In a Dirty Harry Situation
In a Dirty Harry Situation, what to do and why:
A. A suspect in your custody has information that can prevent a crime of violence in your community that could lead to numerous deaths. After you read him or her Miranda rights s/he invokes a right to remain silent, do you walk away, or take the slippery slope that can lead to Abu Garib types of human violations?
B. A foreign suspected terrorist in your custody confesses to be part of an imminent terrorist attack by operatives of a foreign government. If you get the information that he or she says she or he has, you can stop the deployment of a WMD in your community that could lead to thousands of deaths. After you read him or her Miranda rights, he/s invokes a right to remain silent, do you walk away and wait for the court date next Tuesday, or do you take the slippery slope that can lead to Abu Garib types of human violations?
Please read the file TorturePaperProto that is an almost final draft of a paper of a prior excellent undergraduate student.
Explain for both scenarios which ethical theories you employ to make your decision.
Utilitarian, Ethics of Care, Rule of Law, Kohlberg, Gilligan, International Law as formed by the Hague, U and other bodies, Natural Law, etc.
Sample Solution
For both scenarios, the ethical theories employed would be utilitarianism, ethics of care and rule of law. Utilitarianism emphasizes that decisions should be made with a view to maximizing happiness or reducing suffering for all parties involved.
Deontology
For both scenarios, the ethical theories employed would be utilitarianism, ethics of care and rule of law. Utilitarianism emphasizes that decisions should be made with a view to maximizing happiness or reducing suffering for all parties involved. Thus, in both situations it is important that the decision-maker consider how their actions will affect everyone involved (suspects and civilians), not just those who are directly affected. This means considering whether arresting or interrogating suspects without following due process could lead to greater suffering than allowing the suspect to remain silent.
The ethics of care also applies in these cases as looking after the well-being of others is at its core. In this case, protecting innocent people from violence outweighs any potential harm done to a suspect through interrogation without due process.
Finally, both scenarios must take into account the rule of law as ethics depend on laws and regulations governing acceptable behavior in society. Any action taken against a suspect must comply with these rules, including reading them their Miranda rights where applicable and respecting their right to remain silent if invoked.