As we examine the case of “Cop Gets 15 Years in Torture Case”, we evaluate from four different perspectives the different ethical theories; ethical relativism, ethical egoism, deontological ethics and ontological ethics to determine how the different perspectives support or condemn the conduct in this case study. The case involves the brutal sodomizing of a black male Haitian immigrant, Abner Louima by two white New York police officers in 1997 (Hays, 2000). Upon review of each perspective, we will recommend which ethical theory resolves the issue in a manner that supports the actions of the officers.
Code of Ethics and Security Case Study This case study involves a brutal attack on a Haitian immigrant, Abner Louima, who was in the custody of the New York City police department. One officer received a 30 year prison sentence for his participatio
...n in the attack and another officer received a 15 year sentence for holding down Louima while he was being sodomized with a broken broom stick. The ethical issues in this case are significant and as we describe the four ethical theories, we will determine how the different perspectives support or condemn the conduct in the case.
Ethical Relativism
The philosophical and ethical theory of ethical relativism maintains the belief that certain behaviors do not necessarily reflect absolute or universal truths in regard to ethical and moral attitudes. Ethical relativism is “the tendency to make ethical (right/wrong) choices only on the basis of what looks right or reasonable according to one’s own belief or value system” (Business Dictionary, n.d., para. 1). Ethical relativists believe moral values and beliefs emerge from societal influences
personal beliefs and social norms within a person’s culture. This theory also argues that there is not one judgment of right and wrong and not one single standard that defines moral and ethical behavior. Jean-Paul Sartre, an ethical relativist and existentialist, believed that “public morality is a reflection of social convention, and that only personal, subjective morality is truly authentic” (WordIQ, 2010, para. 2).
Charles Schwarz, a former patrolman, was sentenced to 15 years in prison for holding down a Haitian immigrant, Abner Louima, so another police officer could inflict torture on the immigrant in a police station bathroom. The officer that carried out the attack, Justin Volpe, was sentenced to 30 years. In a separate trial, two more former officers testified that Abner Louima was being punished for punching Volpe as a brawl was broken up outside of a bar in Brooklyn.
The theory of ethical relativism could support the former officers’ actions. Based on the assumption that Schwarz and Volpe initiated their contact with Louima because of a perceived slight against them, the former officers may have been acting in a way that is supported by their culture and their social network. These men may have grown up with the cultural or personal belief that physical attacks must be answered swiftly and strongly. The added level of being involved in a police sub-culture would also validate the officer’s actions because they are protecting one another. Although society as a whole, and the judicial system in this particular case, judged these men as having committed a criminal act of torture an ethical relativist would believe that nobody but the men involved can
judge their behavior and their actions.
Ethical Egoism
Ethical Egoism is a term used for a position of moral agents or individuals needing to serve their self-interests. This sounds selfish and harmful to others but it does not require that other people are hurt to serve one’s own happiness (Lander University, 2009, para. 1-5).
In the case study Cop Gets 15 Years in Torture Case (Banks, 2009, p. 39), a patrolman was sentenced to over 15 years for participating in the torture and sodomy of Abner Louima, a Haitian immigrant, back in 1997 along with other officers. Officer Charles Schwarz is an example of showing ethical egoism when he “delivered a vitriolic speech declaring his innocence” (Banks, 2009, p. 39). By pleading not guilty to the charges, he served his own interests even though he was very much involved in the torture.
According to definition, ethical egoism does not have to be harmful and Schwarz’s egoism is again a perfect example because the charges against his partner, Officer Justin Volpe, was not necessarily more due to the lesser sentence Judge Eugene Nickerson imposed on Schwarz.
Deontological Ethics
In Greek Deontos translates to mean “obligation” or “duty.” Therefore, the deontological theory is also known as the obligation theory. “Deontological theorists judge the rightness or wrongness of an act on the basis of its obligatory nature” (Souryal, 2007, p. 70). Deontological theorists are not concerned with the consequences of action, nor are they concerned that the action may have been wrong or harmful. Furthermore, according to Souryal (2007), “assisting others is considered ethically right and no other consideration makes it wrong.
The fact that assistance may later prove to be harmful makes no difference in the moral equation.”
Consequently, deontological theorist would not have condemned the actions of officer Schwarz. Deontological theorists would view his action as correct because he had a duty to assist his fellow officer in the attack. Deontological theorists are not concerned with the result of action, or in this case the attack or the consequences faced by officer Schwarz for his assistance. The action would simply be correct because of the duty officer Schwarz has to his fellow officer. In addition, the police sub-culture that demands loyalty and protection aides in affirmation of officer Schwarz’s action to assist his fellow officer.
Ontological Ethics
The case study deals with a man who was taken into custody by New York Police offices and was brutally tortured by a couple of the officers in a bathroom. One officer pleads guilty while another was sentenced to 15 years. Each of the above ethical theories differs from ontological ethics. Ontological ethics deals with the concept of reality and what is in a person mind. The idea is based on the belief of God and his existence. According to the Dictionary of Philosophy (2002), ontological “is something that exists in reality must be greater than something that exists in the mind only; so God must exist outside as well as in the mind, for if he existed in the mind only and not in reality he would not be” (para. 2). Ontological ethics would condemn the actions of the police officers. The officers seem to think that they have the ultimate power and authority.
The idea of the officers having the ultimate power is all in their minds so if that is the case it does not exist.
The ontological ethics would not have resolved the ethical issue that took place in the case study. However, the theory could have helped the officers in realizing that the idea that they were able to inflict that type of torture is not acceptable and that it only exists in the officers minds. With one officer pleading guilty and the other officer being found guilty their power was taken and became nonexistent which would be an element of the ontological ethic. Now that the officer’s power is no longer an issue and they were each held accountable for their actions, it is possible that other officers would think twice before abusing their power.
Conclusion After analyzing the four ethical theories in relation to the brutal attack on Abner Louima, Team A has determined that deontological theorists would not have condemned the actions of officer Schwarz. Ontological theorists would have condemned the officer’s actions because thinking they had ultimate power and authority was only in their minds. Schwarz exhibited ethical egoism when he “delivered a vitriolic speech declaring his innocence” (Banks, 2009, p. 39). He served his own interests by pleading not guilty to the charges, even though he was very much involved in the incident. Ethical relativism would support the officer’s actions because Schwarz and Volpe initiated their contact with Louima because of a perceived slight against them.
The former officers may have been acting in a way that is supported by their culture and their social network. These
men may have grown up with the cultural or personal belief that physical attacks must be answered swiftly and strongly. The added influence of being involved in a police sub-culture would also validate the officer’s actions because they are protecting one another. Our recommendation is that ethical relativism is the ethical theory that most closely fits this case study because it supports the officer’s action. Even though the judicial system judged the officers guilty, an ethical relativist believes that no one but the men involved can judge their behavior and their actions.
- Values of Life essays
- Ethical dilemma essays
- Normative Ethics essays
- Virtue Ethics essays
- Belief essays
- Deontology essays
- Moral essays
- Virtue essays
- Work Ethic essays
- Internet Privacy essays
- Cyber Security essays
- Code of Ethics essays
- Conflict essays
- Dress Code essays
- Human Resources essays
- Organizational Behavior essays
- Performance essays
- Recruitment essays
- Safety essays
- Acceptance essays
- Age Of Enlightenment essays
- Child Observation essays
- Confucianism essays
- Conscience essays
- Critical Reflection essays
- Destiny essays
- Determinism essays
- Empiricism essays
- Environmentalism essays
- Epistemology essays
- Ethics essays
- Ethos essays
- Existence essays
- Existentialism essays
- Fate essays
- Free Will essays
- Functionalism essays
- Future essays
- Good And Evil essays
- Human Nature essays
- Individualism essays
- Meaning Of Life essays
- Metaphysics essays
- Natural Law essays
- Personal Philosophy essays
- Philosophers essays
- Philosophy Of Life essays
- Political Philosophy essays
- Pragmatism essays
- Reality essays