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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
.
No directly quoted material may be used in this project paper.
Resources should be summarized or paraphrased with
appropriate in-text and Reference page citations.
---------------------------------------------------------------------------
----------------------------------
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 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
A minimum of 10 full narrative text pages (2,500-3,000 words)
Double space
12 pt. font
1” margins
Use American Psychological Association (APA) citation format
for all narrative and Reference Page sources
Reference Page is not included in the word count
NOTE: For a formal paper, an introduction paragraph and a
closing paragraph are always appropriate.
Additionally
-
Create a cover page for your assignment (not included in word
count)
Include your name
Course title and number
Project title
Date of submission
Final Project Case StudyEthical dilemmas permeate the criminal ju.docx

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Final Project Case StudyEthical dilemmas permeate the criminal ju.docx

  • 1. 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.
  • 2. 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 . No directly quoted material may be used in this project paper. Resources should be summarized or paraphrased with appropriate in-text and Reference page citations. --------------------------------------------------------------------------- ---------------------------------- 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
  • 3. 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
  • 4. 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 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
  • 5. realized he has committed an illegal search. What should Scot do? Format Requirements A minimum of 10 full narrative text pages (2,500-3,000 words) Double space 12 pt. font 1” margins Use American Psychological Association (APA) citation format for all narrative and Reference Page sources Reference Page is not included in the word count NOTE: For a formal paper, an introduction paragraph and a closing paragraph are always appropriate. Additionally - Create a cover page for your assignment (not included in word count) Include your name Course title and number Project title Date of submission