Ethical decision making involves a process whereby a person evaluates and chooses among alternatives in a way that is in alignment with ethical principles. The person should, therefore, avoid choosing unethical options and instead select the best alternative. Ethical decision-making requires commitment to do the right thing, no matter the cost. It entails consciousness to act consistently and use moral convictions to guide daily behavior. It also requires competency in the collection as well as evaluation of information, development of alternatives and foreseeing the possible consequences of such alternatives. Ethical decisions develop and maintain trust, respect, fairness, responsibility as well as mindfulness, all of which are attributes that promote good citizenship ( Banks, 2013).
As a member of the jury, one is expected to act professionally as per requirements of their duties. Ethics entails professionalism ( Levine et. al. , 2006). According to this particular scenario, ethical requirements pertain to the observation of the rules laid down by the judge. As a jury, one was not supposed to discuss this case with anyone outside the courtroom, especially those involved in the case. Apparently, the judge gave these instructions so as to enable the jury to come up with an independent decision that was not biased towards or against either side of the case. What happened is that the member of the jury unintentionally heard information from the case prosecutor concerning the defendant. This was the same as discussing the case outside the court, with the accuser’s side, which the judge had categorically forbidden. The implication was that the jury member was most likely to share the information with other members and the verdict that would be passed will be more biased against the accused because of this information. In case the member does not share the information, he would still be more in support of the accused being considered guilty due to the supporting information.
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The information possessed by the jury member has the potential of undermining independent decision-making. However, it is a good thing that not all the members know of the information. The best thing that can happen is for the member to undertake an action that would not jeopardize any side of the case. If the judge discovers that the jury has this information, the case will undergo mistrial, which will not be just for the accuser. If the member keeps quiet, the accused is most likely to be announced guilty with biases, which will not be fair. The member should ask to be excused from the jury bench so as to allow the other members to develop an independent decision concerning the case. Ethics sometimes require self-sacrifice ( Diamond, n.d). He should do this without discussing with the other members the specific reasons for his decision. This way, there will be no biases. He should, however, tell the judge about what he has had and categorically explain that no other member is privy to this information. The judge should then undertake the necessary steps to ensure that the prosecutor is relieved from his participation in this case.
In conclusion, ethical decision making is a process that involves the commitment, consciousness as well as the competency to analyze all the possible alternatives and making the best choice that promotes ethical principles ( Hanford, n.d ). A person is expected to observe these ethical principles even in the event that the potential outcomes may not be favorable, or the costs involved may be very high. It ensures that justice prevails within the society.
References
Banks, C. (2013). Criminal Justice Ethics: Theory and Practice . Sage Publications Inc.
Diamond, S., S. (n.d). When Ethics and Empirics are Entwined: A Response to Judge Dann’s Nullification Proposals . Retrieved from http://www.law.northwestern.edu/faculty/fulltime/diamond/papers/WhenEthicsEntwined.pdf
Hanford, P. (n.d). The Ethics of Juror Use. The Court Manager , 21(3), 61-61. http://www.ncscjurystudies.org/~/media/Microsites/Files/CJS/Jury%20News/THE%20ETHICS%20OF%20JUROR%20USE.ashx
Levine, J., P. et. al. (2006). Jury Ethics: Juror Conduct and Jury Dynamics . Paradigm Publishers
