Under what conditions, if any, may police officers engage in selective enforcement of the law? Each essay or pair of essays is followed by a response, making Handled with Discretion an excellent text for stimulating discussion in the classroom