Response to Latrell Cabrigas
Lattrell is right when he says that before making a decision concerning a juvenile defendant as to whether or not to confine them to a detention facility, it is important to do a background search on their family. The only way a probation officer and social worker can understand the reason why the juvenile engaged in a criminal activity is by monitoring his social environment and interviewing his family members to ascertain his behavior. Using moral judgment as a principle of ethical decision making in criminal justice system, the best interest of the juvenile defendant would be served not by sending them to a detention facility, but by unearthing what led them to commit the crime and trying to help them out of it.
Thus, it is a good recommendation by Cabregas that assisting the family financially to cater for their needs would ensure for example that the minor does not engage in crime and delinquency since poverty is one of the factors that push the youth to delinquency. However, it not is true that ethical formalism as an ethical theory fits this situation since according to this theory; moral judgment is defined in terms of universal prescriptions and laid down laws other than the actions that best promote the well-being of others. Thus, based on this theory, it would be best if the law on juvenile justice was strictly followed and the juvenile sent to a detention facility. I think the best ethical theory for this situation should be utilitarianism.
Response to Cory Hoad
It is true as Cory succinctly puts it, that stealing is a morally and legally reprehensible behavior that deserves to be punished particularly when repeatedly committed in order to deter such behavior in future. Thus, repeat offenders should receive heavier punishment than first time offenders both from a legal and moral or ethical standpoint. However, as the writer notes, it is important to take into account the reason why the juvenile committed the offense and whether or not the commission resulted in harm to others. In this situation, the juvenile offender stole from the store with the intention of providing from his family and never harmed anyone in the process hence morally; his punishment should be lenient or less severe. Also, the amount allegedly stolen is not so much as to warrant long term confinement. According to Pollock, in making criminal justice decisions, one has to apply ethical system consisting of ethics of care and moral judgment in balancing the three components of the ethical pyramid which are intent, means and ends (340).
Therefore, it would be prudent for a criminal justice professional such a judge when making a sentencing decision for the juvenile to take all these factors into account and also strike a fine balance between moral or ethical and legal senses involved in this situation. The juvenile’s family background should be a significant factor to be taken into account and he should be helped to acquire a job so he can provide for his family using a legitimate means. Thus, as Hoad recommends, the best the judge can do is to sentence him for days in a juvenile facility with a probationary period of 6 months. This would ensure that he reforms and that his movements are closely monitored by the probation officer throughout the rehab process.
Works Cited
Pollock, Joycelyn M. "The ethics of punishment and corrections." Pollock, Joycelyn M. Ethical dilemmas and decisons in criminal justice. Belmont, CA: WAORDSWORTH CENGAGE Learning, 2013. 318-349. Print.
