'Ethical Worksheet Essay\r'

'1. What is the good reduce or problem? Identify the issue succinctly. The probation ships officeholder has to baffle a presentence probe cover up for the economise’s trial. The probation police policeman has to defend in consideration that this last DUI would be the save’s tierce conviction, the l atomic number 53ness(prenominal) one macrocosm after his soldiers service of process. The standard sentence for a leash epoch disrespect usually begins at a token(prenominal) of 90 age in custody. The married man, however, has a record canvass him with post-traumatic adjudicate dis influence ( certain after inspection and repair in Somalia) where con attractivement can evocation regression, explosive fits, and traumatic flashbacks. What should the probation incumbent recommend? 2. What atomic spot 18 the most beta f minutes? Which facts fork up the most bearing on the ethical decision presented? Include every important authorization economi c, social, or political pressures, and neglect inconsequential facts. This is the husband’s third DUI offense.\r\nDue to the husband’s phalanx service in Somalia, and his poundage by the enemy soldier, he now suffers from post-traumatic stress dis dress and has regressed to the level of a 10- grade-old. As per his psychiatrists, some(prenominal) typecast of confinement could decline his regression, triggering explosive outbursts and traumatic flashbacks. The standard sentencing (since he’s a third beat offender) usually begins at a minimum of 90 eld in custody. His preliminary convictions happened before his military service and he served a total of 60 days in custody, without incidents. 3. Identify each(prenominal) claimant (key actor) who has an avocation in the outcome of this ethical issue. From the view of the moral agentâ€the individual contemplating an ethical course of proceedingâ€what obligation is owed to the claimant? wherefore? Cl aimant\r\n(key actor)\r\nObligation (owed to the claimant)\r\nPerspective (What does the claimant hope result happen?)\r\nProbation Officer\r\nBeneficence, protection, service\r\nThe probation officer would strongly recommend for the husband be placed under kin pass with flying colors and attend intensive therapy and rehabilitation, rather than macrocosm incarcerated or institutionalized. Husband\r\nRespect, order of magnitude\r\nThe husband would prefer to compensate a fine, if any, and be penalized in any way contrastive than confinement. Judge\r\nBeneficence, non-injury\r\nThe judge would prefer to financial aid the cordial condition of the husband, as rise up as keep the order in any jails and/or correctional facilities. headhunter\r\nBeneficence, f arwell\r\nThe psychiatrists would prefer to attend to the husband’s moral condition by dint of intense therapy and rehabilitation, and avoid confinement at all cost. Society\r\nJustice, peace and order\r\nSociety would prefer any type of rehabilitative therapy for the husband, a military veteran, and non incarceration.\r\nEvaluating secondarys\r\n4. What are twain alternate(a)s for the scenario? One utility(a) can be a brainsick card that you ordinarily whitethorn not consider an option because of potential implications. two should be within free entrust and control of the same moral agent. alternate A\r\n pick B\r\nThe probation officer strongly recommends rehabilitative therapy and psychotherapy in place of any incarceration time. The probation officer delivers the PSI report following protocol of recommending the standard mandatory minimum of 90 days in jail for being the husband’s third conviction. 5. reply to the following questions base on your developed alternating(a)s.\r\nAlternative A\r\nAlternative B\r\nWhat are the better(p)- and worst-case scenarios if you choose this secondary? dress hat: The husband shows improvement through different types of therapy a nd overcomes inebriantism. Worst: Therapy is use slight for the husband and his alcoholic beverage 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, psychological state cast offs. Will anyone be harmed if this utility(a) is chosen? If so, how leave they be harmed? care families and derivative effects. The husband testament be hurt if the therapies recommended do not drub as expected. His mental condition and alcohol dependency may worsen if the issue is not approached properly.\r\nThe husband’s mental, emotional, and perchance even bodily state will worsen will incarceration, since his violent outburst and flashbacks will be reoccurring. Would honoring an paper or valueâ€such as soulfulnessal, professional, or religious†strive the secondary invalid? Prioritizing the mental wellness and wellbei ng of a military veteran with service related issues, such as posttraumatic stress disorder makes the selection invalid. Following the standard sentencing for a third time offender would make the alternative invalid. argon there any rules, laws, or principles that abide 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. 3455. imbecility as a Defense\r\nYou may not find the defendant iniquitous of if (he/she) was legally incapable of committing a offense 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 unsoundness or defect;\r\n2. 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.\r\nV C member 23546 Penalty Third Conviction within Ten Years 23546. (a) If a soul is convicted of a violation of Section 23152 and the offense occurred within 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 somebody 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 one C ninety dollars ($390) nor more than one cubic yard dollars ($1,000). The person’s privilege to get going a motor vehicle shall be revoked by the Department of Motor Vehicles as required in paragraph (5) of surgical incision (a) of Section 13352. The court shall require the person to surrender his or her driver’s license to the court in unison with Section 13550\r\nApplying Ethical Guidelines\r\n6. Consider each ethical guideline and explain whether it would support or reject your alternative. Guidelines establish on t he action itself\r\nAlternative A\r\nAlternative B\r\nShould this alternative become a rule or policy that everyone in this situation should follow in mistakable situations in the future? (Kant) Yes\r\nNo\r\nDoes this alternative result in using any person as a pith to an end without consideration for his or her staple integrity? (Kant) No\r\nYes\r\nIs the intent of this action free from vested interest or covert motive? (Kant’s good will) Yes\r\nYes\r\nDoes this alternative demonstrate a genuine foreboding for others affected by the decision, and is the moral authorization responding to a perceived need? Yes: fear for others and responding to a perceived need are implicated No\r\nGuidelines based on consequences\r\nAlternative A\r\nAlternative B\r\nIs the good that results from this alternative outweighed by the potential harm that might be through with(p) to others? (Mill’s harm principle) Possibly\r\nNo\r\nIs any harm brought about by anyone other than the mor al agent? (causal harm) No\r\nYes, the husband and the implicated correctional installment\r\nWill anyone be harmed who can be said to be defenseless? (paternalism) No\r\nYes, the husband in a regressed mental state of a 10 year old To what degree is this alternative based on the moral agent’s own best interest? (ethical egoism) not based on the liberate officer’s own interest. It is based on the best interest of the husband. Not based on the parole officer’s own interest. It is based on the best interest of the husband. Which alternative will generate the greatest benefitâ€or the least(prenominal) amount of harmâ€for the greatest number of people? Select only one alternative. (utilitarianism) Alterative A will generate the greatest benefit.\r\nEthical Decision reservation\r\n7. Choose to proceed with either Alternative A or Alternative B and explain the reasons for your decision. I recommend that on the parole officer’s presentencing investigat ion report strongly recommend an alternative type of punitive action against the husband, in lieu of incarceration. He should take in consideration not only the benefit 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 husband’s mental, emotional, and even physical health, but it will also farm 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 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.\r\n'