ABSTRACT

In his seminal text, Ethics for Bureaucrats: An Essay on Law and Values, Rohr expressed an aspiration for a “more ethically alert bureaucracy.” Rohr’s vision is achievable, but to get there we must address some major roadblocks that are faced by contemporary bureaucrats and their organizations. Three proposals are offered with the intent to address divergent administrative discretion within the respective components of the criminal justice system—law enforcement, the courts, and corrections. Some of the proposed innovations include the screening of police officers for biases, universal enhancements to body-worn cameras, the physical segregation of defendants during court proceedings, and the training of correctional officers (moles) who report on unethical behavior within prisons. The discussion will conclude with a few strategies for avoiding ethical drift and some ways in which we can further humanize the implementation of justice.