The U.S Bureau of Justice Statistics defines formalism as the excessive adherence to logical terms of prescribed forms. As a parole officer, I have the responsibility to ensure that the client does not violate the parole policies. From case scenario #3, I would consider possession of illegal drugs as a violation of parole policy. The client has had a banned substance put him in violation of his parole. By definition of the formalism rule, I have a duty as a civil servant to uphold the law and apply it to everyone equally (McCartney & Parent, 2019). Ethically, as a trained officer, I would investigate who was using the drug before taking any legal action. According to Hollander (2016), utilitarianism refers to a moral theory that advocates for actions that promote pleasure or happiness while rejecting those that lead to unhappiness. Using the moral philosophy of utilitarianism in scenario #3, I would not violate the client’s parole. He has not encountered any problems based on the offender's history of ethical behavior and quality performance in the last six months. He has obtained a job and received excellent recommendations from his employer. The offender also recently passed a drug screening two weeks ago and was clean. I reminded the client he is not to be around or involved in any illegal activity and immediately asked the client to participate in a drug screening exercise. Under the utilitarianism rule, I, as the officer should consider the consequences of my decision for the offender and society (McCartney & Parent, 2019). The result with the least negative impact should direct my discretion and decision making. I think it is better to follow the “Spirit of the Law” than the “Letter of the Law." In essence, the “Spirit of the Law” is concerned with the rights of an individual following the constitution, while the “Letter of the Law” is concerned with doing what is stated in the constitution. Reasonably, every criminal justice case should be handled based on its crisis to ensure fairness and justice. In scenario 3, the "Spirit of the Law" was the best way to approach finding the illegal substance at the offender's residence. His history of ethical behavior and negative drug screening results led me to the promotion of fairness and justice. However, if the offender had repeated positive drug screenings and violations, it would be best to follow the "Letter of the Law” because he would be deserving of literal compliance due to the parole infraction (Garcia, Chen, & Gordon, 2014). Significantly, the “Spirit of the Law” represents the essential social norms that assist in guiding the behaviors of what is stated in the constitution, commonly interpreted as the “Letter of the Law.”
References
Garcia, S. M., Chen, P., & Gordon, M. T. (2014). The Letter Versus the Spirit of the Law: A lay perspective on culpability. In Judgement and Decision Making, Vol. 9, No. 5 (pp. 479-490). Ann Arbor.
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Hollander, S. (2016). Ethical Utilitarianism and The Theory of Moral Sentiments: Adam Smith, concerning Hume and Bentham. Eastern Economic Journal , 42 (4), 557-580.
McCartney, S., & Parent, R. (2019). Ethics in Law Enforcement. Pressbooks.
The U.S Bureau of Justice Statistics . Office of Justice Program. Retried from: https://www.bjs.gov/index.cfm?ty=tp&tid=152
