One of the problems of the utilitarian theory is that it is hedonistic and ignores individual rights (Sandel, 2009). Utilitarians will often look at the ‘big picture’ to determine the course of action that should be taken. If the decision is made in favor of the happiness of the greatest number of people, then what happens to those who are in the minority group? One example is the death of 6 months old Isis Charm Vas who was thought to be murdered by her babysitter, Ernie Lopez in 2011. Medical examiners failed to take into consideration that the child might be suffering from a rare blood disease. It is often found that in cases concerning the death of children, the law is quick to convict a person just to close the case as it impacts the society emotionally. Similarly, William Dillon served 27 years in prison for murder before he was exonerated from the crime he did not commit. It is not unusual for the law to convict innocent people just to provide closure for the family of the victims and also to give a sense of satisfaction or justice to the society. Society will naturally demand justice for these murders, thus putting pressure on the law to act quickly and often, make costly mistakes on behalf of innocents in the process. These people might sometimes be considered as ‘scapegoats’.
Based on these cases, a utilitarian might argue that in general, it might bring a greater good to the vast majority if such criminal cases were brought to a closure, no matter if the person is truly innocent or not.