Ethical Dilemmas vs. Ethical Issues

Ethical Dilemmas and Ethical Issues

Starting at page 11 In the first chapter of the class text, Banks (2013) addresses the difference between ethical dilemmas and ethical issues. I found reviewing the differences between the two to be useful early on in this class.  The topic then prompted me to explore the topic of ethical dilemmas, because that is what we as individuals generally have to deal with. Once you understand what issues are wholly within your decision making scope, then you can learn how to approach them - from a critical thinking perspective or an emotional, intuitive manner.

An ethical dilemma is defined as a personal decision, wholly contained within how a person decides a course of action in reaction to a situation.  On the other hand, an ethical issue involves public policy that is out of hands of most individuals, with the exception of empowered decision makers for certain issues, such as governors who can make decisions that affect public policy - in which case the issue is a dilemma for the governor.

While a person can be influenced by others, such as peer pressure within a group; an ethical dilemma still boils down to a personal decision. An example provided was for a prison guard to decide to stay quiet or not when a group of prison guards decided to physically assault an inmate in a pre-planned manner.   Staying quiet would be to acquiesce to what is criminal behavior while to disclose the plan would cause a rift with co-workers, the same co-workers who would have to assist if the objector found himself being assaulted by inmates.  If the decision is to prevent the assault by guards on the inmate, the sub-dilemma is to confront the guards themselves to tell them you cannot support their decision and report them if they don't cancel their plans, or make a report straight to higher management.  

An ethical issue by comparison, is a societal decision - for example should a state allow a capital punishment option or not.  As an individual, you can be active in promoting for or against a policy, but the decision is out of your hands (unless in this example you are a governor that can make a unilateral decision that halts capital punishment).  An ethical issue though could boil down to creating an ethical dilemma, i.e. a correctional guard who doesn't believe in capital punishment but works in a facility that executes those awarded capital punishment.  The dilemma is generally limited to whether to continue working in such a facility or not, it is not a decision to execute the sentenced individual or not, that decision is out of the hands of the correctional guard.

So as described by Banks (2013), ethical dilemmas are the things that every individual in the criminal justice system, and generally in all other professions and life situations, have to face.  It is best that ethical dilemmas be approached in an analytical, critical thinking manner, and not as an emotional response (Hare as cited in Banks, 2013).  Pawlukewicz and Ondrus (2013) listed six areas in public service in general  (not just criminal justice in particular) where ethical dilemmas arise.  Listed below are the six broad areas, and criminal justice relevant examples that I provided:

Gifts / Solicitations:  We've talked about this a lot in class - should a patrol officer accept free meals or coffee?   I personally think free coffee (you can only drink so much coffee) and accepting meal discounts (if it is the restaurant's policy for police and first responders) is fine.  Accepting any free gifts beyond that is a problem, and a police officer soliciting for gifts is always wrong.

 Confidentiality / Treatment Rights:  Confidentiality applies to just about all of personnel involved in criminal justice.  In the course of a case, a whole host of personal information is discovered about suspects,  victims, witnesses, and other parties.  Often this personal information is relevant, but it has to be handled, utilized, and shared  (discovery process) in a proper manner - and protected from improper use.   Regarding treatment rights, in the criminal justice field it generally relates to not withholding treatment as a leverage to perhaps influence an interrogation.

Safety:   While in custody or in confinement, criminal justice personnel have a responsibility for the safety of those in custody or confined.

Boundaries / Dual Relationships:   This involves improper relationships between criminal justice personnel and people they come across in their duties.  Examples would include officials demanding or accepting sexual activities to overlook criminal transgressions,  and developing personal relationships with victims.

Self-Awareness:  Pawlukewicz and Ondrus (2013) used this as a catch all category.  This involves a duty to consider personal ethics in all activities.  This involves having the inner voice to discern what actions cross and ethical boundary or could lead to that.  This also includes the criteria would my boss, wife, or kids approve of a response to a situation.

Duty to Warn:  In criminal justice, this often comes into play for defense attorneys  - when a client indicates occasions of child abuse or criminal plans that are still in the execution phase.

In conclusion, it is ethical dilemmas that individuals primarily face, and ethical issues are addressed by society.   A understanding of what is right and wrong, and awareness of any relevant policies in effect, guide individuals into what is the proper course of action.  Ethical dilemmas are best approached in an analytical manner, not in an emotional manner.

References

Banks, C. (2013). Criminal Justice Ethics: Theory and Practice (3d. ed.).  Thousand Oaks, CA:  SAGE Publications.

Pawlukewicz, J., & Ondrus, S. (2013). Ethical dilemmas: The use of applied scenarios in the helping professions. Journal Of Social Work Values & Ethics, 10(1), 2-12.