Essay Homework I
Introduction
In your reading, you learned that there is man-made law and natural law. Next week you'll read about punishment and its proposed purpose(s). In this homework, you're asked to evaluate the letter of the law vs. the spirit of the law in terms of whether someone is guilty of a crime and/or whether they should be punished. In addition, you're asked to evaluate the ethical dilemma using a methodical process that will help you critically think through, resolve, and defend your decision on what to do. You're just starting to see, hopefully, that ethical dilemmas aren't always easy to resolve, and that's precisely why they're dilemmas! (If you like the challenge of thinking this dilemma through and are interested in something similar, read "The Merchant of Venice" by William Shakespeare. It has a similar theme and is written by one of the greatest play writes of all time!)
Activity Instructions
Mercy Killing
You are selected for a jury trial of a 64-year-old mother who killed her two adult sons. The two men had Huntington's disease, a degenerative brain disease, and were institutionalized. They were certain to die and would endure much pain and suffering before they expired. The defendant's husband had died from this same disease, and she had nursed him throughout his illness until his death.
The defendant took a gun into the nursing home, kissed her sons good-bye, and then shot them both through the head. She was arrested for first-degree murder. The prosecutor informs you that there is not "mercy killing" defense in the law as it is written.
If you were on the jury, how would you decide this case? What punishment does she deserve? Why?
Essay Homework II
Introduction
In the homework I, I suggested you might enjoy reading "The Merchant of Venice". The homework this week is similar to another great literary work; Victor Hugo's "Les Miserables". Would you punish a kid who steals food to feed himself and his family? This homework tests the boundaries of justice vs. compassion. What do you think Kohlberg and Gilligan would say should be done here? More importantly, what do you think is the right thing to do?
Activity Instructions
Recommendations to the Judge
You are a probation officer who must prepare sentencing recommendation reports for the judge. The juvenile defendant to be sentenced in one case grew up in a desperately poor family, according to school records. He had a part-time job in a local grocery store, stocking the shelves and providing general cleanup. The store owner caught him stealing meat. Actually, this is the second time he has been caught stealing food. The first time he shoplifted at the store, the deferred adjudication included his commitment to work for the store owner. He explained that he was just trying to help his mother, who could not provide enough food for his family. In general, failure to succeed at deferred adjudication results in a commitment to a juvenile facility.
What would you recommend to the judge?
Essay Homework III
Introduction
Just because you have the power to use force against people, perhaps even lawfully, does that mean that ethically you should? This homework asks you to assess use of force against a vulnerable and powerless person. It's similar in concept to "Black Lives Matter" in that participants of the movement argue that deadly force is being used unnecessarily against a vulnerable and powerless class of people. When you have power, how will you use it in dealing with the public?
Activity Instructions
Taser
Research Tasers and evaluate their use as a mechanism for exerting force. Are they safer for the victim than other weapons? Are they safer for the officer? What are the boundaries for using a Taser?
Knowing what you know now through your research. Consider the following dilemma.
You have stopped a 72-year-old woman for speeding. She is argumentative and refuses to sign the ticket. She ignores your command to move away from the highway and tries to get back into her vehicle. You attempt to push her to the side of the road away from traffic, but she continues toward her car.
Should you use your Taser?
Essay Homework IV
Introduction
In Discussion, you probably argued with classmates concerning the limits of government power in relation to individual rights and autonomy. Now, you get the chance to take a stance on paternalistic laws and give your opinion. But, be careful. As you address the several moral vice/paternalistic laws, is your position consistent? If there are differences in your positions, why do you suppose you support some, but not other such laws?
Activity Instructions
Legitimate Functions of Law in Society
Do you agree with laws that prohibit gambling? Drinking while driving? Underage drinking? Prostitution? Liquor violations? Drugs? Helmet laws for bicycles or motorcycles? Leash laws? Seat belt laws? Smoking in public places?
Analyze pornography, prostitution, and drug use under the ethical systems discussed.
What other laws have limited Americans' (or certain groups') freedoms?
Can they be justified under any ethical rationale?
Essay Homework V
Introduction
This homework delves into the meaning and need for confidentiality. Is it important in life, in general, to be able to confide in others and trust that that confidence is kept? Is there a prevailing reason why we don't want our doctor's talking about our medical problems to others in public? Would you want your accountant to talk all over town about how much (or little!) money you have? What about your spouse? What happens to personal, intimate, relationships when others betray us? Now, let's move into the criminal justice realm; why is it so important that confidentiality between an attorney and client exist? Are there overriding policy concerns where maintaining that relationship must be breached?
Activity Instructions
Attorney-Client Privilege
Research and explain attorney-client privilege. Apply this knowledge to the following case study:
You are defending a client whom you believe is guilty of the brutal rape and murder of a young girl. He has not admitted the crime to you, but he has not denied it either, and the physical and circumstantial evidence is overwhelming. One day your client tells you confidentially that another man is in prison for a similar rape and murder that your client committed ten years earlier. You check and find out that, indeed, there is a person by that name who was convicted and is, in fact, facing execution for the crime.
What do you do?
What would you do if the other man is not facing execution but a 40-year prison sentence?
Content Requirements: Each homework must cover the following four requirements fully.
1) Ethical Dilemma. State what the primary and ancillary ethical dilemmas are as presented by the Case Study. Do not restate the facts of the case.
2) Present a resolution of the case study. State specifically WHAT you're going to do and WHY you're doing what you're doing to resolve the ethical dilemma. Be very specific and detailed.
3) Identify which ethical system(s) support your resolution. Look to Chapter 2 of the Pollock textbook to identify the list of ethical systems to be used.
4) Integrate any material/concepts learned in the course that are applicable to the case study and/or your resolution. Show specifically how the material/content applies. Be sure to cite your resources/textbook prope
Format your homework according to the following formatting requirements:
(1) The answer should be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides.
(2) The response also includes a cover page containing the title of the homework, the student's name, the course title, and the date. The cover page is not included in the required page length.
(3) Also include a reference page. The Citations and references should follow APA format. The reference page is not included in the required page length.