Ethical Worksheet Essay

1. What is the estimable issue or problem? Identify the issue succinctly. The probation police incumbent has to generate a presentence probe line for the economizes trial. The probation incumbent has to keep in consideration that this last DUI would be the preserves 3rd conviction, the only one being after his military service. The pattern sentence for a third time offense usu bothy begins at a minimum of 90 stratums in custody. The maintain, however, has a eternise diagnosing him with post-traumatic stress disorder (developed after serving in Somalia) where consorting class can trigger regression, explosive outbursts, and traumatic flashbacks. What should the probation officer recommend? 2. What atomic summate 18 the most important facts? Which facts have the most bearing on the respectable decision presented? Include any(prenominal) important potential economic, social, or policy-making pressures, and exclude inconsequential facts. This is the husbands third DU I offense.Due to the husbands military service in Somalia, and his imprisonment by the opponent soldier, he now suffers from post-traumatic stress disorder and has regressed to the level of a 10-year-old. As per his psychiatrists, any character of con delicatelyment could refuse his regression, triggering explosive outbursts and traumatic flashbacks. The mensuration sentencing (since hes a third time offender) usually begins at a minimum of 90 long time in custody. His prior convictions breaked forward his military service and he served a total of 60 days in custody, without incidents. 3. Identify each claimant (key actor) who has an interest in the outcome of this ethical issue. From the perspective of the moral agentthe individual contemplating an ethical course of swear out mechanismwhat obligation is owed to the claimant? Why? Claimant(key actor)Obligation (owed to the claimant)Perspective (What does the claimant hope provide happen?)Probation OfficerBeneficence, prote ction, serviceThe probation officer would strongly recommend for the husband be placed under house arrest and attend intensive therapy and rehabilitation, preferably than being incarcerated or institutionalized. HusbandRespect, orderThe husband would prefer to dedicate a fine, if any, and be penalized in any way other than confinement. justnessBeneficence, non-injuryThe judge would prefer to help the psychological cause of the husband, as salubrious as keep the order in any locks and/or punitive 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 elections4. What are two alternatives for the scenario? champion alternative can be a wild card that you usually may not conside r an option because of potential implications. Both should be deep d feature free leave alone and control of the same moral agent. substitute(a) 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 being the husbands third conviction. 5. move to the following questions ground on your developed alternatives.Alternative AAlternative BWhat are the best- and worst-case scenarios if you choose this alternative? Best The husband shows expediency through different types of therapy and overcomes alcoholism. Worst Therapy is useless for the husband and his alcohol habituation worsens. Best Standard procedures are followed. Husband has no outburst or violent flashbacks. Worst Husband has a violent outburst hrs inside incarceration, has to be placed in solitary confinement, mental state deteriorates. leave behind anyone be ill-treated if this alternative is chosen? If so, how leave they be harmed? think families and derived function effects. The husband will be hurt if the therapies recommended do not work as expected. His mental condition and alcohol dependency may worsen if the issue is not approached properly.The husbands mental, emotional, and maybe steady visible state will worsen will incarceration, since his violent outburst and flashbacks will be reoccurring. Would honoring an idea or valuesuch(prenominal) as personal, professional, or religious deal the alternative invalid? Prioritizing the mental health 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. Are there any rules, laws, or principles that support the alternative? Are there rules, laws, or principles that make the alternativ e invalid? State the rule or principle and propose if it invalidates or supports the alternative. 3455. Idiocy as a DefenseYou may not find the defendant guilty of if (he/she) was legally incapable of committing a plague because of idiocy. 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 disease or defect2. Because of that disease or defect, (he/she) did not know or go out 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 member 23546 Penalty Third Conviction Within Ten geezerhood 23546. (a) If a person is convicted of a violation of Section 23152 and the offense occurredwithin 10 years of two separate violations of Section 23103, as contract 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 than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The persons exemption to operate a motor vehicle shall be revoked by the segment of Motor Vehicles as required in paragraph (5) of subdivision (a) of Section 13352. The court shall require the person to surrender his or her drivers license to the court in accordance with Section 13550Applying Ethical Guidelines6. Consider each ethical guideline and beg off whether it would support or resist 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 future? (Kant) YesNoDoes this alternative result in using any person as a means to an end without consideration for his or her basic virtue? (Kant) NoYesIs the intent of this action free from vested interest or subterranean motive? (Kants good wil l) YesYesDoes this alternative demonstrate a accepted concern for others affected by the decision, and is the moral agency responding to a perceived need? Yes concern for others and responding to a perceived need are implicate 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 gradation is this alternative based on the moral agents own best interest? (ethical egoism) not based on the tidings 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 sterling(prenominal) benefitor the least 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 run low 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 psychothe rapy, and any other type of therapy the husband 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.