Corrections Scenario
Ethical Issue: Corrections
The husband eventually is convicted of driving while under
the influence following a jury trial. It turns out to be his third conviction.
A judge orders that a presentence investigation report be prepared.
In the course of the investigation, the probation officer
discovers that the husband had served in the U.S. military in Somalia. His
military records indicate that while there, his duties involved collecting the
dead and the injured to be taken to the hospital. In the course of this
assignment, he
was captured by enemy soldiers and placed into a black metal
box the size of a coffin where he remained for the better part of 6 weeks.
Medical and psychiatric records confirm that the husband
suffers from post-traumatic stress disorder and has regressed to the level of a
10-year-old because of his imprisonment in Somalia. In the opinion of his
treating psychiatrists, any prolonged confinement, even for a few hours, could
cause even further regression and could trigger explosive
outbursts and traumatic flashbacks.
Although the sentencing range for this offense could fall
anywhere between zero to 365 days in jail, the standard sentence for a third
time offense usually begins at a minimum of 90 days in custody. His prior
convictions occurred before his military service in Somalia and he served a
total of
60 days custody on those, without incident.
What should the probation officer recommend?
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