Module 6 Case Study
Peters had previously committed theft and fraud. The court stated, “This is the person he is. He steals from his relatives. He steals from his business partner. He steals from immigrants. He steals from anybody he comes into contact with.” What does Peters’s conduct indicate about his ethics?
Ethics refers to moral values system that distinguishes behavior rules based on a groups’ or individual’s ideas on what is right and wrong. It is a moral principle that conduct an individual’s behavior or how a person performs a given activity(Erhard et al., 2017). Ethics is on the scale of whether a person has done a thing in the right way or the wrong way. Ethics is not a general term; it largely depends on the scenario of the subject in question. For instance, business ethics may not be the same as criminal justice ethics, and traditional ethics may be the same religious ethics. Therefore, in the case of Peters, the virtues of ethics on stealing should be considered to find out whether peters’ conduct was ethical or not.
The virtue of ethics on stealing, and ethical behavior
According to Aristotle, the virtue of ethics on stealing, and ethical behavior does not depend on the moral status of the person who has acted but rather the dispositions and character traits if the individual performing the actions. The virtuous character traits, according to Aristotle, include anger, fear, shamefulness, rashness, courage, righteousness, modesty and patience, and indignation(Moore, 2018). Therefore, people who participate in the act of stealing on the basis of courage, good perseverance, and righteousness will be considered as ethically moral. While people engaging in the act of stealing based on irascibility, shamefulness, and rashness are considered morally immoral. Precisely, an action can be viewed as either moral or immoral, depending on the viewer’s perspective.
Peters’s conduct speaks a lot about his ethics. Peters steals the money of the undocumented immigrant on the pretense that he would help obtain his status lawfully, something that he never did. Later, Peters threatens to detain or deport the victim together with his family if he dares the details of the security agents. Additionally, Peters has been engaging in other fraudulent activities like stealing from relatives and business partners. From his actions, Peters has issues with personal ethics, legal ethics, and business ethics. Peters has gone against the business ethical standard by stealing from a business partner. He has gone against his moral standard, threating the victim and stealing from relatives. Lastly, peters have gone against the legal, ethical norm by stealing from the victim in pretense.
Peters’s attorney argued that his client’s criminal history was partially due to “difficult personal times” caused by divorce, illness, and job loss. Despite this claim, Peters was sentenced to a forty-eight months imprisonment, which exceeded the federal sentencing guidelines but was less than the statutory maximum of twenty years. Was this sentence too harsh or too lenient? Discus
The sentence was too lenient
When you review substantive reasonableness on whether the imposed sentence by the district court achieved the sentencing purpose under § 3553(a). Kuhlman, 711 F.3d at 1327 or not, it is clear that the sentence went beyond the federal sentencing guidelines, thus raising eyebrows on whether the ruling was fair or too harsh(Cakmis, 2013). Usually, when a conviction by a district court is outside the guideline range, then the extent of the deviation and variance degree from the guideline range has to be considered.To validate the variance, the court must give a compelling reason that fully supports the variance degree in sentencing. The court must table down factors as to why such a decision if the reasons highlighted are proportional to the variance on sentencing.
There was a purported error in the decision made by the district court. However, there was a claim that the error only affected part of the court and not the entire arrangement, and therefore, there was no enough reason to variance in a sentence. It was also argued that Peter has stolen from various people without undergoing legal sanctions. Therefore, that was a reason enough for the court to make an unprecedented decision because his case was unique as well. A presentence investigation (PSI) also showed that Peters has stolen from many people, including brother and sister. In my view, these were reasons enough to sentence Peters to more years above 48 years’ months.
References
Cakmis, R. (2013). Federal Sentencing Guidelines. Mercer L. Rev., 65, 971.
Erhard, W. H., Jensen, M. C., &Zaffron, S. (2017). Integrity: A Positive Model that Incorporates the Normative Phenomena of Morality, Ethics, and Legality (Abbreviated Version). In Integrity in business and management (pp. 11-39). Routledge.
Moore, G. (2018). Organisations, character, virtue and the role of professional practices. In Cultivating Moral Character and Virtue in Professional Practice (pp. 110-123). Routledge.
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