Hi! Do you have the case and the worksheet? That sample worksheet really helped a lot last time!
Ethical Issue: Prosecutors
Officers Nixon and Rook decided to arrest the husband for driving under the influence. He is taken to the station for processing. During processing, the husband is visibly agitated. He keeps mumbling to himself and rocking back and forth in his chair. His wife comes to the station and reports that her husband had some bad experiences while in Somalia. She requests that he be allowed to return home with her after processing. The police officers, already at the end of their shift, readily agree.
Officer Rook is designated to write the report and deliver it to the prosecutor’s office. P. Ross Acute is the issuing deputy district attorney. He is reviewing this police report to decide whether to file charges against the husband. The report accurately depicts the facts. While he is reviewing the report, Officer Nixon comes into his office.
Officer Nixon tells the prosecutor that the police report had been mistakenly dropped off before being signed off by a supervisor, which is required under city policy and procedures. Officer Nixon swaps the previous report for a new report, explaining that the new report was signed off by a supervisor and is more complete.
D.D.A. Acute notes that the main difference between the old and new reports is that it states that the officers observed the husband driving and then parking the blue station wagon as the patrol car pulled up at the residence.
What should the prosecutor do?
University of Phoenix Material
Ethical Dilemma Worksheet
Obligation (owed to the claimant)
Perspective (What does the claimant hope will happen?)
What are the best- and worst-case scenarios if you choose this alternative?
Will anyone be harmed if this alternative is chosen? If so, how will they be harmed? Consider families and derivative effects.
Would honoring an idea or value—such as personal, professional, or religious—make the alternative invalid?
Are there any rules, laws, or principles that support the alternative? Are there rules, laws, or principles that make the alternative invalid? State the rule or principle and indicate if it invalidates or supports the alternative.
Applying Ethical Guidelines
Guidelines based on the action itself
Should this alternative become a rule or policy that everyone in this situation should follow in similar situations in the future? (Kant)
Does this alternative result in using any person as a means to an end without consideration for his or her basic integrity? (Kant)
Is the intent of this action free from vested interest or ulterior motive? (Kant’s good will)
Does this alternative demonstrate a genuine concern for others affected by the decision, and is the moral agency responding to a perceived need?
Guidelines based on consequences
Is the good that results from this alternative outweighed by the potential harm that might be done to others? (Mill’s harm principle)
Is any harm brought about by anyone other than the moral agent? (causal harm)
Will anyone be harmed who can be said to be defenseless? (paternalism)
To what degree is this alternative based on the moral agent’s own best interest? (ethical egoism)
Which alternative will generate the greatest benefit—or the least amount of harm—for the greatest number of people? Select only one alternative. (utilitarianism)
Ethical Decision Making
That's the blank worksheet
SORRY THAT'S THE WRONG BLANK WORKSHEET!
:-) It happens.......Just get it to me when you can. Thanks so much! DXJ
HERE'S THE WORKSHEET SAMPLE........
Ethical Worksheet Sample
The moral agent is a criminal defense attorney. The attorney knows of another criminal defense attorney who is an alcoholic and ignores his client obligations. What should the moral agent do?
The attorney often appears in court intoxicated. He ignores his cases and does not file appropriate motions before deadlines expire. His clients, who are court-appointed, usually end up with convictions and heavy sentences due to his incompetence. In trial, he is unprepared and unprofessional. Defendants have complained. Defense attorneys, prosecutors, and judges are aware of his incompetence and have done nothing. The attorney’s disbarment would likely cause drastic economic consequences for the attorney. If the moral agent is responsible for his disbarment, the moral agent may face the social stigma and pressure of being labeled a snitch. With emphasis on stiffer penalties for defendants, there is political pressure to ignore the situation, as only alleged criminals are affected by his incompetence.
(owed to the claimant)
The attorney would prefer that the moral agent ignore the situation and do nothing.
The clients would prefer that the moral agent help them obtain new counsel or that the attorney's incompetence was corrected.
Other criminal defense attorneys
Good defense attorneys would prefer that the incompetent attorney's behavior was corrected or that he be prevented from practicing criminal defense. Marginal defense attorneys might prefer that the moral agent does nothing, lest their own actions be called into question.
Prosecutors, judges, and bailiffs
Bailiffs would prefer not to have to accommodate his unpreparedness and intoxication in the courtroom. Prosecutors and judges may prefer that the moral agent does nothing, as a more competent attorney may make their job more difficult with motions and objections. Some prosecutors and judges may prefer that the incompetent attorney's behavior was corrected or that he was prevented from practicing to avoid reversals on appeals due to his incompetence.
The advocates of law and order may prefer that the moral agent does nothing, as criminals will receive harsher sentences as a result and the process will be more streamlined. Advocates of individual rights would prefer that the incompetent attorney's behavior was corrected or that he was prevented from practicing law.
Talk to the attorney and offer to help him with his cases while he seeks treatment for alcoholism.
File an official report with the agency that is responsible for appointing cases to him.
Best case: The incompetent attorney accepts the generous offer, addresses his drinking problem, changes his behavior, and thereafter represents his clients effectively.
Worst case: The attorney rejects the offer, and his incompetent behavior continues.
Best case: His behavior is corrected, or he is removed from the appointment panel.
Worst case: Little action is taken by the agency and the behavior continues. The moral agent is labeled a snitch.
The moral agent may be harmed by the financial consequences of agreeing to help the incompetent attorney if the moral agent is not provided with monetary compensation for the work performed. The moral agent may be harmed by potential backlash if the offer is rejected and if the agent encounters the incompetent attorney in future professional dealings.
The attorney may be harmed if removed from the panel and he does not have other opportunities to generate revenue. If he has a family, the family could be harmed as a result of the loss of income. The moral agent's reputation may be harmed by the negative label. The panel may be harmed by the loss of one of its attorneys.
Would honoring any idea or value—such as personal, professional, or religious—make the alternative invalid?
Perhaps family values would be compromised if the time constraints from assisting the attorney result in the moral agent's decreased ability to take care of family obligations, including spending time with them.
The value of loyalty to fellow criminal defense attorneys is called into question.
Standard 4-1.2(d) states: The defense counsel should seek to reform and improve the administration of criminal justice. When inadequacies or injustices in the substantive or procedural law come to the defense counsel's attention, he or she should stimulate efforts for remedial action.
This ethical rule supports the alternative.
6. Consider each ethical guideline and explain whether it would support or reject your alternative.
Yes: concern for others and responding to a perceived need are implicated
Is the good brought about by this alternative outweighed by the potential harm that might be done to others? (Mill’s harm principle)
Yes: the decision of panel
Maybe: the moral agent's family
Maybe: incompetent attorney's family
Not based on the moral agent's own interests; based on the best interests of the state bar association
Alternative B will generate the greatest benefit.
I recommend that the moral agent report this conduct to the appointment panel. This would help correct his behavior, which affects his appointed cases and those who retain him. These people would have civil recourse and the ability to hire another attorney. It would not necessitate extra work hours for the moral agent, which may negatively affect the moral agent's family. If the behavior continues, then the moral agent could follow up by reporting the behavior to the state bar association. The label of snitch might be possible to avoid, especially if the moral agent's name is XXXXX XXXXX during the disciplinary proceedings. If it is not possible to avoid, any negative consequences from this label would be offset by those who appreciated and respected the moral agent's actions.
Got it! Thanks!
HERE'S THE BLANK WORKSHEET.....
Ethical Dilemma Worksheet & Rubric
CJA/324 Ethics in Criminal Justice
Student Name: ________________________________
TOTAL POINTS EARNED
Finally got all this copied.
I'll start working through the rest of this tonight. DXJ
Halfway through this:-)
Your worksheet is here and here.
Both download options should open in a new window.
Hope this helps! DXJ
Hi! You never gave me the additional details for the team assignment:-)
You told me you would give me the details last night or today.
Attachments are only available to registered users.
If you give me those I might be able to get it to you late tonight. DXJ
I sent it thought you rec'd it last night. I so sorry! It is on Corrections and there is no word count on this because it's a PowerPoint presentation. We just need the points on the slides and detailed speaker's note (about a paragraph). So we need to give the one doing the actual powerpoint part enough information to put this together.
Any specific questions you need to answer for the corrections part?
Sorry, it's still not clear.
Love the graphic!!!!!! DXJ
Ok, let me look back through the conversations.......
Sorry, still getting my bearing after the technical difficulties experienced here over a day and a half........Appreciating your patience!
Wednesday, February 29, 2012 8:21 PM EST
To what do you attribute these violations-the personality of the guards, lack of training, or some other factor? How might these violations be deterred or prevented? Explain.
That's my question- It's either going to be on:
Ethics Issue Presentation, located on the student website, and select one of the following options to complete the assignment.
Also waiting the word breakdown on how many everybody's part has to be!
SO TELL ME HOW DO YOU FEEL ABOUT IT- ARE YOU WILLING TO HANDLE THIS FOR ME? I THINK IT'S GOING TO BE ON OPTION #4
This, I do recall.........
Sometimes, when conversations get scattered across threads, it gets confusing:-)
I can help. DO you absolutely need this tonight or can I get it to you early tomorrow?
That would be wonderful!!!!!!!!!!!
Thanks so much!
Your welcome, but the thanks is all yours!