LEGAL AND ETHICAL ISSUES IN INVESTIGATIONS
Deception in interrogation refers to the use of misleading or false information by law enforcement officers during questioning in order to obtain a confession or other valuable information. This practice has been the subject of much ethical and legal debate in recent years. The use of deception in interrogation dates back to at least the early 20th century, with the advent of the Reid technique (Inbau et al., 2019). However, it was not until the Supreme Court case of Frazier v. Cupp in 1969 that the use of deception in interrogation was specifically addressed in the United States (Frazier v. Cupp, 1969). In this case, the Court held that the use of deception by law enforcement officers during interrogation does not necessarily render a confession inadmissible, as long as the deception does not “shock the conscience” of the suspect (Frazier v. Cupp, 1969). Since then, the use of deception in interrogation has remained a controversial and legally complex issue. Some have argued that it is a necessary tool for law enforcement officers to obtain important information and solve crimes (Inbau et al., 2018), while others have pointed to the potential for abuse and the risk of eliciting false confessions (Gudjonsson, 2022). Cont…
![Ethics in the social sciences research, Case Studies Assignment Ethics in the Social Sciences Spring 2022 1 ASSESSMENT TASK: CASE STUDIES (45MARKS) Due: 27th October 2022, 11:59pm Work count: 1500 words There is a +/-10% leeway on the word limits. For this task, this means 1350-1650 words are acceptable (excluding reference list). Your intext citations count towards the word count. Minimum number of references: You should make use of a minimum of 8 references. At least 6 of these references should be scholarly sources. Students will be expected to read widely for this assessment task and identify a range of reputable sources that will be useful to completing the paper. It would be particularly beneficial to make use of the readings provided to you in the readings and resources tab and from the list for each case study, however you are welcome to, and strongly encouraged, to supplement the research by finding your own. *Wikipedia will not be considered a legitimate reference. *Please be advised that websites are of inconsistent value and you need to be vigilant in your use of various websites (this includes blogs, YouTube, social media platforms etc). *The Conversation is not a scholarly source. *Government reports will be considered a scholarly source. You are strongly advised to use the WSU library webpage to locate resources for this task. A reference list should be provided at the end of your answer (not included in the word count). These must be cited at some point within your response. You are encouraged to use the suggested readings and resources below. Ensure that you acknowledge all sources and influences on your ideas. **** Case Studies Assignment Ethics in the Social Sciences Spring 2022 2 Instructions Choose a case study from the list below. You will be expected to consider what dilemmas are presented by the case study, and how these issues and the solution might be informed by the theories examined this semester. This assessment is designed to help you explore the conversations around ethics in your academic discipline and/or professional pathway. The extra readings and resources will be useful for this task. You are also encouraged to do independent research and use applicable scholarly literature in addition to those provided to you. For this assessment, you will need to choose two of the following theories to apply to the case study: • Universal Ethical Egoism • Act Utilitarianism • Rule Utilitarianism • Divine Command Theory • Kant’s Duty Ethics • Ross’s Prima Facie Duties • Nicomacean Virtue Ethics • Confucian Role Ethics • Indigenous Australian Philosophy(s) ***The following is a guide for completing the written paper: 1. The introduction should identify the case study that you have chosen and the two theories you are going to apply to the case. Detailed in criteria 1. 2. The first section of the body of the paper should detail the dilemmas presented by the case study. This is where you should provide some ’facts’ and context around the Case Studies Assignment Ethics in the Social Sciences Spring 2022 3 case which may include academic material from the additional readings, legislation, policy, scientific/medical evidence, statistics, government and NGO reports, etc. This is also where any relevant codes of ethics/conduct should be identified. These should be relevant to Australian professional conduct – that is, Australian focused codes of ethics/conducts. The evidence presented here will be the foundation of your ethical analysis and is detailed in marking criteria 2. 3. Section two of the paper should analyse how your two theories apply to the case study. This will include applying all components of each theory to the case study, the strengths and weaknesses of applying each theory to the case study and providing consideration of the result of using each theory for all stakeholders impacted by the case study. You can conduct this analysis separately or juxtapose both theories throughout the structure of the paper; you have creative license in expressing the analysis. This section should form the bulk of your paper and is covered in marking criteria 3, 4, and 5. 4. The final section of the paper should attempt to provide a feasible, workable, and ethical solution to the dilemma by synthesising the main arguments that have been made throughout the paper and should particularly draw upon the strengths discussed. This is covered in marking criteria 6. CASE STUDIES Humanitarian Support Worker You work for an agency supporting on shore asylum seekers. Asylum seekers are very often financially impoverished with many not being able to easily access the Asylum Seeker Assistance Scheme or the Community Assistance Support Program. Your organisation can provide food vouchers, a small basic amount of cash each week and referrals to other agencies. One of the families you have been working with for a long time come to see you and are concerned about being made homeless as they cannot pay their rent. They have two young children. The father works cash-in-hand at a restaurant but other than that they are not eligible for government assistance. The Case Studies Assignment Ethics in the Social Sciences Spring 2022 4 father has recently lost this income source when the eatery closed during the COVID 19 lockdowns. You know this family is honest and trying hard to keep their head above water. You have some access to supplementary funds but if you give money to them there will be less for others. What would you do? [Case study kindly contributed by: Dr Melissa Phillips, Lecturer, Humanitarian and Development Studies, WSU] Some resources to start you off Clarinval, C and Biller-Andorno, N (2014) “Challenging Operations: An Ethical Framework to Assist Humanitarian Aid Workers in their Decision-making Processes, Plos Current, ecurrents.dis.96bec99f13800a8059bb5b5a82028bbfdoi: 10.1371/currents.dis.96bec9 9f13800a8059bb5b5a82028bbf Fechter, A.-M. (2016). Aid work as moral labour. Critique of Anthropology, 36(3), pp. 228–243. https://doi.org/10.1177/0308275X16646837 Lidén, K. (2020). Ethics. In Humanitarianism, Leiden, The Netherlands: Brill. Available From: Brill https://doi.org/10.1163/9789004431140_030 Löfquist, L. (2017), “Virtues and humanitarian ethics” Disasters, 41, pp. 41- 54. https://doi-org.ezproxy.uws.edu.au/10.1111/disa.12191 Social Worker You are a newly practicing social worker and you have just started your first job at an out of home care facility in a small regional town in NSW. This is the only such facility that supports vulnerable youth within an 8hour drive radius. It is also the only place that is employing social workers in the local area. By working here, you are able to remain in the town in which you grew up, near to your family with whom you are very close. As part of your employment contract, you have signed a confidentiality agreement. During your first few weeks at the facility, you begin to have concerns about the running of the facility. There appears to be financial mismanagement leaving clients living in below standard accommodation. In addition, one 16-year-old client has also disclosed to you that they have been in a romantic relationship with a senior youth worker for over a year and a half. You have brought your concerns to the manager who has admitted that he too had heard “rumours” of this relationship and that “sometimes the books just don’t quite balance” but is not going to investigate these concerns further. You believe that he is not interested in addressing these issues as he is near retirement and wants an easy road out. Case Studies Assignment Ethics in the Social Sciences Spring 2022 5 Considering you are legally muzzled from disclosing the happenings in the facility, currently still in your probation period, and this is the only job in the area in your profession, what course of action have you decided to take regarding these issues? [Case study inspired by contributions from Dr Ben Joseph, Lecturer Social Work, WSU] Some resources to start you off Beddoe, L (2012) “External Supervision in Social Work: Power, Space, Risk, and the Search for Safety”, Australian Social Work, 65(2), pp.197-213, DOI: 10.1080/0312407X.2011.591187 Cimino, A N, Rorke, J & Adams, H L (2013) “Supervisors Behaving Badly: Witnessing Ethical Dilemmas and What To Do About It”, Journal of Social Work Values & Ethics, Fall 2013, Vol. 10, No. 2, pp48 – 57. De Maria, W (1997) “Flapping on clipped wings: Social work ethics in the age of activism”, Australian Social Work, 50(4), pp. 3-19, DOI: 10.1080/03124079708415740 Greene, A. D., & Latting, J. K. (2004). “Whistle-Blowing as a Form of Advocacy: Guidelines for the Practitioner and Organization”. Social Work, 49(2), pp. 219–230. http://www.jstor.org/stable/23721131 Hugman, R., Pawar, M., Anscombe, A.W.., & Wheeler, A. (2020). “Chapter One: Introduction to Virtue Ethics” in Virtue Ethics in Social Work Practice (1st ed.). Routledge. https://doi-org.ezproxy.uws.edu.au/10.4324/9781003003151 Raymond, S., Beddoe, L., & Staniforth, B. (2017). “Social workers’ experiences with whistleblowing: To speak or not to speak?”. Aotearoa New Zealand Social Work, 29(3), pp. 17–29. https://doi.org/10.11157/anzswj-vol29iss3id305 https://socialworkstories.com/episodes/asylum-seekers-refugees-and-social-workstories-from-nauru-how-could-we-let-this-happen-ep-34 (This is an episode of a podcast that explores social work on Nauru. It considers issues of Deeds of Confidentiality in situations that are harmful to clients and transgress their human rights) Working Holiday Makers The COVID 19 pandemic has highlighted the precarious nature of Working Holiday Makers (WHM) in Australia and New Zealand but also how vital such temporary workers are to these countries’ economies. Although many WHMs enjoy their experiences Case Studies Assignment Ethics in the Social Sciences Spring 2022 6 abroad, there is much concern regarding wage thefts, dangerous and largely informal working conditions and that it is an exploitative means by which those from poorer countries can participate in global economics as a way to reduce poverty in their own countries. Indeed, these workers are also popular among employers because many will accept poor conditions and low pay. Moreover, some economies cannot function without them. In addition, many rural and regional towns are heavily reliant on working holiday makers for tourism - they create demand for jobs and local infrastructure. Researchers have proposed that without them some rural and regional economies would simply not survive. Whilst these programs can offer exciting tourist experiences for WHM, and provide economic gain and food security for the host nation this is often at the expense of WHM’s rights and safety. Are Working Holiday visas ethical? What ethical guidance can be used to improve the processes and outcomes in this context? [Case study kindly contributed by: Ms Donna James, Lecturer in Heritage and Tourism, WSU] Some resources to start you off Iaquinto, B. L. (2018) “Working holiday makers in Australia: food security, climate change, and the backpacker tax”, Geographical Research, 56 pp. 107– 112. doi: 10.1111/1745-5871.12261. Opara, O (2018) “From settler society to working holiday heaven?: Patterns and issues of temporary labour migration to New Zealand”, New Zealand Sociology, 33(1, pp. 29– 52. https://search.informit.org/doi/10.3316/informit.777397584404422 Reilly, A., (2015) “Low-cost labour or cultural exchange? Reforming the Working Holiday visa programme”. The Economic and Labour Relations Review, 26(3), pp.474- 489. Reilly, A, Howe, J, van den Broek, D & Wright, C F (2018) “Working holiday makers in Australian horticulture: labour market effect, exploitation and avenues for reform”, Griffith Law Review, 27:1, pp. 99- 130, DOI: 10.1080/10383441.2018.1482814 Underhill, E. and Rimmer, M., (2016) “Layered vulnerability: Temporary migrants in Australian horticulture”. Journal of Industrial Relations, 58(5), pp.608-626. Zhu, H Duncan, T & Tucker, H (2021) “The Precariousness of Young Chinese Being Working Holiday Makers in New Zealand”, Journal of China Tourism Research, DOI: 10.1080/19388160.2021.1966562 Case Studies Assignment Ethics in the Social Sciences Spring 2022 7 Urban Planning You are a senior urban planner who works on a local council planning group. The area is very culturally diverse with a high proportion of young families. A developer wants to build a multimillion-dollar development in the area. This development will be a boost for the local economy that has taken a slump since the COVID 19 pandemic. The developer is promising that 10% of the apartments built will be allocated to affordable housing, the plan provides opportunities for local businesses and provision for a muchneeded childcare centre. However, the development requires the removal of green space that is well utilised by the community and a significant sacred Indigenous site. The council must consider all the needs of the community, including those who are often marginalised and silenced, the rights of the Indigenous custodians of the area, as well as concerns for ‘natural’ heritage’. What do you advise the council planning group to do? [Case study kindly contributed by: Dr Alanna Kamp, Lecturer in Geography, and Dr Anna Leditschke, Lecturer in Urban Planning WSU] Some resources to start you off Campbell, H. and Marshall, R. (1999), Ethical Frameworks and Planning Theory. International Journal of Urban and Regional Research, 23 pp. 464- 478. https://doi.org/10.1111/1468-2427.00208 (oldie but useful) Campbell, H., & Marshall, R. (2002). Utilitarianism’s Bad Breath? A Re-Evaluation of the Public Interest Justification for Planning. Planning Theory, 1(2), p. 163– 187. https://doi.org/10.1177/147309520200100205 (oldie but useful) James, S. W. (2013) “Rights to the Diverse City: Challenges to Indigenous Participation in Urban Planning and Heritage Preservation in Sydney, Australia”, Space and Culture, 16(3), pp. 274–287. https://doi.org/10.1177/1206331213487052 Pineda Pinto, M. (2020). Environmental ethics in the perception of urban planners: A case study of four city councils. Urban Studies, 57(14), pp. 2850– 2867. https://doi.org/10.1177/0042098019887932 Porter, L, Johnson, L C, and Jackson, S (2018) “Indigenous communities are reworking urban planning, but planners need to accept their history”, 9 May 2018, The Conversation, https://theconversation.com/indigenous-communities-are-reworkingurban-planning-but-planners-need-to-accept-their-history-92351 Wensing, Ed & Porter, L (2016) “Unsettling planning's paradigms: towards a just accommodation of Indigenous rights and interests in Australian urban Case Studies Assignment Ethics in the Social Sciences Spring 2022 8 planning?”, Australian Planner, 53(2), pp. 91- 102, DOI: 10.1080/07293682.2015.1118394 Cybersecurity and whistleblowing You are working as a cybersecurity analyst in a large government organisation. You feel the focus of the work is mostly good and you are proud to contribute to its goals. Recently you have been given a significant promotion and moved to another division in the organisations. This position has a higher security clearance requirement and is a significant “step up” from the work you have been previously doing. After a few months, you notice that this part of the organisation is engaged in what you believe to be unethical conduct. There is active surveillance of Australians who have been racially profiled. You are considering whether you should steal electronic documentation of these shady practices to provide to the media and law enforcement to shine a light on these wrongdoings. However, this may in turn reveal sensitive information that could breach national security as well as endanger the lives of intelligence operatives and their families who are working in the field. Do you blow the whistle? [Case study is inspired by the kind contributions of: Dr Abubakar Bello, Lecturer in Cyber Security and Behaviour, WSU] Some resources to start you off Berendt, B & Schiffner, S (2021) “Whistleblower protection in the digital age -- why 'anonymous' is not enough. Towards an interdisciplinary view of ethical dilemmas”, arXivLabs, arXiv:2111.02825 [cs.AI] (Please note that this paper is under peer review but will be useful to think with) Brevini, B. (2017) “WikiLeaks: Between disclosure and whistle-blowing in digital times” Sociology Compass. 11:12457. https://doiorg.ezproxy.uws.edu.au/10.1111/soc4.12457 Hazlina Shaik Mohd, N. A. (2020) “Down the cyber rabbit hole: Whistleblowing as a means to fulfilling moral obligations in cyber space” Jurnal Undang-Undang Dan Masyarakat, 27, pp. 20-24. Martin, B. (2013). “Whistleblowing: A Practical Guide.” (2 ed.). Sweden: Irene Publishing. Also available at: https://www.bmartin.cc/pubs/13wb.pdf Shoemaker, D Kohnke, A & Laidlaw, G (2019) Ethics And Cybersecurity Are Not Mutually Exclusive, EDPACS, 60(1), pp. 1-10, DOI: 10.1080/07366981.2019.1651516 Case Studies Assignment Ethics in the Social Sciences Spring 2022 9 Domestic Violence and protecting the community You have just started your first job as a police officer at a local station. The station is a good place to work, your colleagues are supportive and look out for each other. One night shift you are called to a disturbance reported by a neighbour. They have heard screaming and objects being broken. The address seems to be known to your partner. Your partner has been working at the station for a couple of years and has only ever performed her policing duties on shift with you to a high standard. As you approach the home, your partner tells you to let her handle the issue and to say nothing to anyone about what you will encounter. Upon the door opening, you realise that you are at the home of the station’s sergeant. There is the smell of alcohol from her. There is another woman in the home who has bruising on her face and who is emotionally distort. There are clear signs of an altercation between the two. Your partner talks to your sergeant. It is clear, that this is not the first time that she has been called to the house. Your sergeant is apologetic for the call out and minimises the situation. When you take the woman aside and ask her if she wishes to press charges, she quietly says it was “just a silly fight, nothing to worry about” and she does not wish to press charges formally. You and your partner return to the patrol car. You find out that your sergeant lives with her same-sex partner but has not disclosed her sexuality to her colleagues at the station. Your partner notes thatshe prefers to handle these (regular) call outs informally as she respects the sergeant and she “has a good heart”. She is a high-ranking woman who faced challenges getting to her position and is a big support of other women officers at the station. Also, by making these matters official it would likely “out” your sergeant. Besides, your partner doesn’t really think it is domestic violence if it is between two women – just heated arguments that can get out of hand. The following day your sergeant approaches you to thank you for your discretion about the previous evening’s events. You feel very uncomfortable that this issue has not been reported in any way especially given police officers are sworn to protect the community. But you are new to the station and your career, do not wish to get your sergeant into trouble and “out” her. Do you address this incident, or do you say nothing? [Case study was inspired by contributions from: Dr Toby Miles Johnson, Dr Kate Linklater and Dr Ashlee Gore] Some resources to start you off Caulfield, L (2021) “’I am more than the violence I survive’: Reflections from the policing family violence storytelling project”, International Journal of Narrative Therapy & Community Work, No. 4, pp. 76-93 Case Studies Assignment Ethics in the Social Sciences Spring 2022 10 Diemer, K Stuart R, Humphreys, C & Lucy Healey(2017) “A ‘double edged sword’: discretion and compulsion in policing domestic violence,” Police Practice and Research,18(4), pp. 339-351,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 Meyer, M & Reeves, E (2021) “Policies, procedures and risk aversity: police decisionmaking in domestic violence matters in an Australian jurisdiction”, Policing and Society, 31(10),pp. 1168-1182,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). https://doi.org/10.1007/s43545-022-00382-z Also see FYI: Gleeson, Hayley (2022) “Queensland police grappling with 'concerning increase' in domestic violence by officers but most victims aren't reporting, advocates say”, 9 June 2022, ABC news, https://www.abc.net.au/news/2022-06-09/queensland-policeservice-increase-domestic-violence-officers/101133908 Disability and Homecare You have been Angela’s disability support worker for two years and know her and her family well. Angela is 15 years old and would refer to herself as neurodiverse. She was diagnosed with Autism and Attention Deficit Hyperactivity Disorder in her early teens. Angela lives at home with her parents and her younger sister. She lives in a small town and feels comfortable in this area as she has grown up in the community. Over the past six months Angela has become increasingly challenging to live with and has occasionally become violent with her younger sister. She is keen to exert her independence and wants to be a “normal” teenager. She will often go missing from the family home for days. Her parents are concerned that she is engaging in risky behaviour of various kinds. They are also concerned for their other daughter who also has the right to be safe in her own home. In a recent incident, Angela’s sister found drug paraphernalia in her room and Angela became very violent with her sister. Angela’s parents called the police in a desperate attempt for assistance. Neither Angela nor her parents wish her to be removed from the family home, but they are not able to avail of the type of support that Angela and the family need in the home. It is becoming clear that Angela’s parents are unable to manage Angela’s needs, and there are real concerns for the safety of her sister. The alternative is for Angela to be put in out of home care, but the only available accommodation is a three-hour journey from Angela’s town. This would mean she Case Studies Assignment Ethics in the Social Sciences Spring 2022 11 would rarely see her family and would be in a new environment which may cause her distress. This is not what her family want either. As her disability support worker what would you advise to be the best course of action in this situation? [Case study inspired by kind contributions from: Dr Scott Avery, Senior Lecturer Indigenous Disability] Some resources to start you off Burton-Smith, R Keith R. McVilly, K R Yazbeck, M Trevor Parmenter, R & Tsutsui, T (2009) “Service and support needs of Australian carers supporting a family member with disability at home”, Journal of Intellectual and Developmental Disability, 34(3), pp. 239-247, DOI: 10.1080/13668250903103668 Paxman, M, Tully, L, Burke, S, and Watson, J (2014) “‘Evidence to inform out-of-home care policy and practice in New South Wales: An overview of the pathways of care longitudinal study”, Developing Practice: The Child, Youth and Family Work Journal, 39, pp. 54-71 Wilkins, D (2012) “Ethical Dilemmas in Social Work Practice with Disabled People: Young Adult s with Autism”, Ethics and Social Welfare, 6(1), pp. 97-105 Research Among Aboriginal Australians You recently lost your research job because of COVID 19 university budget cuts. A senior scholar who has just won a big Australian Research Council grant has invited you to join him in conducting research in a remote Aboriginal community in the Northern Territory. This will be a 12-month contract and he also promises that you will be co-author on all the academic outputs that come from the research. You are an early career researcher and so this employment opportunity and potential to add to your CV is very enticing. You agree. You are told that the community Elders have previously given permission to the research team to work on Country and with them. However, upon arrival it soon becomes apparent that the process by which the lead researcher sought permission was dubious at best. He did not provide the community with all the details of what the research process entails and how the work will be used, and so their consent was not informed. It too becomes clear to you that the research is not being conducted in culturally respectful ways and it is very opaque how the research would materially benefit the community. The research team also have no Aboriginal scholars on it. You know that these research practices are extractive and unethical, but you are sure that if you challenge the lead investigator, he will likely find a way to remove you from the project. And you really need the work. How would you proceed? Some resources to start you off Case Studies Assignment Ethics in the Social Sciences Spring 2022 12 Buchanan, J., Collard, L and Palmer, D. (2019). “Koorliny birniny, ni, quoppa katatjin : respect and ethics in working with Indigenous Australian communities”. In Ethics, Equity And Community Development. P. Westoby and S. Banks (eds). Bristol: The Policy Press: 123-142 Sullivan, C. T. (2020) Who holds the key? Negotiating gatekeepers, community politics, and the “right” to research in Indigenous spaces. Geographical Research, 58: 344– 354. https://doi.org/10.1111/1745-5871.12415. Tynan, L (2021) “What is relationality? Indigenous knowledges, practices and responsibilities with kin”, Cultural Geographies, Vol. 28(4) 597–610 To Cheat or not to Cheat? You are in the final year of your degree and just need to complete a second-year core subject that you failed previously so that you can graduate. You have thus enrolled in the Summer semester so that you can graduate the following Autumn. Things have not gone well with you this semester. In addition to the long Covid symptoms you are experiencing, you have had to take on multiple shifts at work to contribute to the running of the household. You are tired all the time, and this is taking a toll on your mental health. You have missed multiple tutorials, fallen behind on your study and have handed in your previous two assessments late, copping late penalties. You are at risk of failing again, delaying graduation and adding to your HECS debt. You are overwhelmed by it all. A friend who is in their second year, and who regularly achieves distinctions, has decided that university is not for them and now that the borders are open they are going travelling. They completed their final assessment early, and given they have no interest in completing their degree and can see what a state you are in emotionally, they have offered to give you their assessment. They believe this is their good deed to help a friend out. You know that this is academically dishonest as this is not your own work, but you also know that you are not likely to get caught given the assessment is a well reference piece and Turnitin will not pick up any concerning matches. All you have to do is put your name on the assessment task and submit it as your own. Do you take your friend’s assessment as your own and be sure to pass the unit, or do you write your own assessment but given how far behind you are with your work you may not get a high enough mark to pass the subject, failing for a second time? Some resources to start you off Guerrero-Dib, J.G., Portales, L. & Heredia-Escorza, Y. (2020) “Impact of academic integrity on workplace ethical behaviour”. Int J Educ Integr 16, 2. https://doi.org/10.1007/s40979-020-0051-3 Case Studies Assignment Ethics in the Social Sciences Spring 2022 13 Herdian, H., Mildaeni, I. N., & Wahidah, F. R. (2021). “There are Always Ways to Cheat” Academic Dishonesty Strategies During Online Learning. Journal of Learning Theory and Methodology, 2(2), pp. 60–67. https://doi.org/10.17309/jltm.2021.2.02 Steven Mintz, S (2019) “Ethical Implications of Cheating”, 31 October 2019, Higher Ed Ethics Watch https://www.higheredethicswatch.com/2019/10/ethical-implications-ofcheating.html](https://originalpapers.net/wp-content/uploads/2021/02/cropped-Screen-Shot-2021-02-11-at-2.20.26-AM-150x150.png "Ethics in the social sciences research, Case Studies Assignment Ethics in the Social Sciences Spring 2022 1 ASSESSMENT TASK: CASE STUDIES (45MARKS) Due: 27th October 2022, 11:59pm Work count: 1500 words There is a +/-10% leeway on the word limits. For this task, this means 1350-1650 words are acceptable (excluding reference list). Your intext citations count towards the word count. Minimum number of references: You should make use of a minimum of 8 references. At least 6 of these references should be scholarly sources. Students will be expected to read widely for this assessment task and identify a range of reputable sources that will be useful to completing the paper. It would be particularly beneficial to make use of the readings provided to you in the readings and resources tab and from the list for each case study, however you are welcome to, and strongly encouraged, to supplement the research by finding your own. *Wikipedia will not be considered a legitimate reference. *Please be advised that websites are of inconsistent value and you need to be vigilant in your use of various websites (this includes blogs, YouTube, social media platforms etc). *The Conversation is not a scholarly source. *Government reports will be considered a scholarly source. You are strongly advised to use the WSU library webpage to locate resources for this task. A reference list should be provided at the end of your answer (not included in the word count). These must be cited at some point within your response. You are encouraged to use the suggested readings and resources below. Ensure that you acknowledge all sources and influences on your ideas. **** Case Studies Assignment Ethics in the Social Sciences Spring 2022 2 Instructions Choose a case study from the list below. You will be expected to consider what dilemmas are presented by the case study, and how these issues and the solution might be informed by the theories examined this semester. This assessment is designed to help you explore the conversations around ethics in your academic discipline and/or professional pathway. The extra readings and resources will be useful for this task. You are also encouraged to do independent research and use applicable scholarly literature in addition to those provided to you. For this assessment, you will need to choose two of the following theories to apply to the case study: • Universal Ethical Egoism • Act Utilitarianism • Rule Utilitarianism • Divine Command Theory • Kant’s Duty Ethics • Ross’s Prima Facie Duties • Nicomacean Virtue Ethics • Confucian Role Ethics • Indigenous Australian Philosophy(s) ***The following is a guide for completing the written paper: 1. The introduction should identify the case study that you have chosen and the two theories you are going to apply to the case. Detailed in criteria 1. 2. The first section of the body of the paper should detail the dilemmas presented by the case study. This is where you should provide some ’facts’ and context around the Case Studies Assignment Ethics in the Social Sciences Spring 2022 3 case which may include academic material from the additional readings, legislation, policy, scientific/medical evidence, statistics, government and NGO reports, etc. This is also where any relevant codes of ethics/conduct should be identified. These should be relevant to Australian professional conduct – that is, Australian focused codes of ethics/conducts. The evidence presented here will be the foundation of your ethical analysis and is detailed in marking criteria 2. 3. Section two of the paper should analyse how your two theories apply to the case study. This will include applying all components of each theory to the case study, the strengths and weaknesses of applying each theory to the case study and providing consideration of the result of using each theory for all stakeholders impacted by the case study. You can conduct this analysis separately or juxtapose both theories throughout the structure of the paper; you have creative license in expressing the analysis. This section should form the bulk of your paper and is covered in marking criteria 3, 4, and 5. 4. The final section of the paper should attempt to provide a feasible, workable, and ethical solution to the dilemma by synthesising the main arguments that have been made throughout the paper and should particularly draw upon the strengths discussed. This is covered in marking criteria 6. CASE STUDIES Humanitarian Support Worker You work for an agency supporting on shore asylum seekers. Asylum seekers are very often financially impoverished with many not being able to easily access the Asylum Seeker Assistance Scheme or the Community Assistance Support Program. Your organisation can provide food vouchers, a small basic amount of cash each week and referrals to other agencies. One of the families you have been working with for a long time come to see you and are concerned about being made homeless as they cannot pay their rent. They have two young children. The father works cash-in-hand at a restaurant but other than that they are not eligible for government assistance. The Case Studies Assignment Ethics in the Social Sciences Spring 2022 4 father has recently lost this income source when the eatery closed during the COVID 19 lockdowns. You know this family is honest and trying hard to keep their head above water. You have some access to supplementary funds but if you give money to them there will be less for others. What would you do? [Case study kindly contributed by: Dr Melissa Phillips, Lecturer, Humanitarian and Development Studies, WSU] Some resources to start you off Clarinval, C and Biller-Andorno, N (2014) “Challenging Operations: An Ethical Framework to Assist Humanitarian Aid Workers in their Decision-making Processes, Plos Current, ecurrents.dis.96bec99f13800a8059bb5b5a82028bbfdoi: 10.1371/currents.dis.96bec9 9f13800a8059bb5b5a82028bbf Fechter, A.-M. (2016). Aid work as moral labour. Critique of Anthropology, 36(3), pp. 228–243. https://doi.org/10.1177/0308275X16646837 Lidén, K. (2020). Ethics. In Humanitarianism, Leiden, The Netherlands: Brill. Available From: Brill https://doi.org/10.1163/9789004431140_030 Löfquist, L. (2017), “Virtues and humanitarian ethics” Disasters, 41, pp. 41- 54. https://doi-org.ezproxy.uws.edu.au/10.1111/disa.12191 Social Worker You are a newly practicing social worker and you have just started your first job at an out of home care facility in a small regional town in NSW. This is the only such facility that supports vulnerable youth within an 8hour drive radius. It is also the only place that is employing social workers in the local area. By working here, you are able to remain in the town in which you grew up, near to your family with whom you are very close. As part of your employment contract, you have signed a confidentiality agreement. During your first few weeks at the facility, you begin to have concerns about the running of the facility. There appears to be financial mismanagement leaving clients living in below standard accommodation. In addition, one 16-year-old client has also disclosed to you that they have been in a romantic relationship with a senior youth worker for over a year and a half. You have brought your concerns to the manager who has admitted that he too had heard “rumours” of this relationship and that “sometimes the books just don’t quite balance” but is not going to investigate these concerns further. You believe that he is not interested in addressing these issues as he is near retirement and wants an easy road out. Case Studies Assignment Ethics in the Social Sciences Spring 2022 5 Considering you are legally muzzled from disclosing the happenings in the facility, currently still in your probation period, and this is the only job in the area in your profession, what course of action have you decided to take regarding these issues? [Case study inspired by contributions from Dr Ben Joseph, Lecturer Social Work, WSU] Some resources to start you off Beddoe, L (2012) “External Supervision in Social Work: Power, Space, Risk, and the Search for Safety”, Australian Social Work, 65(2), pp.197-213, DOI: 10.1080/0312407X.2011.591187 Cimino, A N, Rorke, J & Adams, H L (2013) “Supervisors Behaving Badly: Witnessing Ethical Dilemmas and What To Do About It”, Journal of Social Work Values & Ethics, Fall 2013, Vol. 10, No. 2, pp48 – 57. De Maria, W (1997) “Flapping on clipped wings: Social work ethics in the age of activism”, Australian Social Work, 50(4), pp. 3-19, DOI: 10.1080/03124079708415740 Greene, A. D., & Latting, J. K. (2004). “Whistle-Blowing as a Form of Advocacy: Guidelines for the Practitioner and Organization”. Social Work, 49(2), pp. 219–230. http://www.jstor.org/stable/23721131 Hugman, R., Pawar, M., Anscombe, A.W.., & Wheeler, A. (2020). “Chapter One: Introduction to Virtue Ethics” in Virtue Ethics in Social Work Practice (1st ed.). Routledge. https://doi-org.ezproxy.uws.edu.au/10.4324/9781003003151 Raymond, S., Beddoe, L., & Staniforth, B. (2017). “Social workers’ experiences with whistleblowing: To speak or not to speak?”. Aotearoa New Zealand Social Work, 29(3), pp. 17–29. https://doi.org/10.11157/anzswj-vol29iss3id305 https://socialworkstories.com/episodes/asylum-seekers-refugees-and-social-workstories-from-nauru-how-could-we-let-this-happen-ep-34 (This is an episode of a podcast that explores social work on Nauru. It considers issues of Deeds of Confidentiality in situations that are harmful to clients and transgress their human rights) Working Holiday Makers The COVID 19 pandemic has highlighted the precarious nature of Working Holiday Makers (WHM) in Australia and New Zealand but also how vital such temporary workers are to these countries’ economies. Although many WHMs enjoy their experiences Case Studies Assignment Ethics in the Social Sciences Spring 2022 6 abroad, there is much concern regarding wage thefts, dangerous and largely informal working conditions and that it is an exploitative means by which those from poorer countries can participate in global economics as a way to reduce poverty in their own countries. Indeed, these workers are also popular among employers because many will accept poor conditions and low pay. Moreover, some economies cannot function without them. In addition, many rural and regional towns are heavily reliant on working holiday makers for tourism - they create demand for jobs and local infrastructure. Researchers have proposed that without them some rural and regional economies would simply not survive. Whilst these programs can offer exciting tourist experiences for WHM, and provide economic gain and food security for the host nation this is often at the expense of WHM’s rights and safety. Are Working Holiday visas ethical? What ethical guidance can be used to improve the processes and outcomes in this context? [Case study kindly contributed by: Ms Donna James, Lecturer in Heritage and Tourism, WSU] Some resources to start you off Iaquinto, B. L. (2018) “Working holiday makers in Australia: food security, climate change, and the backpacker tax”, Geographical Research, 56 pp. 107– 112. doi: 10.1111/1745-5871.12261. Opara, O (2018) “From settler society to working holiday heaven?: Patterns and issues of temporary labour migration to New Zealand”, New Zealand Sociology, 33(1, pp. 29– 52. https://search.informit.org/doi/10.3316/informit.777397584404422 Reilly, A., (2015) “Low-cost labour or cultural exchange? Reforming the Working Holiday visa programme”. The Economic and Labour Relations Review, 26(3), pp.474- 489. Reilly, A, Howe, J, van den Broek, D & Wright, C F (2018) “Working holiday makers in Australian horticulture: labour market effect, exploitation and avenues for reform”, Griffith Law Review, 27:1, pp. 99- 130, DOI: 10.1080/10383441.2018.1482814 Underhill, E. and Rimmer, M., (2016) “Layered vulnerability: Temporary migrants in Australian horticulture”. Journal of Industrial Relations, 58(5), pp.608-626. Zhu, H Duncan, T & Tucker, H (2021) “The Precariousness of Young Chinese Being Working Holiday Makers in New Zealand”, Journal of China Tourism Research, DOI: 10.1080/19388160.2021.1966562 Case Studies Assignment Ethics in the Social Sciences Spring 2022 7 Urban Planning You are a senior urban planner who works on a local council planning group. The area is very culturally diverse with a high proportion of young families. A developer wants to build a multimillion-dollar development in the area. This development will be a boost for the local economy that has taken a slump since the COVID 19 pandemic. The developer is promising that 10% of the apartments built will be allocated to affordable housing, the plan provides opportunities for local businesses and provision for a muchneeded childcare centre. However, the development requires the removal of green space that is well utilised by the community and a significant sacred Indigenous site. The council must consider all the needs of the community, including those who are often marginalised and silenced, the rights of the Indigenous custodians of the area, as well as concerns for ‘natural’ heritage’. What do you advise the council planning group to do? [Case study kindly contributed by: Dr Alanna Kamp, Lecturer in Geography, and Dr Anna Leditschke, Lecturer in Urban Planning WSU] Some resources to start you off Campbell, H. and Marshall, R. (1999), Ethical Frameworks and Planning Theory. International Journal of Urban and Regional Research, 23 pp. 464- 478. https://doi.org/10.1111/1468-2427.00208 (oldie but useful) Campbell, H., & Marshall, R. (2002). Utilitarianism’s Bad Breath? A Re-Evaluation of the Public Interest Justification for Planning. Planning Theory, 1(2), p. 163– 187. https://doi.org/10.1177/147309520200100205 (oldie but useful) James, S. W. (2013) “Rights to the Diverse City: Challenges to Indigenous Participation in Urban Planning and Heritage Preservation in Sydney, Australia”, Space and Culture, 16(3), pp. 274–287. https://doi.org/10.1177/1206331213487052 Pineda Pinto, M. (2020). Environmental ethics in the perception of urban planners: A case study of four city councils. Urban Studies, 57(14), pp. 2850– 2867. https://doi.org/10.1177/0042098019887932 Porter, L, Johnson, L C, and Jackson, S (2018) “Indigenous communities are reworking urban planning, but planners need to accept their history”, 9 May 2018, The Conversation, https://theconversation.com/indigenous-communities-are-reworkingurban-planning-but-planners-need-to-accept-their-history-92351 Wensing, Ed & Porter, L (2016) “Unsettling planning's paradigms: towards a just accommodation of Indigenous rights and interests in Australian urban Case Studies Assignment Ethics in the Social Sciences Spring 2022 8 planning?”, Australian Planner, 53(2), pp. 91- 102, DOI: 10.1080/07293682.2015.1118394 Cybersecurity and whistleblowing You are working as a cybersecurity analyst in a large government organisation. You feel the focus of the work is mostly good and you are proud to contribute to its goals. Recently you have been given a significant promotion and moved to another division in the organisations. This position has a higher security clearance requirement and is a significant “step up” from the work you have been previously doing. After a few months, you notice that this part of the organisation is engaged in what you believe to be unethical conduct. There is active surveillance of Australians who have been racially profiled. You are considering whether you should steal electronic documentation of these shady practices to provide to the media and law enforcement to shine a light on these wrongdoings. However, this may in turn reveal sensitive information that could breach national security as well as endanger the lives of intelligence operatives and their families who are working in the field. Do you blow the whistle? [Case study is inspired by the kind contributions of: Dr Abubakar Bello, Lecturer in Cyber Security and Behaviour, WSU] Some resources to start you off Berendt, B & Schiffner, S (2021) “Whistleblower protection in the digital age -- why 'anonymous' is not enough. Towards an interdisciplinary view of ethical dilemmas”, arXivLabs, arXiv:2111.02825 [cs.AI] (Please note that this paper is under peer review but will be useful to think with) Brevini, B. (2017) “WikiLeaks: Between disclosure and whistle-blowing in digital times” Sociology Compass. 11:12457. https://doiorg.ezproxy.uws.edu.au/10.1111/soc4.12457 Hazlina Shaik Mohd, N. A. (2020) “Down the cyber rabbit hole: Whistleblowing as a means to fulfilling moral obligations in cyber space” Jurnal Undang-Undang Dan Masyarakat, 27, pp. 20-24. Martin, B. (2013). “Whistleblowing: A Practical Guide.” (2 ed.). Sweden: Irene Publishing. Also available at: https://www.bmartin.cc/pubs/13wb.pdf Shoemaker, D Kohnke, A & Laidlaw, G (2019) Ethics And Cybersecurity Are Not Mutually Exclusive, EDPACS, 60(1), pp. 1-10, DOI: 10.1080/07366981.2019.1651516 Case Studies Assignment Ethics in the Social Sciences Spring 2022 9 Domestic Violence and protecting the community You have just started your first job as a police officer at a local station. The station is a good place to work, your colleagues are supportive and look out for each other. One night shift you are called to a disturbance reported by a neighbour. They have heard screaming and objects being broken. The address seems to be known to your partner. Your partner has been working at the station for a couple of years and has only ever performed her policing duties on shift with you to a high standard. As you approach the home, your partner tells you to let her handle the issue and to say nothing to anyone about what you will encounter. Upon the door opening, you realise that you are at the home of the station’s sergeant. There is the smell of alcohol from her. There is another woman in the home who has bruising on her face and who is emotionally distort. There are clear signs of an altercation between the two. Your partner talks to your sergeant. It is clear, that this is not the first time that she has been called to the house. Your sergeant is apologetic for the call out and minimises the situation. When you take the woman aside and ask her if she wishes to press charges, she quietly says it was “just a silly fight, nothing to worry about” and she does not wish to press charges formally. You and your partner return to the patrol car. You find out that your sergeant lives with her same-sex partner but has not disclosed her sexuality to her colleagues at the station. Your partner notes thatshe prefers to handle these (regular) call outs informally as she respects the sergeant and she “has a good heart”. She is a high-ranking woman who faced challenges getting to her position and is a big support of other women officers at the station. Also, by making these matters official it would likely “out” your sergeant. Besides, your partner doesn’t really think it is domestic violence if it is between two women – just heated arguments that can get out of hand. The following day your sergeant approaches you to thank you for your discretion about the previous evening’s events. You feel very uncomfortable that this issue has not been reported in any way especially given police officers are sworn to protect the community. But you are new to the station and your career, do not wish to get your sergeant into trouble and “out” her. Do you address this incident, or do you say nothing? [Case study was inspired by contributions from: Dr Toby Miles Johnson, Dr Kate Linklater and Dr Ashlee Gore] Some resources to start you off Caulfield, L (2021) “’I am more than the violence I survive’: Reflections from the policing family violence storytelling project”, International Journal of Narrative Therapy & Community Work, No. 4, pp. 76-93 Case Studies Assignment Ethics in the Social Sciences Spring 2022 10 Diemer, K Stuart R, Humphreys, C & Lucy Healey(2017) “A ‘double edged sword’: discretion and compulsion in policing domestic violence,” Police Practice and Research,18(4), pp. 339-351,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 Meyer, M & Reeves, E (2021) “Policies, procedures and risk aversity: police decisionmaking in domestic violence matters in an Australian jurisdiction”, Policing and Society, 31(10),pp. 1168-1182,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). https://doi.org/10.1007/s43545-022-00382-z Also see FYI: Gleeson, Hayley (2022) “Queensland police grappling with 'concerning increase' in domestic violence by officers but most victims aren't reporting, advocates say”, 9 June 2022, ABC news, https://www.abc.net.au/news/2022-06-09/queensland-policeservice-increase-domestic-violence-officers/101133908 Disability and Homecare You have been Angela’s disability support worker for two years and know her and her family well. Angela is 15 years old and would refer to herself as neurodiverse. She was diagnosed with Autism and Attention Deficit Hyperactivity Disorder in her early teens. Angela lives at home with her parents and her younger sister. She lives in a small town and feels comfortable in this area as she has grown up in the community. Over the past six months Angela has become increasingly challenging to live with and has occasionally become violent with her younger sister. She is keen to exert her independence and wants to be a “normal” teenager. She will often go missing from the family home for days. Her parents are concerned that she is engaging in risky behaviour of various kinds. They are also concerned for their other daughter who also has the right to be safe in her own home. In a recent incident, Angela’s sister found drug paraphernalia in her room and Angela became very violent with her sister. Angela’s parents called the police in a desperate attempt for assistance. Neither Angela nor her parents wish her to be removed from the family home, but they are not able to avail of the type of support that Angela and the family need in the home. It is becoming clear that Angela’s parents are unable to manage Angela’s needs, and there are real concerns for the safety of her sister. The alternative is for Angela to be put in out of home care, but the only available accommodation is a three-hour journey from Angela’s town. This would mean she Case Studies Assignment Ethics in the Social Sciences Spring 2022 11 would rarely see her family and would be in a new environment which may cause her distress. This is not what her family want either. As her disability support worker what would you advise to be the best course of action in this situation? [Case study inspired by kind contributions from: Dr Scott Avery, Senior Lecturer Indigenous Disability] Some resources to start you off Burton-Smith, R Keith R. McVilly, K R Yazbeck, M Trevor Parmenter, R & Tsutsui, T (2009) “Service and support needs of Australian carers supporting a family member with disability at home”, Journal of Intellectual and Developmental Disability, 34(3), pp. 239-247, DOI: 10.1080/13668250903103668 Paxman, M, Tully, L, Burke, S, and Watson, J (2014) “‘Evidence to inform out-of-home care policy and practice in New South Wales: An overview of the pathways of care longitudinal study”, Developing Practice: The Child, Youth and Family Work Journal, 39, pp. 54-71 Wilkins, D (2012) “Ethical Dilemmas in Social Work Practice with Disabled People: Young Adult s with Autism”, Ethics and Social Welfare, 6(1), pp. 97-105 Research Among Aboriginal Australians You recently lost your research job because of COVID 19 university budget cuts. A senior scholar who has just won a big Australian Research Council grant has invited you to join him in conducting research in a remote Aboriginal community in the Northern Territory. This will be a 12-month contract and he also promises that you will be co-author on all the academic outputs that come from the research. You are an early career researcher and so this employment opportunity and potential to add to your CV is very enticing. You agree. You are told that the community Elders have previously given permission to the research team to work on Country and with them. However, upon arrival it soon becomes apparent that the process by which the lead researcher sought permission was dubious at best. He did not provide the community with all the details of what the research process entails and how the work will be used, and so their consent was not informed. It too becomes clear to you that the research is not being conducted in culturally respectful ways and it is very opaque how the research would materially benefit the community. The research team also have no Aboriginal scholars on it. You know that these research practices are extractive and unethical, but you are sure that if you challenge the lead investigator, he will likely find a way to remove you from the project. And you really need the work. How would you proceed? Some resources to start you off Case Studies Assignment Ethics in the Social Sciences Spring 2022 12 Buchanan, J., Collard, L and Palmer, D. (2019). “Koorliny birniny, ni, quoppa katatjin : respect and ethics in working with Indigenous Australian communities”. In Ethics, Equity And Community Development. P. Westoby and S. Banks (eds). Bristol: The Policy Press: 123-142 Sullivan, C. T. (2020) Who holds the key? Negotiating gatekeepers, community politics, and the “right” to research in Indigenous spaces. Geographical Research, 58: 344– 354. https://doi.org/10.1111/1745-5871.12415. Tynan, L (2021) “What is relationality? Indigenous knowledges, practices and responsibilities with kin”, Cultural Geographies, Vol. 28(4) 597–610 To Cheat or not to Cheat? You are in the final year of your degree and just need to complete a second-year core subject that you failed previously so that you can graduate. You have thus enrolled in the Summer semester so that you can graduate the following Autumn. Things have not gone well with you this semester. In addition to the long Covid symptoms you are experiencing, you have had to take on multiple shifts at work to contribute to the running of the household. You are tired all the time, and this is taking a toll on your mental health. You have missed multiple tutorials, fallen behind on your study and have handed in your previous two assessments late, copping late penalties. You are at risk of failing again, delaying graduation and adding to your HECS debt. You are overwhelmed by it all. A friend who is in their second year, and who regularly achieves distinctions, has decided that university is not for them and now that the borders are open they are going travelling. They completed their final assessment early, and given they have no interest in completing their degree and can see what a state you are in emotionally, they have offered to give you their assessment. They believe this is their good deed to help a friend out. You know that this is academically dishonest as this is not your own work, but you also know that you are not likely to get caught given the assessment is a well reference piece and Turnitin will not pick up any concerning matches. All you have to do is put your name on the assessment task and submit it as your own. Do you take your friend’s assessment as your own and be sure to pass the unit, or do you write your own assessment but given how far behind you are with your work you may not get a high enough mark to pass the subject, failing for a second time? Some resources to start you off Guerrero-Dib, J.G., Portales, L. & Heredia-Escorza, Y. (2020) “Impact of academic integrity on workplace ethical behaviour”. Int J Educ Integr 16, 2. https://doi.org/10.1007/s40979-020-0051-3 Case Studies Assignment Ethics in the Social Sciences Spring 2022 13 Herdian, H., Mildaeni, I. N., & Wahidah, F. R. (2021). “There are Always Ways to Cheat” Academic Dishonesty Strategies During Online Learning. Journal of Learning Theory and Methodology, 2(2), pp. 60–67. https://doi.org/10.17309/jltm.2021.2.02 Steven Mintz, S (2019) “Ethical Implications of Cheating”, 31 October 2019, Higher Ed Ethics Watch https://www.higheredethicswatch.com/2019/10/ethical-implications-ofcheating.html")
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