Crime and Ethical Standards - Assignment Example

? Crime and Ethical Standards I. Case Background A high end retailer reported that a woman left the store without paying for items she selected while shopping in the Misses Clothing Department. When Officer Marconi responded, he noticed a woman matching her description walking along the side of the road carrying what appeared to be clothing which he recognized as Mary Jones. Mary Jones had been arrested several times before for public drunkenness, resisting arrest, possession of a controlled substance, felony larceny, and prostitution. The charge that can be lodged against Mary Jones is defined by San Diego Criminal Attorney’s office differentiated as it misdemeanor from felony as “crimes punishable by up to one year in local, county jail. Additionally, fines up to $1,000 can be ordered by the court. The most common types of misdemeanor offenses are D.U.I., petty theft, simple drug possession, and most domestic violence. While jail is a distinct possibility, other more likely outcomes can include counseling and/or work service” (2007).  Shoplifting or getting clothes from a store without paying as what Mary Jane did falls under this category. How might societal factors have influenced this suspect's crimes? Judging from the available facts stated in the case, Mary Jones may also be a victim of circumstances and in fact, she may not be in full control of her faculties when she allegedly enter the store and shoplift. This was made clear to Officer Marconi when he interviewed her recognizing she was under the influence of drugs that he had to discontinue the and requested emergency medical services. It would also be difficult to state with certainty what led to her present state of being disheveled dirty and drug dependent. One can only speculate that societal factors such as personal problems may have driven her to alcohol and drug abuse and to finance her dependency, she resorted to prostitution and larceny. II. How the purpose of government and the social contract might protect the rights (e.g., safety and security) of the suspect in this case. Mary Jones is not only a suspect but also a victim as well and the government’s social contract principle can hold this thesis. As a suspect, she is entitled to the regular due process and representation of a legal counsel in case charges will be pressed against her as provided in the Constitution. This will provide the opportunity to contest the larceny charge to misdemeanor because shoplifting can be considered as petty theft and therefore would fall under the category of misdemeanor. This would help her because in the state of California, misdemeanor charges may have the outcome of rehabilitating her through therapy and other professional help. In addition, the social burden of felony of having difficulty finding a job once charged will also be avoided thus not totally shutting down the opportunities for Mary Jones to lead a new life. Abiding by the social contract theory principle, she would also be considered as a victim considering her present state which could be considered as a “broken woman” and therefore would need more than due process and legal counsel as expressed in Rawl’s theory of justice as a pretext of a social contract. Rawl’s theory of justice as a social contract states that society has an obligation to help other members of society who are in need and clearly (Stanford Encyclopedia of Philosophy nd), Mary Jones needs help. Incarcerating will not help her but will only aggravate her situation. She needs reformatory institution such as rehabilitation center more than the prison and this is a probable outcome for people who committed misdemeanors in the state of California (San Diego Criminal Attorney, 2007). III. Compare the various roles Officer Marconi must play in this case. Officer Marconi must go beyond the role of traditional role of law enforcement which is policing the community. In the case of Mary Jones, he must also play the role of psychologist and to a certain extent as a friend by understanding and assessing her situation. Relying on one role as police officer would not be responsive because it might make him more aggressive also when Mary Jones run at the sight of him taking it as resisting arrest and would not really help the situation. IV. Analyze how a law enforcement officer's actions might be influenced if he or she is arresting an "unsympathetic suspect or victim The officer’s action may already be “framed” based on previous experience on dealing with the suspect. In the case of Officer Marconi, he already anticipated that Mary Jones will run at the sight of him and that she will later be aggressive with him which turned out to be right. In a way this could be good because this will prepare the Officer with what to expect with the suspect. V. Conclusion Maintaining ethical standards while enforcing the law and especially while dealing with various kind of people can be difficult. It requires a sharp assessment and delicate balancing act to come up with the sound judgment on how to deal with a suspect. In the case of Officer Marconi, he subscribed more to Rawl’s theory of justice in dealing with Mary Jones than being solely a policeman. When it was made clear to him that the suspect was not in her right frame of mind, he called for professional medical help instead of incarcerating her. The decision was correct, knowing that sending her in prison will only aggravate her situation. In addition, charging her with felony would burden Mary Jones if she will later change her ways because people who are charged with felony will have difficulty getting jobs (Shouse Law Group, 2012) while charging her with misdemeanor may have the outcome of sending her to therapies and other professional help which could help her rehabilitate herself. References San Diego Criminal Attorney (2007). Felony vs. Misdemeanors.Retrieved from http://www.sandiegocrimedefense.com/felony-misdemeanor-charges.html Stanford Encyclopedia of Philosophy (nd). John Rawls. Retrieved from http://plato.stanford.edu/entries/rawls/ Shouse Law Group (2012). Reducing Felony Convictions to Misdemeanors: Penal Code 17(b) PC. Retrieved from http://www.shouselaw.com/reducing-felony-to-misdmeanor.html Read More