The presented case study highlights the case of a convicted pedophile. Silly Billy in his five years in prison faces numerous challenges including threats from a powerful gang. The gang of three gangsters leveraged on his profile as a pedophile to gain sexual favor in exchange for protection. He was however transferred to another prison for protection in accordance with his rights as discussed by Dale, (2011). At the new facility, he opens up about his experience at the previous facility and expresses his concerns about a possible HIV infection, denial of parole and recurrence of molestation experienced in the last jail. This paper discusses five ethical dilemmas that arise from his case and proposes the best way for a criminal justice counselor can help him.
Silly Billy case study presents five ethical dilemmas. First, the dilemma is whether Silly Billy should be tested for HIV while he is still in prison. The second dilemma is whether Billy needs to resolve his consensual versus forced homosexual activity. The third dilemma is whether or not to disclose his information to the classification system. The fourth is Billy’s perception of honesty and counseling if the information is disclosed. Lastly, the dilemma of whether the criminal justice counselor’s should allow an individual with highly questionable prognosis back into society.
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The dilemma presented by whether Billy should be tested or not affects two fundamental values. First it tests the trust and faithfulness of the criminal justice counselor to keep the information secret, and secondly, it tests his values of withstanding the danger presented to Billy for not getting tested. Whereas it is Billy's right not to be tested for HIV until he is ready, his lack of testing is likely to expose other prisoners to infection, and his health is likely to deteriorate if he is HIV positive. On the other hand, although the criminal justice counselor's decision to make him tested betrays his trust, it presents multiple benefits. The testing enables him to receive the correct medical attention given that he often falls sick. Additionally, information about his HIV and AID status is essential in laying strategies to prevent further infections. Lastly, human values require one to help another person whenever they feel they are in problem. As a result, the criminal justice counselor’s should get Billy tested by persuasion and education on its important (Liamputtong, & Haritavorn, 2014) .
The second dilemma is whether Billy needs to resolve his consensual versus forced homosexual activity. Although Billy is the victim of the dilemma, the criminal justice counselor presents three problems. First, the lack to address the problem is likely to make Billy relapse to being a pedophile. Secondly, if he addresses it, he is likely to have his release postponed. And lastly, it raises trust issues given that one as his criminal justice counselor needs to go beyond Billy desire to have the matter secret. Although secrecy conserves the trust between the two, it is evident that in the event he relapses he will end up in jail again. The term could be longer than the current extension. As such, the criminal justice counselor should facilitate Billy to resolve his consensual versus homosexual activity (Dale, 2011).
The third dilemma is whether being Billy’s criminal justice counselor; one should allow the revelation of the information to the classification system. The dilemma tests the councilor’s trustworthiness. First, the revelation of the information is likely to prolong Silly Billy’s jail term, yet he is not willing. Secondly, in the event gangs in the new facility know about his situation, they are likely to exploit him the same way he was exploited in the previous prison. Lastly, not disclosing the information to the classification system conflicts the criminal justice counselor’s professional requirement (Dale, 2011). From the councilor’s point of view, the information should be disclosed to the classification system. It enables Billy to get the right rehabilitation and avoid possible future relapses.
The fourth dilemma is presented by the possibility of Billy having a negative perception of honesty and counseling if the information is disclosed. It tests the counselor's adherence to personal values versus his ability to stick to professional obligation. The criminal justice counselor has a professional obligation to ensure the criminal progress record in jail is accurate. Failure to adhere to the obligation jeopardizes the inmate and career. Secondly, lack of action exposes Billy to suffer from the adverse effects of his conditions. On the other hand, in the event his desire for the information to be kept a secret is violated, he will have a hard time trusting people and opening up during counseling sessions. Therefore even if Billy gains a negative perception of honesty and counseling, the disclosure of the information protects his medical condition and the possibility of relapsing that can result in a new jail sentence.
The final dilemma is whether Billy’s criminal justice counselor should risk allowing him back into the society yet he has a highly questionable prognosis. This ethical dilemma presents three key scenarios. The first it tests the professionalism of Billy's criminal justice counselor. Given that it is known that Billy has a questionable prognosis, he should be subjected to the stipulated corrective mechanism. Secondly, it questions whether the criminal justice counselor upholds personal values. Disclosure of Billy’s predicament betrays the honesty and trustworthiness. Billy trusted him before disclosing the personal information. Lastly, if he is allowed back to the society, he is likely to relapse back to being a pedophile and go back to prison. A comparison of the three critical values under test made it wise for his jail term to be prolonged but enrolled in the correct rehabilitation program.
In conclusion, although Billy enjoys rights provided for in the constitution, the five ethical dilemmas subject them to a violation which can be the case if they work for the prisoners good (Konrad, Völlm, and Weisstub, 2013) . It is evident that the violation of some of his rights such as freedom to choose and values such as trust brings more benefit to him than harm. In all the five ethical dilemmas upholding the values in question makes him vulnerable to future imprisonment. From the criminal justice counselor's point of view, Silly Billy's rights should be temporally bridged to save him from future relapse.
References
Dale, E. (2011). Criminal Justice in the United States, 1789–1939 New Histories of American Law . Cambridge University Press.
Konrad, N., Völlm, B., & Weisstub, D. (2013). Ethical Issues in Prison Psychiatry . Dordrecht: Springer Netherlands.
Liamputtong, P., & Haritavorn, N. (2014). To tell or not to tell: disclosure to children and family amongst Thai women living with HIV/AIDS: Table 1: Health Promotion International , dau057. DOI: 10.1093/heapro/dau057
