Scenario

Hermione Headress is a company president accused of embezzling from her firm. She was indicted on felony charges after the financial crimes unit searched the company computers without a warrant on a tip from a disgruntled employee, Grant Grumpy, who claims he was told to place company funds in a bank account accessible to Headress and to him. There were also emails on the computer that indicated that Headress was suspicious of Grumpy and questioned whether he was diverting funds from the company. This was never disclosed to defense counsel.

Upon her arrest, Headress tried to flee the country. She was shot by police during the escape attempt, leaving her brain injured and partially physically incapacitated. She has, of course, lost her job, her standing in the community and her life partner. The case is to be tried before a judge nearing retirement who is negotiating with Headress’ lawyer’s firm for work post-retirement.
Discussion Question

What ethical issues are raised by the search, the prosecution of Headress and the judge? If Headress is convicted, would it be ethical to punish her further? What purposes of punishment would be served? Would restitution of the money she took be adequate? Is it ethical not to imprison her when another defendant who stole a like amount would be, though he was not a middle-class, white-collar criminal?
Discussion Participation

Your initial post should contain at least 250-300 words

Read Chapters 8, 9 and 10 of Joycelyn M. Pollock Ethical Dilemmas and Decisions in Criminal Justice 9th Edition