Ethical Dilemma

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Stephen Shoup
Professor Maloney
Policy, Professionalism & Ethics
October 1, 2012
Ethical Dilemmas Chapter 8
Situation 4
In this situation if the I was the prosecutor I would waive the juvenile back to juvenile court. Also, I would charge the individual in the juvenile court with assault, not murder. The 12 year old committed the crime with his older brother and should not be fully liable for the actions that took place. I feel like maybe I am acting on my own conscious, but a 12 year old boy who did not even commit murder should not be tried as an adult and have his whole life taken away from him for not really understanding the consequences beforehand.

Some facts in this situation would be that I am the prosecutor and there is a 12 year old boy who committed some type of violent offense with his brother. The media, the juvenile judge and the victim’s family all want the boy charged as an adult. Also, I must determine whether the boy should be charged for attempted murder, assault or some lesser crime. It is my duty to do what is just for the victim’s family and so that society feels justice has been served, but I can’t help, but feel for the boy and what he is going through. I have friendships with the juvenile judge, but I do not agree with his decision to move the juvenile to adult court when he probably was just doing what his older brother was telling him to do. I am loyal to the court system and it is my job to be honest in making a rational decision.

A moral dilemma is created by this notion of whether I should try the individual as an adult or juvenile and also I must determine which crime is suitable for the boy’s actions. Moral dilemmas are usually created by someone else’s actions. The most immediate ethical issue facing the individual is whether to prosecute the 12 year old boy in a juvenile or adult court.

The utilitarian approach says that the boy should be tried as an adult in this situation because all other members involved...
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