Case Study

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Western Sydney University *

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102102

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Philosophy

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Jan 9, 2024

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Introduction The aim of this paper is to examine ethical dilemmas present in the case study ‘Domestic Violence and protecting the community’. I will be seeking solutions informed by theories studied this semester, specifically act utilitarianism theory and the divine command theory. Scarre (1998) discusses that the act utilitarianism theory causes one to take actions to achieve the greater good in a given situation. He notes that the utilitarianism act is a highly influential moral theory which assesses a right or wrong action based on its outcome. On the other hand, Rahimi (2012) discusses that the divine command theory view God as the one who determines what is morally right. It centres on obeying Go d’s commands, with the right and wrongs varying according to the diverse religious beliefs people hold. Section 1 As a police officer new to my role, I receive a call on my night shift about an incident of disturbance from a neighbour claiming to hear screams and objects being broken. I attend to the disturbance with my partner who I hold in high regard due to her high standards of work. Upon arrival I realise the house to be that of the station’s sergeant. We both perceive the smell of alcohol from her and notice another woman with bruises who is emotionally unstable. The woman does not want to press charges and insist that it is just a silly fight. I get into the patrol car with my partner only for her to disclose to me the sergeant is in a same sex relationship unknown to her colleagues at work. My partner wants to handle the situation informally due to her respect for the sergeant. She claims the sergeant is a high-ranking woman who faced challenges to attain her position and is a big support to other women at the station. Due to this she also does not find the situation to be domestic violence since it exists between two women. I feel uncomfortable about the situation, and I am in a dilemma unsure whether it should be reported or not. I grapple with this decision because I have vowed to protect the community but then I am new to the station and to my role. According to Diemer et al. (2017) safeguarding victims of domestic violence from future harm depends on the initial actions police officers take when they encounter domestic violence cases. As outlined in the Code of Practice for the NSW Police Force Response to Domestic and Family Violence (2018), the NSW police force is dedicated to enforcing victim support to protect victims from further harm. This commitment involves seeking Apprehended domestic violence orders (ADVO) to ensure the victim is safe from further violence. Miles-Johnson & Ball (2022) highlights the need for improved police responses to domestic violence cases, especially in the context of same- sex relationships, advocating for more serious approach to addressing these issues.

When it comes to domestic violence cases, the police play five key roles: investigating incidents, providing support and safety, bringing offenders to court, preventing occurring of incidents and working with local services to reduce risks (Code of Practice for the NSW Police Force Response to Domestic and Family Violence 2018). Also, according to Meyer & Reeves (2021), each Australian state has its own jurisdiction and procedures for handling incidents of domestic violence. While it is rare, some police officers themselves are involved with domestic violence but there are hardly any relevant statistics of Australian police officers due to the closed nature of how such cases are heard in court. (Douglas & Goodmark 2015). A study done in the United States shows that police officers in service are four times more likely to engage in domestic violence (Douglas & Goodmark 2015). This is concerning because just like the partner of the sergeant in the case study, partners of police officers may hesitate to report incidents of abuse. This highlights the importance of police action in domestic violence cases. It must be taken seriously and handled with care. Section 2 Divine command theory The ethical dilemma in this case study revolves around whether I should report the ongoing domestic violence at the sergeant’s house. Implementing the divine command theory as discussed by Mahrik (2018) offers a valuable approach for me to address ethical challenges in our evolving society. The divine command theory, rooted in obeying the commands of God dictates that reporting the sergeant is the morally right action for me to take to ensure the victim is safe. Despite probable variations in moral codes among religions, following the divine command theory aligns with my personal principles of honest living and serving humanity. Reporting the case of domestic violence becomes my fulfilment of God’s command and the right thing to do. However, a setback is the theory’s religious variability, with not all religions having the same moral standards. For example, not all religions follow the doctrine of having one wife as in Christianity. Additionally, people who are not religious may face challenges in applying the principles of God in such situations. Implementing the divine command theory, nevertheless, promises positive outcomes: ensuring the safety of the victim, potential charges against the sergeant, and my fulfilment of doing what is ethically right. Basically, the divine command theory provides a solution to the ethical dilemma by guiding actions based on the commands of God. Act Utilitarianism Theory

The utilitarian act theory, which highlights the morality of actions based on outcomes is important in ethical considerations (Eggleston 2020). Applying this theory increases doing good for the majority. From the case study it is evident that I am not comfortable with the sergeants abuse against her partner and so by applying the utilitarian theory it maximizes the good for both parties. This means that reporting the incident would protect the sergeant’s partner from further incidence of domestic violence, aligning with the theory and fulfilling my duty to the community (Eggleston 2020). The sergeant could either be charged for domestic violence or an ADVO order can be held against them to prevent future abuse. The theory’s flexibility allows for varied situations, but the challenges arise in determining moral rightness without explicit guidelines (Eggleston 2020). Despite its complexities, I would, as a police officer, choose to report the incident, aligning with the act utilitarianism to secure positive outcomes for the sergeant’s partner and uphold moral responsibility. Conclusion In essence, it's necessary for the me to report the domestic violence incident involving the sergeant. The ethical ruling could align with either the divine command theory, obeying God's commands, or the act utilitarianism theory, prioritizing the greater good. Both approaches lead to the same goal: reporting the incident to protect the community, especially considering the victim's potential hesitancy due to the sergeant's position. Applying these theories offers efficient ways to address the ethical dilemma, ensuring the pursuit of ultimate good, whether guided by divine commands or achieving greater good for all involved. The optimal solution remains reporting the domestic violence incident at the police station.

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Reference List Diemer, K, Ross, S, Humphreys, C, Healey, L 2017, ‘A 'double edged sword': discretion and compulsion in policing domestic violence’, Police practice & research, Vol.18, no.4, p.339-351, viewed 22 October 2023, WSU Library Database, DOI: 10.1080/15614263.2016.1230853. Douglas, H & Goodmark, L (2015) “Police perpetrators of domestic violence: what do we know and what can be done”, 2 November 2015, The Conversation, viewed 22 October 2023 < https://theconversation.com/police-perpetrators-of-domestic-violence- what-do-weknow-and-what-can-be-done-49441 > Eggleston, B 2020, ‘Consequentialism and Respect: Two Strategies for Justifying Act Utilitarianism’, Utilitas, Vol.32, no.1, p.1-18, Viewed 22 October 2023, WSU Library Database, DOI: 10.1017/S0953820819000086.

Mahrik, T 2018, ‘DIVINE COMMAND THEORY – A CRITICAL REFLECTIONS’, Idei (Sofiâ.), 2018, Vol.1, no. (1(11)), p.10-15, viewed 22 October 2023, WSU Library Database, DOI: 10.34017/1313-9703-2018- 1(11)-10-15 Meyer, S, Reeves, E, ‘Policies, procedures and risk aversity: police decision-making in domestic violence matters in an Australian jurisdiction’, Policing & society, Vol.31, no.10, p.1168-1182, viewed 22 October 2023, WSU Library Database, DOI: 10.1080/10439463.2020.1869234 Miles-Johnson, T., Ball, M. “Police prosecutors and LGBTIQ intimate partner violence, victims, and perpetrators: an empirical study”, SN Soc Sci 2(84), viewed 22 October 2023, WSU Library Database, https://doi.org/10.1007/s43545-022-00382-z. NSW Police Force 2018, Code of Practice for the NSW Police Force Response to Domestic and Family Violence, viewed 22 October 2023, https://www.police.nsw.gov.au/__data/assets/pdf_file/0016/165202/Code_o f_Practice_for_the_NSW PF_response_to_Domestic_and_Family_Violence.pdf Rahimi, S 2012, ‘Divine Command Theory and Theistic Activism’, Heythrop journal, Vol.53, no.4, p.551-559, viewed 22 October 2023, WSU Library Database, DOI: 10.1111/j.1468-2265.2012.00752.x. Scarre, G 1998, ‘Is Act-Utilitarianism the 'Ethics of Fantasy'?’, Journal of applied philosophy, Vol.15, no.3, p.259-270, viewed 22 October 2023, WSU Library Database, DOI: 10.1111/1468-5930.00096.

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