Court Reflection
Court Reflection
On the 5th of May 2011 a 42 year old male faced the Brisbane Magistrates court for prosecution. His name and other identifying details will be withheld for privacy reasons. The accused was charged with the following offences: one count of knowingly participating in provisions of prostitution under s 229H of the Criminal Code 1899 (Qld), one count of an indecent act - namely masturbation under s 227(1)(b) of the Criminal Code 1899 (Qld), and three summary offences for breeches of the Child Protection (offender reporting) Act 2004 (Qld) ss 16(1)(f)-(h). The case was open to the general public and personal details pertaining to the accused, including his criminal history, were mentioned. Furthermore a psychological report was supplied as evidence and its findings were openly discussed in the court room. The Judge ruled that the accused be sentenced to two years’ probation for his breeches of the Criminal Code 1899 (Qld), that his psychological report be forwarded to his current counsellor, and that he pay a total of $300.00 for his breeches of the Child Protection (offender reporting) Act 2004 (Qld).
Two key ethical issues arose from this case. They fall under general principle A: Respect for the rights and dignity of people and peoples and are outlined in section A.2. Respect, and A.5. Confidentiality in the Code of Ethics (2007). To aid in the flow of this court reflection each ethical issue will be discussed in turn. The Ethical principle of respect is demonstrated through acknowledging peoples legal and moral rights, their dignity, and their right to participate in decisions affecting their lives (Code of Ethics, 2007). Section A.2.1(a) of the Code of Ethics (2007) states that respects should be communicated through actions and language. Furthermore the Kantian school of thought (1785; 1964) suggests that people have conscious desires and intrinsic goals and are therefore free rational creatures. This philosophy proposes that to be a person is
On the 5th of May 2011 a 42 year old male faced the Brisbane Magistrates court for prosecution. His name and other identifying details will be withheld for privacy reasons. The accused was charged with the following offences: one count of knowingly participating in provisions of prostitution under s 229H of the Criminal Code 1899 (Qld), one count of an indecent act - namely masturbation under s 227(1)(b) of the Criminal Code 1899 (Qld), and three summary offences for breeches of the Child Protection (offender reporting) Act 2004 (Qld) ss 16(1)(f)-(h). The case was open to the general public and personal details pertaining to the accused, including his criminal history, were mentioned. Furthermore a psychological report was supplied as evidence and its findings were openly discussed in the court room. The Judge ruled that the accused be sentenced to two years’ probation for his breeches of the Criminal Code 1899 (Qld), that his psychological report be forwarded to his current counsellor, and that he pay a total of $300.00 for his breeches of the Child Protection (offender reporting) Act 2004 (Qld).
Two key ethical issues arose from this case. They fall under general principle A: Respect for the rights and dignity of people and peoples and are outlined in section A.2. Respect, and A.5. Confidentiality in the Code of Ethics (2007). To aid in the flow of this court reflection each ethical issue will be discussed in turn. The Ethical principle of respect is demonstrated through acknowledging peoples legal and moral rights, their dignity, and their right to participate in decisions affecting their lives (Code of Ethics, 2007). Section A.2.1(a) of the Code of Ethics (2007) states that respects should be communicated through actions and language. Furthermore the Kantian school of thought (1785; 1964) suggests that people have conscious desires and intrinsic goals and are therefore free rational creatures. This philosophy proposes that to be a person is
References: Allan, A., & Love, A. W. (2010). Ethical practice in psychology: Reflections from the creators of the APS Code of Ethics. Chichester, UK: John Wiley & Sons. Australian Psychological Society. (2007). Code of ethics. Melbourne, Vic: Author. Child Protection (Offender Reporting) Act, 2C § 16(1)(f)-(h) (2004). Chisholm, R., & Nettheim, G. (2007). Understanding law (7th ed.). Australia: LexisNexis Criminal Code Act, 8A § 227(1)(b) (1899). Criminal Code Act, 8A § 229H (1899). Duncan, T. B., Jabine, V., De Wolf, A. (1993). Private lives and public policies. Washington, D.C: National Academy Press. Gunning, J., & Holm, S. (2005). Ethics, law, and society (4th ed.). England: Ashgate Pty Ltd. Kane, R. (1996). Through the Moral Maze: Searching for Absolute Values in a PluralisticWorld. Armonk, NY: North Castle Books.