*Final Project: Case Study*
Ethical dilemmas permeate the criminal justice. At every level, in each
segment of the system, people are exercising discretion that will influence
the fate of an individual and/or the security of the community. Incongruous
laws, regulations, policies and practices create conflicts and distort the
basis upon which judgments are made. Very often these conflicts result in
an ethical dilemma. Which is the appropriate course of action? What is the
moral/ethical rational for the decisions that were made? What purposes or
principles are served? This project will ask you to consider a sequence of
decisions (do, or not do) all of which contribute, directly or indirectly
the final scene.
For *each of the three (3) scenarios*, your assignment is to:
- Examine each situation and describe the ethical and/or moral question,
- Describe what you believe to be the motivation of the actor and the
potential consequences of BOTH/EACH options,
- Identify the decision you believe the actor SHOULD make, and
- Provide the *ethical basis* for your decision.
- Connect the ethical basis for your decision to ethical theories
introduced at the beginning of the course and explain the rational for this
connection.
- Each decision must be considered separately and not be influenced by
earlier decisions and/or actions.
This project is an opportunity for the student to demonstrate their
understanding of ethics and value-based decisions. Most of these situations
do not have a single correct answer. Grading is NOT based on solving the
problem that is presented to the actor but in *identifying the ethical
dilemmas* and *determining and explaining the most ethical course of action*
.
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1. The judge
Judge Jeffery Owens is very troubled by the felony case before him. The
defendant, Woodrow Wilson, had been found guilty of armed robbery of a
liquor store. The case alleged that Wilson had a handgun in plain sight
when he entered the Sin-Yon liquor store, that he hit the owner in the head
with the weapon and forced him to open the cash drawer. Fleeing the scene
on foot, Woodrow only got a few blocks before responding police officers
spotted him and made the arrest. The prosecutor, armed with the recovered
cash, video surveillance and an eyewitness as evidence had an easy case.
Now it is time for sentencing.
Jeffery saw the demonstration of business owners in the hallway when he
entered the courthouse that morning. They were chanting “Justice for our
victims” and were demanding a lengthy prison sentence. The Pre-Sentence
Investigation report said Wilson was suffering from acute addiction and
associated mental problems that had caused these violent (but not criminal)
outbreaks in the past. There is no information in the file that Wilson has
ever received treatment for his disorders. Jeffery knows that, due to
budget cuts, the state prison system has very little in the way of
addictive or behavioral disorder treatment programs. The prisons had
reverted to merely warehousing inmates. However, he had read that the
county jail had received a federal grant to establish exactly the kind of
services that it appeared Wilson needed. Obviously, he had no way of
knowing if this or any treatment would be successful for Wilson.
Sentencing guidelines were established to ensure that defendants convicted
of similar offenses received similar punishments. According to the
sentencing guidelines, Wilson should be sentenced to 5-7 years in the state
correctional prison system. Jeffery knows that the business community was
calling for the maximum sentence. The county jail only took inmates
sentenced to eighteen months or less. What sentence should Judge Owens
impose on Mr. Wilson?
2. The District Attorney
Jessica ran a successful campaign for district attorney on a very
conservative platform generally critical of the incumbent's inability or
unwillingness to prosecute police misconduct with criminal charges. The
city’s police chief did not support her campaign. He felt that
administrative actions that could result is fines, suspensions, demotion or
termination of employment were sufficient punishment. Additionally, victims
could sue an officer in civil court if the officer acted outside the scope
of their authority and immunity. The chief felt that these consequences
should be sufficient for any police misconduct except, perhaps, a felony.
Since her election Jessica has brought criminal charges of larceny against
one officer for switching city tires off his patrol car on to his personal
car. She also brought assault charges against an officer when she learned a
suspect needed medical treatment for wrist abrasions due to her handcuffs
being too tight. Recently several assistants have cautioned her that they
are losing criminal cases, including serious felony cases, because police
officers are either not appearing to testify at court or are having
"difficulty remembering" critical details during their testimony. This
started in traffic court but has also occurred in misdemeanor trials as
well. The feeling is these officers are retaliating against the district
attorney's officer for the criminal charges being brought against members
of the police force. The pattern is quite clear and getting worse.
Prosecutors are complaining that police detectives are “too busy” to return
their calls. Jessica understands she cannot successfully prosecute criminal
cases without the cooperation of the police department. At the same time,
she feels as though she is being bullied by an overly protective autocratic
police chief. She feels she can and should prosecute police officer for any
criminal offense ...and feels that her election demonstrated that the
community agrees with her. What should Jessica do?
3. The Officer
Scot is still on probation as a police department rookie. While on
probation he can be dismissed at any time for any reason and would not be
entitled to a trail board or hearing prior to dismissal.
During the course of his patrol duties Scot has cause to stop a car for a
legitimate but minor traffic violation. The motorist was highly agitated at
being stopped “for no reason” and, using a variety of obscene references
and racial slurs, adamantly expressed how upset he was. Agitated, Scot told
the man to exit the vehicle and place his hands on the hood of his car.
Scot looked through the car interior, and then took the keys out of the
ignition to open the trunk. Seeing what Scot was doing the driver told Scot
to stop and that he could absolutely not search the trunk of the car.
Ignoring this, Scot opened the trunk and discovered in plain view a large,
clear plastic bag containing thousands of pharmaceutical-type capsules.
Scot could hear the driver screaming, “That ain’t mine. That ain’t mine.”
Scot suddenly realized he has committed an illegal search. What should
Scot do?
Format Requirements
- Paper must be double spaced, 11 or 12 pt font and 1” margins all
around.
- All APA 7th edition format requirements must be followed (cover page,
in text citations, reference page). Refer to APA/UMGC - learning resources
found in the content page of this course.
- You must have resources to support your
thoughts/opinions/information. These must be cited both in text as well as
at the end of the document. Your paper should not contain direct quotes,
sourced material must be paraphrase
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