Ethical Dilemma Worksheet: Corrections

University of Phoenix Material

Corrections Scenario

Ethical Issue: Corrections

The husband eventually is convicted of driving while under the influence following a jury trial. It
turns out to be his third conviction. A judge orders that a presentence investigation report be
prepared.

In the course of the investigation, the probation officer discovers that the husband had served in the
U.S. military in Somalia. His military records indicate that while there, his duties involved
collecting the dead and the injured to be taken to the hospital. In the course of this assignment, he
was captured by enemy soldiers and placed into a black metal box the size of a coffin where he remained
for the better part of 6 weeks.

Medical and psychiatric records confirm that the husband suffers from post-traumatic stress disorder
and has regressed to the level of a 10-year-old because of his imprisonment in Somalia. In the opinion
of his treating psychiatrists, any prolonged confinement, even for a few hours, could cause even
further regression and could trigger explosive outbursts and traumatic flashbacks.

Although the sentencing range for this offense could fall anywhere between zero to 365 days in jail,
the standard sentence for a third time offense usually begins at a minimum of 90 days in custody. His
prior convictions occurred before his military service in Somalia and he served a total of 60 days
custody on those, without incident.

What should the probation officer recommend?
University of Phoenix Material

Ethical Dilemma Worksheet

Incident Review

1. What is the ethical issue or problem? Identify the issue succinctly.

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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 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 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)
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)