Law Enforcement Scenario
CJA/324 Version 3
1
University of Phoenix Material
Law Enforcement Scenario
Ethical Issue: Law Enforcement
Officer Nixon, a 20-year veteran, and Officer Rook, who has been on the force for less than a year, respond to a reported domestic violence call. When they get there, they observe a man staggering up the walkway to the residence. He drops something and bends down to pick it up. The officers notice that the man is holding what appears to be a set of car keys. They see him put the item in his pocket before he reaches the front door. As the officers park their vehicle, the man opens the door and enters the residence.
The two officers exit their vehicle and approach the front door. The only car on the street is a blue station wagon. Officer Nixon touches the hood of the station wagon and discovers it is still warm to the touch. Before they reach the door, a woman opens it and greets them. She tells the police that she called them because she and her husband had a verbal argument, and when her husband left the house, she started to worry about him. Now that he is home, she states, she no longer needs their services. She denies being hit—despite the dispatcher’s indications to the contrary. No injuries are visible.
The husband joins his wife at the door, and the police ask him some questions to corroborate his wife’s story. The police notice that he is slurring his words and has other objective symptoms of intoxication. They ask the man if he had been driving. The husband and wife exchange nervous glances, and the wife says that he has not. The husband then tells the officer that he went for a walk around the block to cool off.
The couple admits that they only own one vehicle, and it is the blue station wagon parked on the street in front of the residence. The wife states that she has not driven the car all day. The husband states that he parked the car there when he returned home from work 4 hours ago. They ask him to empty his pockets. In his front pocket, there are a set of keys. He tells the officers that he put the keys in his pocket when he came home from work and he has not taken them out since.
The husband fails to perform satisfactorily when field sobriety tests are administered. A preliminary alcohol-screening device reveals that the husband’s blood alcohol level is .20, twice the legal limit. In this jurisdiction, to arrest someone for a misdemeanor charge of driving while under the influence, the police must actually observe the individual driving the vehicle. If the individual is not observed driving, the conviction will be thrown out.
Based on his training and experience, Officer Nixon is convinced that the husband was driving the car immediately before they pulled up to the residence. To arrest for domestic violence, the officers must either observe an assault or the victim must have visible injuries.
What should the officers do?
Ethical Dilemma Works ...
Law Enforcement ScenarioCJA324 Version 31University of Ph.docx
1. Law Enforcement Scenario
CJA/324 Version 3
1
University of Phoenix Material
Law Enforcement Scenario
Ethical Issue: Law Enforcement
Officer Nixon, a 20-year veteran, and Officer Rook, who has
been on the force for less than a year, respond to a reported
domestic violence call. When they get there, they observe a man
staggering up the walkway to the residence. He drops something
and bends down to pick it up. The officers notice that the man is
holding what appears to be a set of car keys. They see him put
the item in his pocket before he reaches the front door. As the
officers park their vehicle, the man opens the door and enters
the residence.
The two officers exit their vehicle and approach the front door.
The only car on the street is a blue station wagon. Officer Nixon
touches the hood of the station wagon and discovers it is still
warm to the touch. Before they reach the door, a woman opens
it and greets them. She tells the police that she called them
because she and her husband had a verbal argument, and when
her husband left the house, she started to worry about him. Now
that he is home, she states, she no longer needs their services.
She denies being hit—despite the dispatcher’s indications to the
contrary. No injuries are visible.
The husband joins his wife at the door, and the police ask him
some questions to corroborate his wife’s story. The police
notice that he is slurring his words and has other objective
symptoms of intoxication. They ask the man if he had been
driving. The husband and wife exchange nervous glances, and
2. the wife says that he has not. The husband then tells the officer
that he went for a walk around the block to cool off.
The couple admits that they only own one vehicle, and it is the
blue station wagon parked on the street in front of the
residence. The wife states that she has not driven the car all
day. The husband states that he parked the car there when he
returned home from work 4 hours ago. They ask him to empty
his pockets. In his front pocket, there are a set of keys. He tells
the officers that he put the keys in his pocket when he came
home from work and he has not taken them out since.
The husband fails to perform satisfactorily when field sobriety
tests are administered. A preliminary alcohol-screening device
reveals that the husband’s blood alcohol level is .20, twice the
legal limit. In this jurisdiction, to arrest someone for a
misdemeanor charge of driving while under the influence, the
police must actually observe the individual driving the vehicle.
If the individual is not observed driving, the conviction will be
thrown out.
Based on his training and experience, Officer Nixon is
convinced that the husband was driving the car immediately
before they pulled up to the residence. To arrest for domestic
violence, the officers must either observe an assault or the
victim must have visible injuries.
What should the officers do?
3. Ethical Dilemma Worksheet
CJA/324 Version 3
1
University of Phoenix Material
Ethical Dilemma Worksheet
Incident Review
1. What is the ethical issue or problem? Identify the issue
succinctly.
2. 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.
3. Identify each claimant (key actor) who has an interest in the
4. 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
(key actor)
Obligation (owed to the claimant)
Perspective (What does the claimant hope will happen?)
Evaluating Alternatives
4. 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
5. Respond to the following questions based on your developed
alternatives.
Alternative A
5. Alternative B
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
6. 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 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)
6. 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
Alternative A
Alternative B
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
7. Choose to proceed with either Alternative A or Alternative B
and explainthe reasons for your decision.