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1. What is the ethical issue / problem? Define in one or two sentences.
Law enforcement officials suspect that an individual is driving under the influence and thus, becoming a risk for everyone around him. Before the law enforcement officer can make an arrest, there has to be a clear sign of probable cause. If an officer neglects to find probable cause before arresting the individual, the rial will be
2. Most Important Facts (MIF). Which facts have the most bearing on the ethical decision presented? Include any potential economic, social or political pressures. Law enforcement officials have the responsibility to determine if the offense is grave enough that it requires apprehension of the culprit based on probable cause. In this case, the individual was driving under the influence so he is risking the lives of those around him as well as blatanley breaking the law. Morally and ethically, the individual should immediately go to jail but there must be a trial first. The officers must have probable cause or sufficient evidence to validate the arrest of the individual.
3. Claimant, Obligations and Perspectives: Identify each claimant who has an interest in the outcome of this ethical issue. From the perspective of the moral agent (individual contemplating ethical course of action) what obligation is owed to the claimant? Identify the perspective of each of the claimants by indicating what outcome they would prefer to this issue.
CLAIMANT DUI Suspect Battered Wife Police Officers Society 3E OBLIGATION non-injury non-injury Justice reparation, justice Its preferrable to make the arrest and hold the offender accountable for their actions. Society would prefer the offender to pay restitution for the damages committed. PERSPECTIVE Has the intention to avoid arrest for DUI and other violence charges. Does not want husband to be arrested.
FIDELITY: Was the moral agent entered into contract (express or implied), commit to a promise or some kind of agreement with the claimant? REPARATION: Was the moral agent involved in a crime which he/she can now repair through restitution? GRATITUDE: Is the moral agent of the actions of the claimant? Is the moral agent expecting a returned favor? JUSTICE: Does the equities benefit the claimaint in comparison to others? [NOTE: Should only be assigned to ONE claimant.] BENEFICENCE: Does the moral agent have the ability to help this claimant our and does the claimanant anticipate assistance? NON-INJURY: Can the moral agent avoid harming the claimant if desired?
the officer would specify that they dont want to see criminal Society would face damages and the battered wife would live with emotional damages. and how will they be harmed? What are the best. However.and worse-case scenarios if you choose this alternative? Law enforcement officials issue a warning for the offender in order to stop their criminal activity. Society and wife.4. . religious or other) invalidate the chosen alternative or call it into question? Are there any rules or principles (legal. professional. Police officer would be following the law. Following guidelines. if an offender is not arrested Will anyone be harmed if There is the potential that this alternative is chosen. arrest. the offender will be harmed. ALTERNATIVE COURSES OF ACTION ALTERNATIVE ONE Arrest Offender What is the alternative? [Must identify three possible alternatives] ALTERNATIVE TWO Warn Offender ALTERNATIVE THREE Do not arrest An offedner which is apprehended is essentially being removed from society and taken away from the tempation to violate the law further. Illegal activity should be monitered by the police in order to justify the arrests made by the police. Offenders which are not arrested fall into the impression that they got away with the crime and immediately commit another crime. professional. law Law enforcement officials enforcement officials always lean on making the would prefer to arrest. Law enforcement officials would be following the laws although they can use discretion to issue warning to petty offenders. Would honoring any ideal no or value (personal. organizational. or other) that either support of invalidate this alternative? Identify the rule and indicate whether it supports or invalidates the alternative.
5. ETHICAL GUIDELINES: Consider the following ethical guidelines and ask yourself whether they either support or reject any of your alternatives. Describe the character of a person adopting this alternative. if honest and possible. moral agents To what degree is this alternative based on the moral agent's best interest own best interest? To what degree is this alternative based on the organization's best interests? (Ethical Egoism) Which of the alternatives will generate the greatest benefit (or the least amount of harm) for the greatest number of people? (Utilitarianism) [Select one alternative only] 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/her basic integrity? (Kant) Is the intent of the action free from vested interest or ulterior motive? (Kant's "good will. For example. ALT 1 Guidelines based on consequences: Is the "good" brought about by this alternative outweighed by the potential harm that might be done to anyone? (Mills' Harm Principle) Is any of the harm brought about by anyone other than the moral agent? (Causal Harm) Will anyone be harmed who could be said to be defenseless? (Paternalism) ALT 2 ALT 3 yes no no no yes yes no yes criminal justice systems best interest yes criminal justice system best interest. can an "honest and caring" character also be viewed by some as a "disloyal whistleblower"? Which is the more likely perception? Does this alternative demonstrate a genuine concern for others affected by the decision and/or is the moral agent responding to a perceived need? (Ethic of Care) yes no no .") x rule no no no no no no yes honest and trustworthy yes honest and trustworthy Moral agent. by attributing a positive virtue juxtaposed with its trustworthy negative counterpart.
A known offender will continue to put lives at risk and will more than likely abuse his wife. Furthermore. based upon your analysis. Compose a letter from the moral agent to his or her most adamant detractor defending the alternative chosen.Some conflicts occur regarding DUI's. Dear Officers Nixon and Rook. the arrest should be made regardless because at the very least. In a scenario which the officer has sufficient evidence. a criminal which thinks he beat the system is going to be more inclined to commit more criminal acts and potentially of worse nature. the officer is succesful at removing an 7. the victim is affected severaly emotionally so they never get the courage to report the incident with the police.6. In many scenarios. I feel that the best alternative to this dilemma is too arrest the criminal at the time of the act. the arrest is simply justified and the offender is convicted. The offender should definately be apprehended for their involvement in a DUI and a domestic abuse case. In my opinion. This lack of evidence prevents officers from making an arrest. Experience has taught officers that sufficient evidence must be present before making an arrest or the case will ultimately be thrown out in court anyway. . State your decision and the reason for your decision. This method is not beneficial to the court system but its more than beneficial to the community. Choose one of the alternatives above.
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