Analyzing an Ethical Dilemma
Analyzing an Ethical Dilemma
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Analyzing an Ethical Dilemma
1. Review Chapter 14 in the Banks textbook. Read the discussion case at the end of the chapter:
Apply the general steps on how to analyze or solve an ethical dilemma
Explain the virtue approach and
Apply the specific steps for a virtue approach to the discussion case.
Be sure to explain whether Marks should accept the plea bargain offered. Fully support your position based on the virtue approach.
*Review Case Study 14.1 for an example answer.
Analyzing an Ethical Dilemma
2. Review Chapter 15 in the Banks textbook. Using the previous discussion case from question 1:
Explain the ethical egoism approach
Apply the specific steps for the ethical egoism approach to the discussion case from Chapter 14.
Be sure to explain whether Marks should accept the plea bargain offered. Fully support your position based on the ethical egoism approach.
*Review Case Study 15.1 for an example answer.
3. Review Chapters 16 & 17 in the Banks textbook. Read the discussion case at the end of chapter 17.
Apply the general steps on how to analyze or solve an ethical dilemma
Explain the ethic of care approach.
Apply the specific steps for the ethic of care approach to the discussion case.
Be sure to explain what Chief Bloom should do to resolve the situation using the ethic of care approach.
*Review Case Study 17.1 for an example of how to do this assignment. Do NOT use bullet points (like the case study did).
HINT: Look at my notes in the power points dealing with the theories for each discussion case.
FYI: This assignment will be around 5-8 pages in length. Be sure to be detailed for each step,
Example outline for question #1
* Identify that there is an ethical dilemma and state the dilemma from the discussion case
* Identify the facts and circumstances of the incident
* Identify facts relevant to the decision that has to be made
* Identify values related to the issue and the workplace from the prosecutor’s point of view
* Explain the various options
* Explain the virtue approach
* Discuss what kind of person Marks should become to be the best person he can be in a prosecutor’s role.
* Discuss which virtues will allow Marks to become the best prosecutor he can become. Identify which virtues he must practice in this situation and explain why they are relevant to his goals of becoming virtuous (i.e., developing good moral character, including integrity, honesty, compassion, courage, duty, etc.)
* Discuss which option allows Marks to practice these virtues. Explain how this option will enable Marks to practice these virtues and why the other options would not.
* Explain how Marks will practice these virtues until they become a habit and part of his character
* Explain whether or not Marks should accept the plea bargain offered. Fully support your position based on the virtue approach.
Analyzing an Ethical Dilemma
Example outline for question #2
* Explain ethical egoism
* Identify and explain which act would most benefit Marks. Explain how and why.
* Identify and explain how and why Marks’ self-interest will best be promoted.
* Identify and explain what is the most ethical course of action that is best for Marks. Explain how and why.
* Identify and explain whether others will benefit from what would most benefit Marks. Explain how and why.
* Explain whether or not Marks should accept the plea bargain offered. Fully support your position based on the ethical egoism approach.
Analyzing an Ethical Dilemma
Example outline for #3
* Identify that there is an ethical dilemma and state the dilemma
* Identify the facts and circumstances of the incident
* Identify facts relevant to the decision that has to be made.
* Identify values related to the issue and the workplace.
* Explain the ethic of care approach
* Explain the options involved.
* Identify all the particular relationships involved and state them as relationships (i.e., offender and the community; victim and her family, etc.).
* Apply the first option and then state how each relationship is affected. Next, state what harm is caused to each relationship by this option, explaining the nature of the harm.
* Apply the second option and then state how each relationship is affected. Next, state what harm is caused to each relationship by this option, explaining the nature of the harm.
* Explain what Chief Bloom should decide to do based on the ethic of care theory.
Chapter 14 case study:
U.S. Attorney Thomas Marks is to prosecute three persons charged with distributing 5 kilograms of cocaine and with conspiracy. They were arrested in a sting operation when an undercover police officer sold them the cocaine for $75,000. They were arrested after one of the defendants had given the undercover officer the money and had taken possession of the cocaine.
According to the Federal Sentencing Guidelines, each of the three defendants faces a mandatory minimum jail sentence of 10 years. Each defendant had a different role in the transaction that led to their arrest as follows:
Defendant One: This person appeared to be the primary ringleader, used his business premises for meetings to discuss the drug conspiracy, and had the largest role in negotiating price and terms of sale. According to police, he is the leader of a drug organization that markets about 20 kilograms of cocaine each month and launders the proceeds through his business.
Defendant Two: This person appeared to act as Defendant One’s lieutenant; he made several incriminating statements recorded on tape during the sale negotiation, revealing a knowledge of the cocaine business and his plans to resell the drugs. He has no prior criminal record.
Defendant Three: This person basically acted as a lookout during the transaction; he can be convicted as an accomplice but was not a substantial player. He drove the other defendants to meetings and searched the police undercover officer on the date of the sale.
Defendants One and Two have no criminal records, but Defendant Three has a significant record of violent crime that includes assault convictions, domestic violence, firearms possession and use, and stalking.
The lawyer for Defendant Two informs the prosecutor, Marks, that his client will testify against Defendants One and Three if the distribution charges against him are dismissed and if the court is given a recommendation for a short jail term on the conspiracy charge.
Question: After applying the criteria for a virtue approach, should Marks accept the plea bargain offered?
Source: Cassidy, Michael. 2006. “Character and Context: What Virtue Theory Can Teach Us About a Prosecutor’s Ethical Duty to ‘Seek Justice.’” Notre Dame Law Review 82 (2): 100–161.
These questions are also from the textbook and can help for guidance:
How does one become a virtuous person? Discuss with reference to Aristotle’s ideas and theories.
Why do modern philosophers regard virtue ethics as an alternative to deontological and consequentialist ethical decision-making approaches?
What are the main criticisms leveled against virtue ethics?
How do professional codes of ethics relate to virtue ethics, and why are they important in ethical decision-making in criminal justice?
Chapter 14 case study example: Case Study 14.1Profiling in the Neighborhood
Rodney is a rookie police officer assigned to a mainly white, middle-class neighborhood. On the evening shift, Rodney and his partner Max, a more senior officer, are patrolling the neighborhood when Max says, “Hey, look at that kid. He doesn’t belong here. Let’s question him.” Rodney stops the patrol car, and he and Max get out and approach the boy, asking him for his identification. The boy produces his identification and asks the two officers, “Why have you stopped me? Is it because I’m Black?” They do not respond, and Max just searches him and then arrests him. Later that night, Max tells Rodney that the boy “pissed him off” with his attitude. He tells Rodney to write a report of the incident and charge the boy with loitering.
Is Rodney faced with an ethical dilemma?
Rodney is faced with the dilemma of whether or not to write a report about the incident when he knows that he is being asked to write a false report and to bring a false charge based on a false arrest.
What are the facts and circumstances of the incident?
Rodney needs to review in his mind the facts and circumstances of the stop and arrest and perhaps write them down in the form of a report so that his memory of the events is quite clear.
What are the facts relevant to the decision he has to make? What are his own values about the issue, and what are the values of his workplace about such an issue?
Rodney and his partner stopped the boy because he was an African American moving around at night on foot in a white, middle-class neighborhood; he was questioned and provided his identification but protested being stopped, suggesting that the sole reason was that he was Black. Rodney and Max had no basis for stopping or making an arrest; Max admitted to Rodney that the boy had “pissed him off” with his attitude, and Max has instructed Rodney to write a false report of the incident to justify the stop and arrest.
Rodney’s personal values relate to his position as a rookie cop; that is, he wants to do well in the job and make arrests, and he looks to his more experienced coworkers for guidance. His workplace values comprise the formal police code of ethics and police rules and regulations about stopping and searching and arresting, as well as the police subculture on these issues. In many police departments, racial profiling is a routine event, and police are expected to show loyalty toward each other and to support their partners.
What ethical theories does he call to mind to assist him in resolving the dilemma?
In this case, Rodney will apply virtue ethical theory to the dilemma.
Analyzing an Ethical Dilemma
What are Rodney’s available courses of action?
Rodney may comply with his partner’s request and complete the false report; he may refuse to fill out the report and tell Max, who instigated the incident, to make the report himself; or he may simply report the whole incident as well as Max’s request to his supervisor.
Rodney will make his decision after applying, in this case, the virtue approach to each alternative course of action, and he will choose the course of action that is the most ethically appropriate for him under virtue theory.
A process for assessing an ethical dilemma from a virtue perspective is set out in the “Virtue Ethics Evaluation of Ethical Dilemmas” Closer Look box. Applications of these criteria are shown in the “Applying Virtue Ethics” Closer Look box.
Analyzing an Ethical Dilemma
Chapter 15 case study example: Harry is a corrections officer at the Grim Correctional Center. He has a reputation among his coworkers for being very strict with inmates and always being ready to issue violations for the slightest breach of prison rules. One of the inmates he has charge over on his wing is George, a career criminal and experienced prisoner. George and Harry do not like each other, and George often tries to challenge Harry’s authority by breaking prison rules or threatening to break them. In the past, Harry has reacted to this resistance by issuing many citations for rule violations and having George dealt with through the inmate disciplinary process. Harry has now reached the stage where he is tired of having his authority questioned by George and has decided to show him who is really the boss. He decides that he will use informal methods to punish George and reinforce his own authority over him. One Friday, Harry inspects George’s cell and finds that George has two more pictures in his cell than are permitted by the rules, according to his inmate classification. Harry considers whether or not he should seize on this violation to use informal means to impose his will on George or whether he should follow proper prison procedures for dealing with rule violations. He knows that prison officers can use various informal ways of controlling prisoners, even though the rules do not allow these methods to be used. Examples include not telling an inmate about a scheduled visitor appointment, withholding toilet paper, or shutting off the hot water to an inmate’s cell. He decides to think about a possible informal way to deal with George. In his mind, he formulates the following plan. Instead of issuing a disciplinary report for the extra pictures, Harry will not unlock George’s cell the next morning during the daily prison routine and will secretly place a “keep lock” tag on George’s cell door. This tag will indicate to other correctional officers that George is to remain locked in his cell and will suggest that a formal order has been given to this effect. This also means that George will remain locked in the cell until he can get someone’s attention and complain to the deputy superintendent, who will not be on duty until Monday morning. Harry now has to decide whether to act formally or informally.
Is Harry faced with an ethical dilemma?
Harry is faced with the dilemma of whether to use informal means to reinforce his authority over George or to use the formal inmate disciplinary process.
What are the facts and circumstances of the incident?
Harry needs to review in his mind the facts and circumstances.
What are the facts relevant to the decision he has to make? What are his own values about the issue, and what are the values of his workplace about such an issue?
The relevant facts are as follows:
Harry and George have a history of clashes over Harry’s exercise of his authority.
Harry feels he needs to demonstrate to both inmates and other staff that he is always in control, and he sees this as essential for his work as a correctional officer. In his view, those who demonstrate the most power in the prison environment will prevail.
Harry has always used formal methods to control George before, but it seems to him that this approach has not changed George’s attitude toward him.
Harry wants his coworkers to see that he can control George because this is expected by the prison officer culture, which requires that officers never show leniency toward inmates and that they provide unquestioning support to coworkers, especially in the face of inmate resistance.
Harry knows that informal methods are sometimes more effective with inmates than formal processes.
What ethical theories does he call to mind to assist him in resolving the dilemma?
In this case, Harry will apply ethical egoism to the dilemma.
What are Harry’s available courses of action?
Harry can either follow the formal disciplinary process or use informal methods to punish George.
Harry will make his decision after applying, in this case, the ethical egoism approach to each alternative course of action, and he will choose the course of action that is the most ethically appropriate for him under ethical egoism.
For number 3, Case study from chapter 17: Mary Bloom is a chief of police. She worked her way up through the ranks, starting as a patrol officer at a time when women police officers were not taken seriously and were allocated tasks such as doing secretarial work, acting as matrons, or working with juveniles. In those days, the idea that a woman police officer could go on patrol like a male officer was considered laughable. Male officers, on the other hand, were assumed capable of being patrolmen, and no one used the term patrolwoman.
As a new recruit, Mary was the victim of practices that can variously be described as practical jokes, hazing, initiation rituals, or discrimination. One time, her field-training officer (FTO) told her to inventory the contents of a squad car, and when she opened the door, there was a large snake there! She recognized it as a harmless species, picked it up, and brought it to her FTO, whose turn it now was to be startled. She noted that other recruits were also subjected to these antics, such as being sent to the maintenance section for a sawdust pump, being told to fetch a “group tightener” to place on the end of a service weapon to improve aim, or finding shaving cream in their hats just before inspection.
Those officers who just accepted these jokes and didn’t complain were accepted, but the complaining officers were not. Mary opted not to make a fuss, and after a while, the jokes diminished and she became accepted. Later, she herself participated in these antics with the rookie police. As she climbed through the ranks, she noticed that these practices did not interfere with the daily police work because they happened during slow periods or after especially stressful events, when officers needed some relaxation and amusement.
Being promoted to police chief put Mary in charge of a large metropolitan area. She was the first female police chief, and one issue that she needed to pay attention to, following a request from the city manager, was the underrepresentation of minorities in the police department—minority officers made up only 3% of the force, and among the 300 officers, only two sergeants were minorities. As well, she was the only female above the rank of patrol officer. Responding to the need to bring in minorities, Mary went on a recruitment drive, and after four years, there was adequate minority representation. However, the issue was not dead.
Members of the African-American Law Enforcement Officers Association (AALEOA) and the Hispanic-American Law Enforcement Officers Association (HALEOA) were not satisfied. They claimed there existed an undercurrent of racism among command officers and supervisors, and at least one independent study confirmed this. They wanted this issue addressed, and Mary responded by organizing a series of seminars concerned with cultural diversity and sensitization. Every officer completed at least 16 hours of this training. In spite of this, the AALEOA and HALEOA members continued to voice their concerns and now began to allege being victims of “pranks” organized by senior officers. Mary’s command officers told her that these pranks were not racially motivated and were a ritual that all new recruits underwent, but the minority associations’ members remained unconvinced and believed the practices were discriminatory and racially based.
Question: After analyzing this issue applying an ethic of care approach, what should Chief Bloom do to resolve the situation?
Questions that can help for guidance: What linkages do you see between an ethic of care and virtue ethics? Explain with examples.
Explain how moral development is differentiated according to gender.
“Applying the ethic of care to the criminal justice system would bring about a more compassionate system.” Discuss three examples of areas within the criminal justice system where compassion might influence decision-making.
How would you apply the ethic of care approach to policing in a minority neighborhood with a reputation for high levels of crime? Include in your analysis the individual police officers and the alleged suspects as well as the department. Use case studies from the news media if you wish.
How would the ethic of care approach be applied to understanding sexual harassment, sexual assault, and the #MeToo movement?
Explain how a peacemaking approach can be applied to our system of corrections.
Chapter 17 example for guidance:
Case Study 17.1Tough Love
Jay Barros was a delinquent. He would even admit it freely. He’d done just about everything and had been on probation and in and out of institutions for years. The psychologists had long ago classified him as a typical sociopath: no conscience, never learning from the past, impulsive, and manipulative.
Harold “Red” Chapman was a probation officer. He was also an ex-cop. He didn’t counsel his charges; he supervised them with an iron hand. He had one rule: any misconduct and you get violated. No questions, no excuses. It was odd, though; he didn’t violate that many kids. Most of his probationers led pretty straight lives when they were on Red’s caseload.
Jay knew he had messed up. He had been cutting classes, had been caught drinking, and didn’t come home for three straight days. Jay’s mother had called Red to report on Jay’s behavior, and Red had called Jay into his office for a conference. Jay figured that it was back to the state’s boys’ school again as he walked into Red’s office.
“Sit down and shut up,” Red said in a stern voice. “We’re gonna talk. As I see it, you’ve got two choices. Your first choice is a quick trip to the detention center and an even quicker trip out to the boys’ school. But that’s a lot of paperwork on my end.”
“Yeah, and what’s my second choice?” Jay asked, beginning to think if he played his cards right, he might just get out of this. Red reached into his lower drawer and brought out a piece of leather 2.5 inches wide and 3 feet long.
“This is a strop. Barbers use them to sharpen razors. I use this one to adjust attitudes. That’s your second choice. Ten with the strop and you walk out of here. It’s your choice.” Jay stood up and grabbed his ankles.
While this was happening, Mary, another probation officer, walked past Red’s door, overheard the whole incident, and saw Jay bend over to receive his punishment while Red was holding the strop.
Is Mary faced with an ethical dilemma?
Mary is faced with the dilemma of whether to intervene and stop the corporal punishment and do nothing further, or to allow the incident to occur but report it immediately to her supervisor.
Analyzing an Ethical Dilemma
The option of doing nothing is not an ethical option, because it would conflict with Mary’s duty as a probation officer to protect juvenile probationers from harm and abuse.
What are the facts and circumstances of the incident?
Mary needs to review in her mind the facts and circumstances.
What are the facts relevant to the decision she has to make? What are her own values about the issue, and what are the values of her workplace about such an issue?
Analyzing an Ethical Dilemma
The relevant facts are as follows:
Red has an unprofessional attitude toward his work as a probation officer.
He believes in tough love in the form of corporal punishment rather than following the rules relating to violations of probation.
He adopts a tough-love stance because it saves him work, not because of any genuine belief in its efficacy.
Jay, the probationer, is prepared to accept corporal punishment to avoid being reincarcerated, but this will inevitably affect his relationship with Red because he will know that Red is prepared to bend the rules to suit his own convenience.
Mary is a professional probation officer who believes in upholding the rules and standards of probation, including the protection of juveniles.
Analyzing an Ethical Dilemma
The values and culture within probation generally support the notion that a probation officer should back up his or her coworkers. However, where juvenile probation officers are concerned, workplace values do not support actions that harm the probationer and flout the rules.
What ethical theories does she call to mind to assist her in resolving the dilemma?
In this case, Mary will apply the ethic of care to the dilemma.
Analyzing an Ethical Dilemma
What are Mary’s available courses of action?
Mary may intervene and stop the assault on Jay and do nothing further, or she may allow the assault to take place and immediately report it to her supervisor. She does not have the option of doing nothing at all about the assault, because that would be unethical in light of her duty to protect the well-being of juvenile probationers.
Analyzing an Ethical Dilemma
Mary will make her decision after applying, in this case, the ethic of care approach to each option. She will choose the option that is the most ethically appropriate for her under the ethic of care.
Analyzing an Ethical Dilemma
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