Social Work Stance on Ex and Sex Offenders and Megan Law - Research Paper Example

Ethics 1st Dec., Social Work Stance on ex-sex Offenders and Megan Law In 10 Steps. (Application of Decision- MakingProcess Structure.) Step 1. Description of the case and the context. 1. John is accused of date rape by a female friend 2. John is arrested and tried in court where he is sentenced to a jail term 3. John is released halfway through the trial when his friend writes a confession in a suicide note 4. John seeks to go back to doing his social work which he loves so much 5. John gets the job and his employers know of his past rape accusations and that the case was dropped 6. A relative of the client where John works runs a check on John and discovers that he had been accused of rape 7. The relative of the client whose name is Melinda comes to the facility and causes a huge scene before everybody screaming and accusing John of rape and informing all present that they were not safe with John. 8. This person goes ahead to sue the facility in a bid to fire john from his place of work. Step 2. Definition of the ethical problems in the above formulated case There are two main competing ethical issues at play in this scenario. The best interest of the people at the facility and the best interest of the falsely accused sexual offender who is trying to reintegrate back to life. Step3. Gathering information research on information drawn from each side needed to make a competent and ethical decision. Madeline who sued John had a father who was a sexual offender and this has caused her to despise men in general. She has an almost manic hatred of sexual offenders and has been arrested for verbally and physically assaulting those she perceives as having even the slightest intention of doing something even nearly inappropriate. John on the other hand had lived an exemplary life until the fateful day that he was accused of date rape by a friend of his who later recanted the whole story in a suicide note shortly before she killed herself. John was the victim of accusations by a patient with a history of suicide attempts and hallucinations. Step4. Determining the ethical theories and principles. Select one theory and a set of personal values to guide in reasoning. The ethical theory that would guide me in making decision in this case is the deontological theory of ethics. In making decision in this case, I would also be guided by the Kantian ethical principle that states that human beings must always be treated as ends, and not as means to some ends (Kant, 17); also, I would be guided by the ethical principle of presumption of innocence until proven guilty. Step5. Determining the relevant elements in NASW code of ethics that is applicable to the ethical dilemma in this case The following elements of the NASW code of ethics are relevant and applicable to the ethical dilemma in this case. 1. Dignity: NASW advises the social workers to behave in a trustworthy manner. 2. Social Justice: NASW advices the social workers to prevent and eliminate any form of discrimination among their colleagues. NASW holds that their members should not be discriminated against on any ground. 3. Dignity and worth of the person: NASW advocates for respect of the inherent dignity of the human person. 4. Importance of Human Relationships: NASW advices the social workers to recognize the central role of human relationships in their work. Step6. Defining personal values and biases, and an explanation of how my values and biases will impact on my perception of the ethical problem under consideration. The following are my values and biases that will impact on the ethical problem under consideration. Integrity: I strongly believe in the value of behaving a trustworthy manner, i.e. in a manner above reproach. This value would make me to be a bit suspicious of John. Although John’s friend finally recanted the evidence that she had given against John and exonerated him from blame, due to my high regard for dignity, I would be a bit suspicious of John; I would have the feeling that his character is questionable. Honesty: I am an honest person and I despise any form of dishonesty. Because of the value of honesty, I would honestly investigate the allegations made against John before making any judgement, or taking any action in the case. My high regard for honesty in dealing with my clients would, again, make me to be biased against John in this case. Respect: I normally have a very high respect for my colleagues, my clients, my client supporters, and the agency I work for. The respect for my clients’ supporters would make me to take their accusations against my colleague John seriously. My respect for my client’s supporter would make me to doubt the character of John even more. Step 7. Considering the values of the affected systems, including the client, the client supporters, and the agency, and the whole society, the following is what is enlightening in this case and advisement. In this case we learn that we should be very careful when judging people. It is indeed quite unfortunate that people like John have to end up suffering and paying for mistakes they never committed. The worst part about being labelled as a sexual offender is that a person is cut off from society and is treated as a social misfit and an undesirable, which can have negative impacts on a person. Job opportunities are also limited and social work that deals with minors is off-limits. For this reason, we should be very cautious when dealing with the allegations made against other people, and we should base our judgements on facts, and facts alone. From this case we learn that many innocent people are falsely accused and ultimately end up in jails. From this case we also learn that we should be sensitive to culture, the morals, and the values of the people we work with. Although John was eventually acquitted after the confession and released from prison, it wasn’t a wise decision, however, to reinstate him in his earlier social work job. This is because due to the John’s clients’ high sensitivity to sex related crimes, the people were bound to investigate and raise concerns about John’s suitability to the work that he was doing. This fact therefore shows that we should be very sensitive to the morals, the culture, and the values of the people that we work for. Step 8. Defining and Considering Options, five possible options for action. The following are the five possible options for action in this moral dilemma. The options are given using the cost-benefit framework. In this moral dilemma, one of the possible options is to sack John from the social organisation so as to save the image of the organisation and to make the organization’s clients and the whole community have confidence in the organisation. In terms of cost-benefit, therefore, this option makes a lot of sense because it will ensure that the organisation will retain its clients. This option, however, is unfair to John, considering that he has already been acquitted of the rape charges that had been falsely labelled against him. The second possible option in this moral dilemma is to retain John in his job at the expense of the organisation’s reputation. An analysis of this option in terms of cost-benefit, however, shows that this option is disadvantageous to the organisation. This is because retaining John in the organisation will make many clients of the organisation doubt the reputation of the organisation, thus failing to seek the services of the organisation in the future. This option, however, is in the best interest of John because it does not punish John wrongly for a crime that he has never committed. The third possible option is to suspend John from his job for some time, pending investigations that had been labelled against him. Given the fact that John had already been acquitted by court all the false charges that had been labelled against him, this option may not make a lot of sense to the people investigating him. But in terms of cost-benefit analysis, this option is quite beneficial to the organisation. This is because the option will make the clients of the organisation to feel that the organisation is treating their concerns with the seriousness that they deserve. This option, also, many not be against the rights of John because, although, he has already been cleared by the court, further investigation into his conduct does not amount to violation of his right. As long as he is not sacked but merely suspended for further investigations, John’s rights are not violated. The fourth possible option that could be adopted in this case is to transfer John to another area where he is not known. In terms of cost-benefit analysis, this option is quite beneficial. This is because this option will make the disgruntled clients to have confidence in the organisation, thinking that John has been sacked. This option, however, does not definitely solve the problem of John’s reputation. This is because another client in future may decide to investigate the conduct of John in relation to sex related crimes. The option, however, does not violate the rights of John. The fifth option that could be adopted in this case is to retain John in his job and to ask any member of the public who has issues his conduct to seek more information from the law enforcement agency. In this case, the management of the social work organisation should make it clear to the disgruntled members of the community that John was, indeed, accused of rape, but he was later cleared by a court after the person who had accused him confessed that she had lied. In terms of cost-benefit analysis, this option is advantageous to the social work organisation because the organisation would not lose the community’s confidence. This option also does not violate John’s rights. Step 9. The Option that maximizes benefit to all those who are involved in this case. In my view, among the possible five options that I have reviewed, the option that maximizes benefit for all the involved people in this case is the fifth option, i.e. retaining John in his job and making it clear to the disgruntled members of the community that John is indeed innocent. To the organisation, this option is advantageous because the organisation will not lose the confidence of the community; the disgruntled members of the public will be satisfied to know that John was cleared by the court. This option, also, will be advantageous to John because John will not be punished for a crime that he has never done. This option, also, will be advantageous to the clients and the whole community. This is because the clients and the whole community will be rest assured that John is not a sex offender. This option, therefore, is the option that maximizes benefits to all the parties involved. The fifth option, also, is perfectly in Line with the ethical theory and the ethical principles that guide me in making decision in this moral case. This is because, firstly, the fifth option is in line with the deontological theory of ethics. Deontological theory of ethics states we have a moral obligation to do our duties and to obey the laws that govern us. In this particular case, the law prohibits us from punishing John by sacking him for a crime that he has been acquitted for. The fifth decision, therefore, is perfectly in line with the deontological theory of ethics. The fifth option, also, is in line with the Kantian ethical principle that states that we should always treat human beings as ends in themselves, but never as means to some ends. In this particular case, sacking John for charges that have been proved false would amount to treating him as a mean maintain the reputation of the organisation. Retaining John in his position, therefore, is in line with the Kantian categorical imperative. Lastly, the fifth option is also in line with the ethical principle that requires that the accused be deemed innocent until proved guilty. The fifth option, therefore, is the best option in this moral conflict. Planning Implementation and Developing Plan for Implementation Before planning implementation and developing plan for implementation, it is important to look at how such issues are dealt with in other jurisdictions, and the views of different scholars on such issues. In other counties such as Canada, approximately 75 percent offset- offenders in the federal correctional institutions in Canada have employment needs and this puts them in a frustrating place because they have to declare their statuses as sex offenders which lowers their chances of getting employment (Montauk, 1997; Gillis and Andrews, 2005).The offenders that are released from confinement find complex challenges when it comes to securing employment. They suffer from factors like as low self-esteem and low motivation. Many have skills deficit and lack of training and therefore cannot find meaningful employment. Some of them suffer from mental illness and or substance abuse problems which were what led them to acts of violence and sexual offence in the first place but have no access to medical intervention due to lack of medical cover. Many of the sex-offenders have broken ties with friends, family, and find that they do not have stable accommodation. Then there are the social factors that affect them like as negative peer influence, which can trigger repeat offences. In the very important and much needed absence of family support and added lack of employment frustration builds up and record show that most relive a self-fulfilling prophets and become what society has branded them to become-sex-offenders and monsters.(Fisher, et al., 2005; Rakes, 2005; Graff am, et al., 2004). The ability to get legal employment is the best thing that could happen to a sex-offender that is trying to reintegrate back into society. It is the best predictors of the post-release success of ex-prisoners (Visher, 2006) and the best indicator of rehabilitating ex-prisoners. (Fisher, Winter field, and Coggeshall, 2005).Most importantly, sex-offenders themselves who have been successfully been rehabilitated into society without any relapses have identified employment as the most important key factor in post-release success (Burke, 1997) and reintegration of sex-offenders in many states.(Burke, 1997). The existing research’s findings prove that ex-prisoners who secure a legitimate job have the highest chances at reintegration and rehabilitation particularly those who get higher-quality positions. Those ex-offenders without legitimate job opportunities are most likely to fall into less desirable livelihoods and most likely less legitimate ones. The importance of securing legitimate “jobs” has been explained with the application of social control theory, which posits that work operates as an informal mechanism of social control” (Sampson, 1997.)Those who get employment the legal way work hard to maintain a legal status and prove to be upstanding citizens The currently licensure for all practicing medics is very restrictive for those who aspire to treat or evaluate sexual offenders in California. The State licensing boards have established a minimum academic and experience requirements for those hoping to obtain a license “as a psychiatrist, psychologist, social worker, or marriage & family therapist. These requirements do not directly address sub-specialties such as work with sexual offenders.”(Finn, 2002). From this research, we find that sex-offenders find it particularly difficult to reintegrate into the society after they have been convicted of sex offences. For this reason, the accusations of sex offences requires to be taken investigated with utmost dedication to ensure that no one is falsely convicted of sex offences. A plan for implementing punishment for the offenders of sex related crimes, theretofore, need to take into consideration a number of factors. To begin with, such a plan should consider the quality of life for the offenders. Although sex offences are grievous crimes, the plan for punishing and correcting sex offenders need to take into consideration the quality of life for the offenders. This, therefore, means that the plan should ensure that the offenders will be assisted to reform and to live a good after the rehabilitation. Secondly, such a plan need to ensure that there is fairness in dealing with the issues of sex offences. As we have just seen, the names of many innocent people are in the law enforcement agency’s list of sex offenders. This fact, therefore, shows that there is a need to do thorough investigations of sex related crimes. Thirdly, any program or plan for dealing with the sex offenders should be in line with the law. Those accused of sex offences should be considered innocent until their charges are proved, beyond any reasonable doubt, that they were indeed involved in the crimes. Work Cited Kant, I. Groundwork for the Metaphysics of Morals. (Wood, A. trans.).London: Yale University Press, 2002. Meganslaw. Web: http://www.meganslaw.ca.gov/homepage.aspx?lang=english Read More