Ethical Dilemmas
Situation 1
You ride a motorcycle, and you think it is much more enjoyable to ride without a helmet. You also believe that your vision and hearing are better without a helmet. Your state has just passed a helmet law, and you have already received two warnings.
What will you do? What if your child were riding on the motorcycle? Do you think
your position would be any different if you had any previous accidents and had been hurt?
Situation 2
You are asked to enforce a law that you believe to be wrong. In this situation, you are supposed to protect a member of the Ku Klux Klan during a speech when your feelings are contrary to the views expressed by this individual and you don’t believe that he should have the right to speak.
What would you do? What would you do if you were told to deliberately perform your job in such a way as to ensure that the speaker will be injured by a hostile crowd?
Situation 3
You are a district attorney prosecuting a burglary case. The defendant is willing to plead guilty in return for a entence of probation, and you believe that this is a fair punishment because your evidence may not support a conviction. However, the victims are upset and want to see the offender receive prison time. They insist that
you try the case.
What should you do?
Situation 4
You are a prosecutor with the unwelcome task of prosecuting a twelve-year-old for a particularly brutal assault. You personally believe that the child basically went along with his older brother in the assault, and you think that he should have been left in the juvenile system. However, the juvenile court judge waived him to the adult system, and the media and the victim’s family are demanding that he be tried as an adult. You have to decide whether to try him for attempted murder, assault, or some lesser crime. You could deny the waiver and send the case back to juvenile
court.
What will you do? How do you determine your duty? Is it to the victims, to society, or to your own conscience?
Situation 5
You are a juvenile prosecutor excited about the beginning of a new restorative justice program in your community. You truly believe that it will be a huge benefit for offenders and victims alike because it uses victim-offender mediation and circle sentencing in response to the juvenile’s crime. The problem is that in the first case that has been referred to the program, you believe that there is not enough evidence to justify prosecution.
There is no eyewitness to the burglary, and the offender has confessed, retracted, and then confessed again. You believe that the evidence is equivocal and that he could be guilty or innocent. It is too close to call. On the one hand, you cringe at the possibility that an innocent person is going to be considered guilty without due process. On the other hand, you believe that circle sentencing may result in needed intervention for this youth, for if he didn’t commit this burglary, he certainly has been involved in
other crimes.
What would you do?
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