Book Review: Kleinig, J. (2008). Ethics and Criminal Justice: An Introduction. New York: Cambridge University Press. x, 283 pp

Date01 December 2009
Published date01 December 2009
DOI10.1177/0734016809332876
Subject MatterArticles
Kleinig, J. (2008). Ethics and Criminal Justice: An Introduction.
New York: Cambridge University Press. x, 283 pp.
DOI: 10.1177/0734016809332876
In his book, Ethics and Criminal Justice: An Introduction, John Kleinig provides the reader with
interesting and thought provoking insight. Kleinig describes the framework of his book as ‘‘liberal
democratic,’’ asserting that the various divisions of the criminal justice system should be social
peacekeepers and serve the interests of the public, not just the interests of the state. It is with an eye
toward the public good and justice that he examines policies and practices within policing, courts,
and corrections. Intended as an introductory text, the readings are brief yet full of examples the
reader can apply to the topic at hand. I would recommend it as a primary text for any comprehensive
ethics course.
The author begins the text with an overview of what it means to live in a civil society and a dis-
cussion of the moral foundations of liberal democracy. Moving on to individual behaviors, Kleinig
introduces the reader to the concept of role morality. Social roles are responsibilities, expectations,
and privileges placed on an individual by virtue of membership in a group or by holding a status
within society. All of us fill a variety of roles over the course of a day because roles change as
we move in and out of social settings. Role morality applies to the moral principles expected of those
who occupy institutional roles within society. Specifically, the role morality of workers within the
criminal justice system, such as police officers, wardens, or judges, is of interest. In addition, one’s
ordinary morality and role morality can conflict at times. This places the individual in a precarious
position forced to choose between one’s individual morality and that proscribed within one’s profes-
sion. The remaining three sections of the text focus specifically on ethics and policing, the courts,
and corrections.
Various topics can be discussed in relation to ethics and policing. Before addressing specific ethi-
cal issues, Kleinig discusses goals and functions of the police within society. Social peacekeeping,
the overall role of policing according to Kleinig, requires that police officers work to maintain a
social environment in which all members of society, individually and collectively, flourish. The
ways by which police can accomplish this requires professionalism, protection of individual rights,
fair enforcement of laws, and social service functions, such as crisis management and order main-
tenance. To fulfill such mandates, police employ a variety of tactics. Ethical issues are most readily
observed within this realm of police behaviors. In the chapter ‘‘The burdens of discretion,’’ the
reader is introduced to the legitimate use of discretion as well as at the potential for illegitimate
usage. In describing discretion as a ‘‘burden,’’ Kleinig illustrates the care with which discretion must
be treated. With discretion comes the responsibility to exercise it to serve justice, not create injustice.
Likewise, coercive and deceptive tactics, which are normally considered unethical, are essential
tools of policing. Their use can run afoul of justice, however, and must be kept within socially accep-
table boundaries of ethics.
Not unlike police, parties involved in the court system also struggle with discretion when per-
forming their duties. Prosecutors use discretion when deciding which cases to prosecute, which
charges to levy against the accused, and whether plea bargaining is an appropriate course of action.
Prosecutorial discretion should be used in a way that seeks justice in society not personal interests.
To pick and choose cases based on one’s perceived potential to win is not justice. Nor does overzea-
lous or vindictive prosecution serve the best interests of society. Unethical behaviors during a trial
can also tempt prosecutors. When one loses focus on their role morality and replaces it with a passion
for winning, the result can be injustice, not justice.
Book Reviews 483

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