this should be the correct one.
Law Enforcement Scenario
I worked very hard on this and tried to follow the worksheet. I don't have access to the standards as in the example, but the facts are right on. I hope this is acceptable.
The example had yes and no with no explanation in some places. But I will try to elaborate.
Instructors make me mad! URGGG!!
Sure, sorry. I went offline and didn't see your post until now.
Law Enforcement ScenarioEthical Issue: Law Enforcement
1. What is the ethical issue or problem? Identify the issue.
The two police officers are themoral agents. The problem is that althoughthe officers are convinced the man was driving and there was likely a domesticviolence situation, the requirements of the law have not been met which wouldallow the officers to make an arrest on either charge.
2. What are the mostimportant facts? What facts have themost bearing on the ethical decisions presented? Include any important potential economic,social, or political pressures, and exclude inconsequential facts.
Officers Nixon and Rook weredispatched on a domestic violence call. From all appearances, when they arrive, the husband had been driving andthe wife had called the police about domestic violence. In this jurisdiction, however, a DUI can becharged only if the police actually observe the person driving, and neitherofficer witnessed husband driving. Also,to make an arrest for domestic violence, the officers must have witnessed theassault or notice visible marks, and neither of these things happenedeither. No arrest can be made on eithercharge. If there were an arrest oneither charge, they would be thrown out.
3. Identify each claimantwho has an interest in the outcome of this ethical issue. From the perspective of the moral agent-the individualcontemplating an ethical course of action-what obligation is owed to theclaimant? Why?
Claimant Obligation Perspective
Husband Protect and Serve Thehusband would prefer not to be arrested andthat the police would follow the law to the
letteron either matter.
Wife Protect and Serve The wife may have been upset when she called
But now wants to forget the domestic assault shereported and also denies her husband was
Driving.She wants no arrest, but may be frightened. If she has no marks, the police reallydo not have a choice.
Society Justice Somemay say that the DUI was obvious, as
was the domesticassault, but the law has specific requirements and the law enforcement officersare not making laws, but only enforcing the ones the legislature haspassed. The elements are not there foran arrest either charge.
4. What are two alternatives for this scenario.One can be a wild card that you ordinarily may not consider because ofpotential implications. Both should bewithin free will and control of the same moral agent.
Alternative A. The officers could go ahead and arresthusband for domestic violence and for the DUI based on their best judgment andwhat they have observed through theirexperience and education. You do notalways have to go by the letter of the law.
Alternative B. The officers couldspeak to the wife alone and find out more information about the allegedassault. Perhaps alone, she would haveshown them some marks, or something. They could also have arrested husband forpublic intoxication since they observed him outside in public and his BAC wastwice the legal limit.
A. Best case scenario: Husband goes to jail. He pleads guilty, is found guilty, or agreesto a plea agreement. She is safe for thenight.
Worstcase: Both charges tossed. Officerschewed out.
B. Best case scenario: Hegoes to jail for public intox. She is safe. He learns his lesson maybe.
Worstcase: He doesn't get convicted.
WillAnyone Be Harmed.
A. Yes, in a way. The facts do no fit the requirements for an arrestand it would be wrong. It would be an injustice.
B. Husband harmed in away, by being arrested.
A. Professional values would be compromised ifAlternative A were followed. It would be arresting someone without followingthe law. (I don't have access to those standards)
B. No. professional values would not becompromised.
A. Not really.
B. Public Intoxication law (I'm sure there is one)
6. On worksheet
A. No, because it is not legal.
B. Yes because he was intoxicated.
A. Yes, using the husband's alleged acts to makearrests.
B. No it does not use anyone.
A. Yes. Although not a good plan, no vestedinterests
B. Yes, a good plan and no vested interests orulterior motives.
A. Yes, concern for wife and public
B. Yes, concern for wife and public
Guidelines based on consequences
A. No, too much potential harm-injustice.
B. Possibly, harm when he gets out of jail.
A. No, they are the only actors here.
B. No, they are the only actors here.
A. Possibly the husband
B. No, he will be legally arrested.
A. Not based on moral agents ego
B. Not based on moral agents ego
A. did not choose this one.
B. Greatest benefit for public andwife
Choose to proceed...
I would choose Alternative B. At least his drinking would be addressed, andthe wife would be safe for the night. Hewould likely be considered publicly intoxicated by the law and it may be a lessonfor him. The officers would be doing theright thing.
I will find the thread, and if another expert has not taken it, I will get it done for you.