Ethical Worksheet Essay

1. What is the ethical issue or problem? mark the issue succinctly. The probation military police officer has to generate a presentence investigation musical theme for the hubbys trial. The probation officer has to commemorate in consideration that this last DUI would be the husbands deuce-ace conviction, the only unmatchable organism after his military serve up. The standard sentence for a third season offense usually begins at a minimum of 90 days in custody. The husband, however, has a record diagnosing him with post-traumatic stress illness (developed after serving in Somalia) where confinement can trigger regression, explosive fits, and traumatic flashbacks. What should the probation officer remember? 2. What are the most important facts? Which facts have the most bearing on the ethical decision presented? hold both important potential economic, social, or political pressures, and exclude inconsequential facts. This is the husbands third DUI offense.Due to the hu sbands military service in Somalia, and his imprisonment by the enemy soldier, he now suffers from post-traumatic stress disorder and has regressed to the level of a 10- family-old. As per his psychiatrists, any type of confinement could aggravate his regression, triggering explosive outbursts and traumatic flashbacks. The standard sentencing (since hes a third time offender) usually begins at a minimum of 90 days in custody. His prior convictions happened before his military service and he served a total of 60 days in custody, without incidents. 3. Identify each claimant (key actor) who has an entertain in the issuance of this ethical issue. From the perspective of the moral agentthe individual contemplating an ethical course of actionwhat obligation is owed to the claimant? wherefore? Claimant(key actor)Obligation (owed to the claimant)Perspective (What does the claimant hope go forth happen?)Probation OfficerBeneficence, protection, serviceThe probation officer would strongl y commend for the husband be placed under house arrest and attend intense therapy and rehabilitation, rather than world incarcerated or institutionalized. HusbandRespect, orderThe husband would prefer to pay a fine, if any, and be penalized in any way other than confinement. JudgeBeneficence, non-injuryThe judge would prefer to help the mental condition of the husband, as hearty as keep the order in any jails and/or correctional facilities. PsychiatristBeneficence, farewellThe psychiatrists would prefer to attend to the husbands mental condition through intense therapy and rehabilitation, and avoid confinement at all cost. SocietyJustice, peace and orderSociety would prefer any type of rehabilitative therapy for the husband, a military veteran, and non incarceration.Evaluating alternates4. What are two alternatives for the scenario? One alternative can be a nutty card that you ordinarily may not consider an option because of potential implications. Both should be at bottom free allow for and control of the same moral agent. Alternative AAlternative BThe probation officer strongly recommends rehabilitative therapy and psychotherapy in place of any incarceration time. The probation officer generates the PSI report following protocol of recommending the standard mandatory minimum of 90 days in jail for cosmos the husbands third conviction. 5. Respond to the following questions establish on your developed alternatives.Alternative AAlternative BWhat are the silk hat- and worst-case scenarios if you choose this alternative? Best The husband shows improvement through antithetical types of therapy and overcomes alcoholism. Worst Therapy is useless for the husband and his alcohol dependency worsens. Best Standard procedures are followed. Husband has no outburst or violent flashbacks. Worst Husband has a violent outburst hrs within incarceration, has to be placed in solitary confinement, mental state deteriorates. Will anyone be maligned if this alternati ve is chosen? If so, how pull up stakes they be harmed? Consider families and derivative effects. The husband will be hurt if the therapies recommended do not cipher as expected. His mental condition and alcohol dependency may worsen if the issue is not approached properly.The husbands mental, emotional, and maybe even physical state will worsen will incarceration, since his violent outburst and flashbacks will be reoccurring. Would honoring an idea or valuesuch as personal, professional, or ghostlikemake the alternative invalid? Prioritizing the mental wellness and wellbeing of a military veteran with service related issues, such as PTSD makes the alternative invalid. Following the standard sentencing for a third time offender would make the alternative invalid. atomic number 18 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 luff if it invalidates or supp orts the alternative. 3455. Idiocy as a DefenseYou may not find the defendant blameworthy of if (he/she) was legally incapable of committing a crime because of foolishness. The defendant was legally incapable of committing a crime because of idiocy if at the time the crime was committed 1. (he/she) had a mental distemper or defect2. Because of that disease or defect, (he/she) did not know or understand the nature and quality of (his/her) act or did not know or understand that (his/her) act was morally or legally wrong.V C segmentation 23546 Penalty Third Conviction Within Ten Years 23546. (a) If a person is convicted of a colza of Section 23152 and the offense occurredwithin 10 years of two separate violations of Section 23103, as qualify in Section 23103.5, 23152, or 23153, or any combination thereof, that resulted in convictions, that person shall be punished by imprisonment in the county jail for not less than 120 days nor more(prenominal) than one year and by a fine of n ot less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The persons privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles as required in paragraph (5) of subdivision (a) of Section 13352. The judicature shall require the person to surrender his or her drivers license to the court in agreement with Section 13550Applying Ethical Guidelines6. Consider each ethical guideline and explain whether it would support or disdain your alternative. Guidelines based on the action itselfAlternative AAlternative BShould this alternative become a rule or policy that everyone in this situation should follow in similar situations in the proximo? (Kant) YesNoDoes this alternative result in using any person as a bureau to an end without consideration for his or her basic integrity? (Kant) NoYesIs the intent of this action free from vested interest or ulterior motive? (Kants good will) YesYesDoes this alternative demonstrate a genuine upkeep for others affected by the decision, and is the moral agency responding to a comprehend contain? Yes concern for others and responding to a perceived need are implicated NoGuidelines based on consequencesAlternative AAlternative BIs the good that results from this alternative outweighed by the potential harm that might be done to others? (Mills harm principle) PossiblyNoIs any harm brought about by anyone other than the moral agent? (causal harm) NoYes, the husband and the implicated correctional facilityWill anyone be harmed who can be said to be defenseless? (paternalism) NoYes, the husband in a regressed mental state of a 10 year old To what degree is this alternative based on the moral agents own best interest? (ethical egoism) Not based on the parole officers own interest. It is based on the best interest of the husband. Not based on the parole officers own interest. It is based on the best interest of the husband. Which alternative will generate the greatest benefitor the to the lowest degree amount of harmfor the greatest number of people? Select only one alternative. (utilitarianism) Alterative A will generate the greatest benefit.Ethical Decision Making7. Choose to proceed with either Alternative A or Alternative B and explain the reasons for your decision. I recommend that on the parole officers presentencing investigation report strongly recommend an alternative type of punitive action against the husband, in lieu of incarceration. He should take in consideration not only the welfare and mental health of the husband, but the order in the corresponding correctional facility. The parole officer should note that incarceration will not only greatly deteriorate the husbands mental, emotional, and even physical health, but it will also create altercations and physical confrontations in jail. The parole officer should push for some type of intensive rehabilitative therapy, as well as psychotherapy, and any other type of therapy the husb and may need in order to treat his mental condition as well as to address his alcohol dependency. If necessary, applying a fine and/or house arrest in order to pay for the offense. The parole officer should put the health and well being of the husband first.