May 13, 2013
In the 1979 film “And Justice For All”, Al Pacino plays the role of Arthur Kirkland, a white, middle-aged, criminal defense attorney in Baltimore, Maryland. The film’s title is somewhat of a misnomer as the movie unveils discrimination, corruption and oppression in our legal system. There are many themes relevant to social work which are skillfully woven into the fabric of the movie. Arthur Kirkland’s compassion and understanding of the client’s he represents, in many ways demonstrates practice principles of social work with oppressed and vulnerable people expressed in the Code of Ethics of the National Association of Social Workers (NASW) . The NASW Code of Ethics provides the framework for a social workers’ professional behavior. One of the primary objectives of the social work profession is to help people in need, with particular attention given to the needs of those who are vulnerable (NASW, 2008). Aligned with this objective is the ethical principle that “social workers respect the inherent dignity and worth of the person" (p.5). Throughout the film, Arthur Kirkland consistently demonstrates sensitivity in dealings with oppressed and vulnerable clients. For example, he shows respect, compassion and understanding in his dealings with a black, trans-gendered male, Agee, who has been convicted as an accomplice in a petty larceny case. Arthur helps the audience see that beneath the distraction of Agee’s make-up and wigs, he is simply a sensitive and kind person, deserving of respect. It also helped to shed light on how stereotypes can cause many people to make false judgments about people. Similarly, Arthur confronts a colleague who refers to less affluent clients as “nickel and dime” and their cause as “penny ante bullshit cases”. In a particularly passionate scene following Agee’s suicide, Arthur pleads with his colleague to care, and tearfully explains “They 're people Warren, you know? They 're people.”
This film also helps illustrate ethical dilemmas that are relevant to both the helping professions of law and social work, including client confidentiality. The NASW Code of Ethics provides social workers with broad guidelines rather than clear-cut answers to ethical dilemmas. Therefore, decisions as to what to do are not easily arrived at. An ethical dilemma arises when principles, values and legal duties conflict (Cournoyer, 2011). A particularly difficult yet not uncommon situation can arise in cases where maintaining client confidentiality is in conflict with one’s moral values. Such is the case in “And Justice For All". Arthur’s client is a prominent and loathsome judge who has been accused of beating and raping a young woman. Arthur became aware of his client’s guilt through photographs and the judge’s own smug admission. The judge makes it clear that he feels he is above the law. It is Arthur’s duty to maintain client confidentiality, but he is torn. He is obligated to defend his client to the best of his ability and maintain confidentiality, but at the same time he feels the judges act was morally reprehensible. Although Arthur is aware of the consequences of disclosure, he ultimately decides to reveal the judges’ admission of guilt in a dramatic courtroom scene that concludes the movie. Arthur knowingly and willingly faces disbarment, but appears satisfied with the choice he made. In fiction, such decisions hold no actual consequence. However, in reality, ethical dilemmas require considerable examination. Cournoyer (2011) highlights motives, means, ends and effects as things to consider when faced with a moral/ethical dilemma: “Explore your own motives, examine the means by which you plan to address the issues and implement the decision, assess the ends you envision, and identify the probable effects of your proposed actions.” (p. 154). The NASW Code of Ethics (2008) instructs social workers to act responsibly, and in a manner that is consistent with the the values, principles and standards of the Code. It also advises that social workers confer with others, including supervisors, legal counsel and regulatory bodies, as well as examining the relevant literature.
References
Cournoyer, B. (2011). The Social Work Skills Workbook. (6th ed.). Belmont, CA: Brooks/Cole. ISBN-13: 978-0-8400-3280-5.
National Association of Social Workers. (2008). Code of ethics of the National Association of Social Workers. Washington, DC. NASW Press.
References: Cournoyer, B. (2011). The Social Work Skills Workbook. (6th ed.). Belmont, CA: Brooks/Cole. ISBN-13: 978-0-8400-3280-5. National Association of Social Workers. (2008). Code of ethics of the National Association of Social Workers. Washington, DC. NASW Press.
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