Punitive Justice and the Case for Compassion Case Study

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Ethical Dilemmas: Case Study1 The JudgeThe situation in this case is that Woodrow Wilson is in need of mental health care and his actions are caused by acute addiction and associated mental illness. He may receive the care he needs if he is given a lighter sentence and sent to county jail, but the business community wants the maximum sentence, which would mean state lockup and no mental health assistance. From a punitive justice standpoint, it makes sense that Wilson be given the maximum sentence to satisfy the business community. However, from a humane perspective it is obvious that Wilson needs mental health care, which he will not receive if sent to state imprisonment. The judge can pacify the business community and potentially secure his seating (if he is elected and depends on the community for votes) by sentencing Wilson to the maximum per guidelines. However, from a humane perspective, the judge would do the right thing by Wilson by sending him to county jail and making sure he gets mental health help.The judge should act from the standpoint of virtue ethics, which focuses on doing the right thing that will build a person’s character based on universal virtues. In many cases, it is shown that crime is often a mental health problem and that the underlying issues too often go unaddressed. To stop the cycle of crime and address the root causes, mental health has to be addressed. This should not be a matter of thinking about his standing with the business community. He is there to preside over each case and assess what needs to be done. For Wilson, helping him to deal with his issues would be the best thing for him and it would show good character on the part of the judge.Also from a utilitarian standpoint, it would be the best thing for the common good of society. If criminals are just locked up for a few years and their mental health issues are not treated, nothing is really solved. The judge would simply be putting a temporary band-aid on the issue. He has a responsibility to do what is in the best interests of the community, and that means in this case focusing on what can be done to prevent this type of behavior from Wilson from occurring again in the future. There is ample evidence to show that the incarcerated need mental health help (Vogel, Stephens & Siebels, 2014). The judge should consider that when making his decision.The consequence for the judge of giving Wilson the lighter sentence but ensuring he gets mental health care would be that the business community turns against the judge and he possibly loses his seat come re-election. However, for Wilson it would mean potentially getting the care he needs and breaking his addiction.The consequence of giving Wilson the maximum sentence and sending him to state would mean that the business community would support the judge come re-election.

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However, Wilson would not receive any mental health care and the likelihood of recidivism would remain.The judge should send Wilson to county so that he can receive mental health care and receive treatment for his acute addiction and mental illness issues. The ethical basis for this decision can actually be seated in virtue ethics, duty ethics, and utilitarianism. The basis for acting thus from a virtue ethics perspective is that it would facilitate the development of both Wilson’s and the judge’s character. Wilson would potentially get help dealing with his addiction issues that are causing him to commit crime; the judge would be compassionate in treating the case in this…

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…could maybe get around the fact. It is deception that will make superiors question the moral quality of their officer. It is the act of deception that is more likely to get the new officer fired than anything else.For the officer, the best course of action is to admit his mistake and see what he should do going forward. This will be a good test of his character. He has messed up, he may be punished, but is he going to hold himself accountable? Or is he going to try to lie about it and see if he can get away with it without having his mistake made known? It is a question of character at bottom, which is why virtue ethics system applies in this particular case.This connects to the idea that all ethics are really about character. What matters in any given situation is whether one is acting rightly or wrongly based on universal values that all can agree upon. Honesty is always valued universally more than deception. If a person deceives another and gets away with it, some might see him as shrewd but most objective people will call him lucky and will wait the day when his lies begin to catch up with him.Superiors are going to be more concerned about having honest police officers on the street than they are going to be concerned about honest mistakes that rookie cops might make. Those are teachable moments. Lying and trying to cover up a mistake is a bigger offense in the eyes of a superior because it shows a lack of maturity and a lack of character. Superiors want to know that they can trust the character of their officers. That is why it is in the officer’s best interest to own up to mistakes immediately he….....

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