Ethical Worksheet Cja 413

ETHICAL WORKSHEET

copyright Thomas H. Bivins, 2000 with modifications by Coleen M. Cusack, 2003

STUDENT NAME:

1. What is the ethical issue / problem? Define in one or two sentences.

"D.D.A. Acute notes that the main difference between the old and the new reports is where it now states that as the patrol car pulled up at the residence, the officers observed the husband driving and then parking the blue station wagon. What should the prosecutor do?

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2. Most Important Facts (MIF). Which facts have the most bearing on the ethical decision presented? Include any potential economic, social or political pressures.

"Officer Rook is designated to write the report and deliver it to the prosecutor's office. P. Ross Acute reviews this police report to decide whether to file charges against the husband. The report accurately depicts the facts as described by Officer Rook and Nixon's initial dilemma when arresting the husband. While he is reviewing the report, Officer Nixon comes into his office. Officer Nixon tells the prosecutor that the police report had mistakenly been dropped off before being signed off by a supervisor, as is required under city policy and procedures. Officer Nixon swaps the previous report for a new report, explaining that the new report was signed off by a supervisor and was more complete. Acute notes that difference between two reports is the officers' state as the patrol car pulled up at the residence, the officers observed the husband driving and then parking the blue station wagon.

The deputy prosecutor is aware of the conflicting reports and the supervisor approving the false report, if he charges the husband according the false report; it is zealous prosecution and Testilying on the officers' behalf. Criminal charges could result against the officer and prosecutor; therefore, all parties would face major financial losses, not be able to support their families. If the husband is charged with the offense he could be fired from his job, not be able to support his family, pay taxes, or make ends meet leading him to further mental distraught.

If the prosecutor addresses the supervisor and officers on their unethical behaviors Acute could loose his job, face financial ruin for his family and ruin future chances for District Attorney.

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"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.The prosecutor is confident in the old report because it depicts the facts according the officers ethical dilemma in arresting the husband for driving under the influence he was first presented. However, the department puts pressure on the officers for not making sure to have enough evidence before arresting and charging an individual with any crime; therefore, a new report was submitted changing the facts to state that as the patrol car pulled up at the residence, the officers observed the husband driving and then parking the blue station wagon. If the prosecutor addresses the supervisor and officers, conversely law enforcement would argue the resistance of prosecutor control of charging because the officers "see case rejections as an implicit criticism of the arresting officer for making a "wrong" arrest." In addition, when using prosecutorial screening the DA can suffer consequences because the police department will no longer back the DA for not filing their cases and DA to not seek re-election. If D.D.A. acute causes the police department to no longer back, his boss the DA because of his actions the Acute could loose his job and also chances of running for District Attorney in the Future.

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CLAIMANT OBLIGATION PERSPECTIVE

3A DDA Acute Beneficence Gratitude Would prefer that moral agent to go by the new report, and file charges. The moral agent (DDA Acute) owes the claimant and community protection and justice to be followed.

3B Intoxicated Husband Fidelity Beneficence The intoxicated and mentally unstable husband would prefer that the