Ethical/Moral Dilemma in Johnnie Portis case

Ethical/Moral Dilemma in Johnnie Portis case

Introduction

Ethical or moral dilemmas are commonly faced by people in all walks of life and the criminal justice system is no different. Probation and parole officers also have to face ethical dilemmas and the Code of Ethics of the American Probation and Parole Association requires from the probation and parole officers to deliver services that are appropriate to the justice system and also to the community at large, thereby assisting the offender in achieving social adjustment (Muraskin, 2001). For the purpose of illustrating the moral dilemmas that a parole board member has to face, Johnnie Portis's case is considered. Johnnie Portis is repeatedly denied parole on the basis of the consideration that he 'currently poses an unreasonable risk to society if released'. Being a member of the board, the ethical dilemma that was faced was that the constitutional rights must be granted, specifically, due process and equal protection and that the heinous crime that the parole board focuses on was committed 40 years ago and hence the stable social history that he has shown over the years need to considered in the current decision.

Brief overview of the case

Johnnie Portis, in 1974 pleaded guilty to first degree murder of Chester Phillips, whom he beat to death with a wooden board on 22 Dec, 1972. He was therefore, sentenced to an indeterminate life term, with a minimum of 6 months. He was 17 years old when he committed the murder. According to the report of probation, a witness saw Portis walking up behind Phillips, placing his arm around the neck of the victim and pulling him to a vacant place. Portis was then seen running with a board while the police officers found two chairs over the body of Phillips when they found his body. Moreover, the watch and wallet of the victim were also missing when the body was found. It was in July 1973 that Portis was arrested and he later confessed of the crime he had committed. In his confession Portis stated of taking LSD a day before he committed the murder while on the night of the murder he was having flashbacks of it. Portis' encounter with Phillips in the street resulted in argument between the two and finally in Portis picking up a board which he struck him 2 to 3 times and ran away from the scene with another man who also kicked Philips a couple of times. Portis when returned to the scene of the crime after drinking a beer, he realized that Philips was dead and hence moved the body in the vacant area further and placed two chairs over the body so that it did not come into notice of the passersby (JOHNNIE PORTIS on Habeas Corpus, 2010).

Portis had repeatedly filed for parole but has been denied by the Board of Parole Hearings. Portis filed a petition for a writ of habeas corpus suggesting that the decision of the Board ...