1. What is the ethical issue or problem? Identify the issue succinctly.
The moral agent is the probation officer. Because he knows that incapacitation in a jail cell may unduly and unconstitutionally render cruel and unusual punishment due to the husband’s military experience and PTSD, the probation officer must decide which punishment to recommend. Since this contrasts the usual 90 days minimum, therein lays the dilemma. What are the most important facts? Which facts have the most bearing on the ethical decision presented? Include any important potential economic, social, or political pressures, and exclude inconsequential facts.
Ethically, the probation officer must serve the needs of the people for justice. The proba-tion officer is subject to politics and the politics of power. Therefore, suggesting distributive justice and alternate sentence to the minimum 90 day one might prove politically and/or socially unpopular. While the expenses of such recommendations might be lesser than time in jail, the societal costs could be greater if the husband suffers another PTSD episode and/or drunk driving episode. It the moral agent does nothing, then long-term harm to the offender and society could result. Identify each claimant (key actor) who has an interest in the outcome of this ethical issue. From the perspective of the moral agent—the individual contemplating an ethical course of action—what obligation is owed to the claimant? Why?
Claimant
(key actor) Obligation (owed to the claimant) Perspective (What does the claimant hope will happen?)
The hus-band/offender Beneficence, non-injury The husband hopes the probation officer will consider his military service and POW experience, as well as the PTSD. Accordingly, the husband hopes the probation officer recommends treatment and probation or some form of community corrections.
The wife Non-injury, beneficence and justice The wife would prefer the moral agent make the