Presumption Of Guilt Is Wrong

The accidental discovery, by a teacher, of suspected stolen goods in a student’s bag is problematic. Is one entitled to act on a wrongful search, albeit accidental, and further, is the presumption of guilt fair/valid? Firstly, consider what action(s) is directed by principles of obligation/duty (Deontological). Secondly, consider the negative and positive consequences of possible responses to determine which course of action achieves the best possible outcome (Consequentialist).

I Deontological – there are conflicting duties: duties of principle, professional duties, and obligations as a community member. Which duty takes precedence? A) Duty not to act ← Search of bag was violation of privacy, regardless of accidental or not. What …show more content…
It’s not inconceivable that Rodney purchased or was given items. There may be a reasonable explanation. Recent behaviour suggests a positive change. It is wrong to brand him a thief and not give him the benefit of the doubt. ← Could there be cultural issues? (E.g. Aboriginal view may not view shoplifting in the same way.) ← Respecting Rodney as a moral agent is an obligation so others respect us equally ← (Is doing nothing just a social and professional evasion of responsibility?)

B) Duty to …show more content…
← Discouraging wrong behaviour encourages honourable behaviour. This will help Rodney grow up to be a better person. Better to stop Rodney now before it escalates into a life of crime. ← Sensitive response to Rodney will validate his trust in authority figures and encourage developing trust. ← Prevent possible parental beating. ← Teaching values will help Rodney learn values. ← If we privately approach Rodney in a caring manner to discuss shoplifting we may be able to preserve the improvement in his studies and behaviour and convince him of the error of his ways and thereby Rodney becomes an asset the community instead of a liability. ( Also holds for II.B)

B) What could be the consequences of informing school/school superiors? ← Receive more help with the situation (input from counsellors, year advisors, principal) a team response more likely to produce better strategy for dealing with Rodney. ← Fulfil contract of employment as teacher, maintained professional integrity which is also good for teaching career. ← Avoids suggestion of favouritism (unfairly protecting Rodney) would erode position of authority and moral