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Ethical Dilemma in Corrections

Correctional Officers (COs) have a duty to maintain law and order in correctional institutions by ensuring that inmates follow the rules governing the prison. They are responsible for monitoring inmate activities and searching for contraband (Worley & Worley, 2016). In performing their duties, COs are expected to uphold high professional standards in their interactions with inmates while also maintaining good rapport and acting as positive role models. However, boundary violations have become increasingly common in prisons. The frequent interaction between officers and inmates in a confined environment may heighten the likelihood of such violations. These boundary violations can manifest as personal relationships, sexual relationships, and sexual abuse (Worley, Tewksbury, & Frantzen, 2010).

Scholars argue that professional boundary violations create ethical dilemmas and issues. Ethical dilemmas occur when it is difficult to make a decision because the right course of action may lead to a negative outcome or is unclear (Pollock, 2019). Consider a hypothetical situation involving a male CO named Oman working in a women’s prison. Oman frequently interacts with inmates and has developed a particularly close relationship with an inmate named Jane. She begins to trust him and feels emotionally secure with him. Jane shares her fears and concerns about her life before and during incarceration and provides valuable information about infractions within the prison, including inmates possessing contraband and engaging in illegal activities. Recently, Jane’s information helped uncover and seize contraband in the facility. In one of their conversations, Jane confessed that she had feelings for Oman and would like to pursue a secret romantic relationship with him. Oman, taken aback, promised to consider it. He knows that this relationship has helped him obtain valuable information, contributing to managing troublesome inmates and maintaining order. However, he also recognizes that rejecting Jane might not only hurt her feelings but also create a hostile environment. He faces a dilemma: whether to accept or reject Jane’s proposal.

Law and Policy Governing Relationships between Correctional Officers and Inmates

The law requires COs to maintain the highest standards of professional boundaries with inmates. Officers are prohibited from developing any personal relationships with incarcerated individuals. The Prison Rape Elimination Act (PREA) of 2003 forbids any intimate or sexual relationship between correctional officers and inmates, as inmates cannot legally give consent. The Act established the National Prison Rape Elimination Commission to investigate the causes and effects of rape in correctional facilities. The investigations revealed a prevalence of sexual abuse in prisons, leading departments of corrections to implement zero-tolerance policies on sexual misconduct. The Department of Justice has published the National Standards to Prevent, Detect, and Respond to Prison Rape to reiterate the government’s zero-tolerance stance towards inmate-officer relationships. Any officer found guilty of sexual misconduct may face disciplinary actions, including dismissal (Jones, 2015).

Decision-Making Process

In making a decision, the officer must first consider the overall ethical issue. In Oman’s case, the ethical issue involves engaging in a sexual relationship with an inmate, which is illegal and unethical. The second consideration involves the facts surrounding the issue. Oman has had a positive relationship with Jane, which has improved his work efficiency. However, Jane’s proposal introduces an ethical dilemma that can be examined using two different ethical models. Ethical formalism defines ethics by strict adherence to the law, making any actions contrary to the law unethical. The law prohibits sexual relationships between correctional staff and inmates (Kowalski et al., 2020). Thus, according to ethical formalism, Oman’s potential relationship with Jane is inherently unethical. Conversely, utilitarianism evaluates the ethicality of a decision based on the degree of good or harm it produces (Pollock, 2019). Jane has provided Oman with valuable information that has helped maintain order, and a relationship might continue this flow of information. Moreover, rejecting Jane’s proposal could hurt her feelings and strain their relationship. Despite being illegal, the benefits of the relationship might seem to outweigh the drawbacks, especially as Jane proposed it, reducing the chance of coercion. Ultimately, Oman should reject Jane’s proposal because it is against the law and thus unethical. The rationale behind this law is that the power dynamics between an inmate and a correctional officer undermine the inmate’s ability to consent, increasing the risk of sexual abuse (Cooke et al., 2019). Additionally, sexual relationships in correctional facilities have been used to facilitate escapes and illegal transactions orchestrated by officers (Blackburn, Fowler, Mullings & Marquart, 2011).

Like other criminal justice professionals, COs face various ethical dilemmas in their duties. This paper focused on boundary violations and sexual relationships as one of the ethical dilemmas faced by officers. While it is natural to desire affection and care, inmates may exploit such feelings to develop inappropriate relationships with correctional officers in exchange for certain benefits. Furthermore, such relationships contribute to sexual abuse within prisons. Employing ethical decision-making models can help officers address this and other ethical dilemmas they encounter in their roles.

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