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Criminal Justice

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Ethical Dilemma Worksheet

Incident Review

|What is the ethical issue or problem? Identify the issue succinctly. |
| |
|The ethical issue is that sending the husband to prison may eventually cause more harm than good which can be very detrimental to |
|him if he is locked up longer than a short period of time. This is mainly due to him having the mental capacity of a 10yr due to |
|because of his imprisonment in Somalia. |
| |
| |
|What are the most important facts? Which facts have the most bearing on the ethical decision presented? Include any important |
|potential economic, social, or political pressures, and exclude inconsequential facts. |
| |
|The husband was convicted and found guilty .During presentencing investigation the probation officer discovers that the husband had|
|served in the U.S. military in Somalia. In which his job entailed gruesome duties which led to him suffering from from |
|post-traumatic stress disorder and that has regressed him to the level of a 10-year-old because of his imprisonment in Somalia. And|
|In the opinion of his treating psychiatrists, any prolonged confinement, even for a few hours, could cause even further regression |
|and could trigger explosive outbursts and traumatic flashbacks. Lastly his convictions occurred before his military service in |
|Somalia and he served a total of 60 days custody on those, without incident |
| |
| |
| |
|Identify each claimant (key actor) who has an interest in the outcome of this ethical issue. From the perspective of the moral |
|agent—the individual contemplating an ethical course of action—what obligation is owed to the claimant? Why? |
|Claimant |Obligation (owed to the|Perspective (What does the claimant hope will happen?) |
|(key actor) |claimant) | |
|The husband |Right to fair treatment| |
| | |That he will get off without incident |
|The probation |Correctly do his job | He hopes that he will make a fair descions in regards to the sentencing of the |
|officer |and uphold the justice |husband . |
| |system | |
|Society |The right to keep | |
| |citizens safe from |Society hopes that the husband will receive the correct punishment for his crime, |
| |criminals |while also seeking treatment |
|The judge |To sentence based on | |
| |the full knowledge of |That he or she will receive the correct information needed to make the best decsions |
| |presentence |for the sentencing |
| |investigation report be| |
| |prepared. | |
| | | |
| | | |

Evaluating Alternatives

|What are two alternatives for the scenario? One alternative can be a wild card that you ordinarily may not consider an option |
|because of potential implications. Both should be within free will and control of the same moral agent. |
|Alternative A |Alternative B |
| The information of the medical and psychiatric information be |He be ordered to alcohol treatment that also deals with PTSD |
|overlooked and he be sentenced for longer than 6 months |program instead of being locked up |
|Respond to the following questions based on your developed alternatives. |
| |Alternative A |Alternative B |
|What are the best- and worst-case | |The alternative has no worst case scenario due |
|scenarios if you choose this |Best only receiving a day or two in jail |to the alternative overall goal of seeking |
|alternative? | |treatment for PTSD and alcohol treatment instead|
| |Worst- Receiving a whole year |of being locked up. |
| | | |
| | | |
|Will anyone be harmed if this | |No one will be harmed if the alternative is |
|alternative is chosen? If so, how | |chosen as the outcome for both the family, |
|will they be harmed? Consider |The husband will ultimately be harmed if he |society and the husband. |
|families and derivative effects. |receives this treatment. Because he suffers | |
| |from post-traumatic stress disorder and has | |
| |regressed to the level of a 10-year-old | |
| |because of his imprisonment in Somalia | |
| | | |
|Would honoring an idea or value—such | | No it would not |
|as personal, professional, or | | |
|religious—make the alternative | | |
|invalid? |No it would not | |
| | | |
|Are there any rules, laws, or |The law supports the alternative in the fact |NO |
|principles that support the |that because it’s his third offense the | |
|alternative? Are there rules, laws, |standard sentence for this crime is usually | |
|or principles that make the |at a minimum of 90 days in custody | |
|alternative invalid? State the rule | | |
|or principle and indicate if it | | |
|invalidates or supports the | | |
|alternative. | | |
| | | |

Applying Ethical Guidelines

|Consider each ethical guideline and explain whether it would support or reject your alternative. |
|Guidelines based on the action itself |Alternative A |Alternative B |
|Should this alternative become a rule or policy that everyone in this|No I think that all |He could be if another |
|situation should follow in similar situations in the future? (Kant) |information is imperative when|situation of its caliber |
| |determining the sentencing |presented itself |
| |phase of a convicted | |
| |individual. | |
|Does this alternative result in using any person as a means to an end|Yes the probation officer |No |
|without consideration for his or her basic integrity? (Kant) | | |
|Is the intent of this action free from vested interest or ulterior |No if the probation officer is|No because the overall goal is|
|motive? (Kant’s good will) |still seeking ultimate justice|for him to still seek alcohol |
| |then there possibly can still |and PTSD treatment. In the |
| |be a ulterior motive |event that he refuses then |
| | |other actions will have to |
| | |take place |
|Does this alternative demonstrate a genuine concern for others |No it does not if his past is | Yes it does |
|affected by the decision, and is the moral agency responding to a |overlooked during the | |
|perceived need? |presentence investigation | |
|Guidelines based on consequences |Alternative A |Alternative B |
|Is the good that results from this alternative outweighed by the |No there is no good in this |Yes this alternative can |
|potential harm that might be done to others? (Mill’s harm principle) |alternative |possibly be the treatment that|
| | |he sincerely needs |
|Is any harm brought about by anyone other than the moral agent? |The probation officer if he |No |
|(causal harm) |overlooks the information as | |
| |well as the judge if he seeks | |
| |to not look into information | |
| |for himself | |
|Will anyone be harmed who can be said to be defenseless? |Yes the husband given his |No |
|(paternalism) |state is defenseless | |
|To what degree is this alternative based on the moral agent’s own |It does not have his best |The entire alternative is |
|best interest? (ethical egoism) |interest at heart |based on the moral agents own |
| | |best interest |
|Which alternative will generate the greatest benefit—or the least | |The alternative will possibly |
|amount of harm—for the greatest number of people? Select only one | |generate the greatest benefit |
|alternative. (utilitarianism) | |and the least amount of harm |
| | |for the greatest number of |
| | |people |

Ethical Decision Making

|Choose to proceed with either Alternative A or Alternative B and explain the reasons for your decision. |
| |
| |
|Based on what I personally know about PTSD I would choose alternative B. This would allow him to overall seek the necessary |
|treatment for both his alcoholic addiction while treating his PTSD. I would take into consideration his mental state and what he |
|has been through and get him the best treatment as possible. However I would not take away the fact that he had committed a crime |
|and make him very aware of his actions as well the consequence if he refused to participate in the treatment that was offered to |
|him. |
| |
| |
| |
| |

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