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CASE STUDY EXERCISES
Should Rights Lost Be Automatically Resorted, or Should an
CASE STUDY EXERCISES
Should Rights Lost Be Automatically Resorted, or Should an Offender Apply for This Privilege?
This chapter presents controversial issues on the loss of rights as a result of conviction for a crime. States differ on which specific rights are lost upon conviction, the duration of the loss, and whether rights lost should automatically be resorted after a sentence is served or restored only upon application by an ex-offender. There are no authoritative national answers to these hypothetical case studies because laws, court decisions, agency rules, and practices in the private sector vary. The aim here is to make the reader think about what he or she would do if given final decision on what the law, court, agency chief, or private employer should say or do in such cases. Each decision must be justified based on reader’s personal opinion instead of on what established law or practice says. In summation, disregard the law in these cases and simply give your well-considered opinion.
Case A: The Right to an Occupational License
Dr. Davis, a medical doctor in the community in which you reside, was convicted of shooting one of his neighbors after the two had a big fight. The fight ensued because Davis had carried on an affair with his neighbor’s wife, which the neighbor later discovered. Davis was placed on probation for five years after a plea bargain to a charge of terroristic threats. Assume you are a legislator and are asked the following questions by reporters: (a) Should Davis be allowed to practice medicine while he is on probation? (b) Should Davis be denied an occupational license if after he violates the terms of his probation, he serves two years in prison for the offense?
Case B: Would You Hire This Applicant?
You are the owner of a big grocery store in town and run a successful business. One day an applicant comes to you and applies for any job he might obtain in your store. He says he did not finish high school and smoked marijuana in the past, but no longer uses now. He further tells you that he was confined in a state institution for juveniles when he was 16 years old because he took part in a robbery with the wrong crowd. He is now 20 years old, is no longer a part of that crowd, and has been clean from drugs for six months. You desperately need someone to help bag groceries, shag carts from the parking lot, and do general clean-up when needed, but have not been able to find someone who will work for minimum wage. As sole owner of the store, you have the final decision to hire or not to hire. (a) What will you do? (b) And why?
Case C: The Right to Own a Firearm
Mr. Tate is an avid hunter and a member of the local gun club. In his house Tate has all kinds of firearms, which he uses to hunt. One night he had a serious quarrel with one of his neighbors. In a fit of great anger, Tate went inside the house, pulled out one of his guns, and shot and seriously injured the neighbor. This was his first offense ever involving a firearm. Tate was convicted and sentenced to serve five years in a state prison. While in prison, he was a model prisoner, and he was released on parole after only two years. Assume that both state and federal laws provide for Tate to be deprived of his right to own firearms. (a) Should he be allowed all his firearms back? If so, when? If not, why not? (b) What firearm restrictions would you place upon him?
Case D: The Decision to Pardon
Ferguson, one of your former classmates, while under the influence of drugs was convicted of rape, based mainly on the testimony of three witnesses who claimed to have been at the same fraternity party when the crime was committed. Ferguson is currently serving a 10-year sentence in a state prison. New DNA evidence now shows that Ferguson did not commit the rape and instead proves that somebody else at the party did it. The same three witnesses, however, say they stand by their court testimony and that for them nothing has changed. (a) Should Ferguson be pardoned as soon as possible by the governor (who is the only person authorized in the state to grant a pardon)? (b) If a pardon is given, should it restore Ferguson’s good moral character and all other rights he lost as a result of conviction?
Case E: The Decision to Seal
Andrea Jacobs is a juvenile who was 15 years old when she committed a burglary and received
two years of juvenile probation, which she completed. Before that, at age 14, she received deferred adjudication for the sale of drugs. She is now 18 years old and wants all her juvenile records permanently sealed. Assume you are the juvenile court judge before whom Miss Jacobs’ request is made. Assume further that your state law gives you, as judge, discretion to seal juvenile records. (a) Will you grant Miss Jacobs’ request? Why or why not? (b) If so, would you agree to seal just one or both offenses?
Directions
Case Study Exercise:
As senior-level students in criminology, you are now familiar with the legal system and its complexities. This exercise requires you to analyze five hypothetical case studies involving the loss and restoration of rights following a criminal conviction. You must decide what should happen in each scenario, setting aside existing laws and practices, and draw on your personal opinion and ethical reasoning.
Objective:
Critically examine each case.
Identify the ethical dilemmas.
Decide on a course of action that reflects principles of justice, rehabilitation, and societal safety.
Justify your decision-making process clearly and thoughtfully.
Case Studies:
Case A: The Right to an Occupational License – Dr. Davis
Consider the implications of probation and public safety.
Address the specific questions posed regarding Dr. Davis’s occupational licensing.
Case B: Would You Hire This Applicant?
Reflect on the potential for rehabilitation and the applicant’s honesty.
Determine your action as the store owner and provide your rationale.
Case C: The Right to Own a Firearm – Mr. Tate
Assess the balance between Mr. Tate’s hobbies and public safety concerns.
Propose restrictions, if any, and substantiate your recommendations.
Case D: The Decision to Pardon – Ferguson
Evaluate the new DNA evidence against the existing witness testimonies.
Decide on the appropriateness of a pardon and its implications on rights restoration.
Case E: The Decision to Seal – Andrea Jacobs
Discuss the pros and cons of sealing juvenile records.
Make a judicial decision on Miss Jacobs’ request and explain your reasoning.
Submission Guidelines:
Your analysis should be coherent and structured.
Each case requires a separate one-page response.
Include a cover page with the following details:
Assignment Title
Your Name
Course Name and Number
Professor’s Name
Due Date
Cite any references or arguments supporting your decisions according to APA 7th edition formatting.
Your submission should include a reference page with all sources organized per APA standards.
Upload your assignment as a single PDF file on the course portal by the due date.
Evaluation Criteria:
Understanding of ethical principles in criminal justice: 60 points
Decision making appropriateness and clarity of decision: 60 points
Justification of decision, Depth of rationale: 40 points
Adherence to APA 7th edition guidelines: 20 points
Writing quality, grammar, spelling and clairty: 20 points
Total: 200 points
Remember:
This assignment is designed to challenge your understanding and provoke thoughtful discussion on rights restoration. Your decisions may have no “right” answers, but they must be supported by sound reasoning and ethical considerations.
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