AN ETHICAL DILEMMA
Ethical Dilemmas '' Situation 1
Abstract
This ethical dilemma concerns a case where the prosecutor at his first trial perceives a case of clear bias on the part of the judge. He noticed that the judge was overtly biased when dealing with the defendant’s attorney and much more amiable and positive when dealing with the prosecutor. This makes the prosecutor wonder if the judge was being prejudiced against the defendant or this was his normal behaviour.
The ethical dilemma faced during this trial concerns the judge doing what is right under the law as opposed to behaving based on personal belief and feelings. As shown in the case; the judge is seriously biased against the defendant or the defendant attorney in the way he scowls and makes disparaging remarks about and to the defense attorney as opposed to shaking his head affirmatively to the prosecutor’s remarks. The Judge seems to be letting personal bias affect his behaviour in this case. His behaviour may be explained using Kohlberg’s moral stages (Kohlberg, 1983; Power and Kohlberg, 1980). According to Kohlberg at stage six of the conventional level people are primarily concerned with law and order orientation. The judge seems to be focused on the position where the defendant has broken society’s laws and feels moral outrage and a need to see justice being served. The judge may be predisposed to believe that the defender has done a wrong to society and should be punished. The judge is male and Biological theorists also states that women shows more empathy and care consideration (Carol Gilligan, 1982, 1987). Despite his personal feelings, the judge needs to listen objectively to the case and make a judgement based on evidence presented. Also, according to the learning theory, children learn what they are taught including morals and values and this may have a direct effect of the defendant’s decision to commit the crime, albeit this action contravenes society’s laws. The judge’s...