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dirty harry dilemma

Chinese translation: 污点警探哈里困境

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03:26 Mar 10, 2007
English to Chinese translations [PRO]
Social Sciences - Law (general) / dirty harry dilemma
English term or phrase: dirty harry dilemma
什么意思
bruceyu
Chinese translation:污点警探哈里困境
Explanation:
呵呵,我正好上来。意思估计你也查到了:

“When and to what extent does the morally good end justify an ethically, politically, or legally dangerous means for its achievement?”
• Policing constantly puts its practitioners in situations in which good ends can be achieved by dirty means.

来源没细查,估计就是从Dirty Harry《警探哈里》这个片子来的,建议既说出dirty,又指出是尤指警察。试译如上。

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Note added at 15 mins (2007-03-10 03:42:29 GMT)
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或者“警探哈里污点困境”是不是更好?
Selected response from:

H. J. Zhang
Local time: 08:48
Grading comment
thanks
4 KudoZ points were awarded for this answer

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Summary of answers provided
3 +3好警察做壞事的兩難處境
pkchan
3 +2污点警探哈里困境
H. J. Zhang
4 +1警探哈里的两难境地/困难抉择
Julia Zou


  

Answers


5 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
警探哈里的两难境地/困难抉择


Explanation:
dirty harry是一部电影的名字,中文翻译成《警探哈里》、《紧急追捕令》、《辣手神探夺命枪》或《肮脏的哈里》。

Julia Zou
China
Local time: 08:48
Works in field
Native speaker of: Native in ChineseChinese
PRO pts in category: 32

Peer comments on this answer (and responses from the answerer)
agree  Jason Ma: What is the dilemma like? I wonder.
14 mins
  -> There is no context, so I don't know either.
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14 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
污点警探哈里困境


Explanation:
呵呵,我正好上来。意思估计你也查到了:

“When and to what extent does the morally good end justify an ethically, politically, or legally dangerous means for its achievement?”
• Policing constantly puts its practitioners in situations in which good ends can be achieved by dirty means.

来源没细查,估计就是从Dirty Harry《警探哈里》这个片子来的,建议既说出dirty,又指出是尤指警察。试译如上。

--------------------------------------------------
Note added at 15 mins (2007-03-10 03:42:29 GMT)
--------------------------------------------------

或者“警探哈里污点困境”是不是更好?


    Reference: http://pegasus.cc.ucf.edu/~cjreg/ethnoblecause.htm
H. J. Zhang
Local time: 08:48
Specializes in field
Native speaker of: Native in ChineseChinese
PRO pts in category: 39
Grading comment
thanks

Peer comments on this answer (and responses from the answerer)
agree  Jason Ma: It makes sense to me. Julia, I am just about to ask you more information about the movie, now John come up with one.
39 mins

agree  Danbing HE
5 days
Login to enter a peer comment (or grade)

1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +3
好警察做壞事的兩難處境


Explanation:
警察在執法時,有時會用骯髒的手段,去令壞人正法,如用正當手段,壞人可能的會無罪釋放,就是這個兩難處境。法官及大眾亦在道德判決上,同樣面對這個兩難處境。

The Dirty Harry Problem
From: Carl Klockars’ (1980),“The Dirty Harry Problem.” The Annals 452 (Nov.) pp.33-47
The Dirty Harry Dilemma
• “When and to what extent does the morally good end justify an ethically, politically, or legally dangerous means for its achievement?”
• Policing constantly puts its practitioners in situations in which good ends can be achieved by dirty means.
The Dirty Harry Problem
• When the ends to be achieved are urgent and unquestionably good and only a dirty means will work , the police officer faces a genuine moral dilemma.
• A genuine moral dilemma is a situation from which one cannot emerge innocent no matter what one does -employ a dirty means, employ an insufficient dirty means,or walk away.
The Dirty Harry Dilemma
• The danger lies not in becoming guilty or wrong, that is inevitable, but in thinking that one has found a way to escape a dilemma that is inescapable.
• Policemen lose their sense of moral proportion, fail to care, turn cynical or allow their passionate caring to lead them to employ dirty means too crudely or too readily.
The Dirty Harry Dilemma
• The only means of assuring that dirty means will not be used too readily or too crudely is to punish those who use them and the agency that endorses their use.

Dirty Harry: The Movie Plot
• In the movie Dirty Harry, Inspector Harry Callahan has a case where:
• 14 year old girl is being held captive by a psychopathic killer
• The killer Scorpio has already struck twice, demands $200,000 ransom to release the girl who is buried with just enough air to last a few hours.
Dirty Harry: The Movie Plot
• Harry gets the job of delivering the ransom.
• At their meeting Scorpio reneges on his bargain, decides to let the girl die, and kill Harry.
• Harry manages to stab Scorpio in the leg before he escapes.
• Harry then tracks Scorpio through the clinic he goes to for his leg.
Dirty Harry: The Movie Plot
• Learning that Scorpio lives at a football stadium. Harry breaks into his apartment, finds guns and evidence of guilt and confronts Scorpio on the 50 yard line. Harry shoots Scorpio in the leg to prevent escape. Harry demands Scorpio tell him where the girl is and stands on the injured leg to torture location and confession out of him.
Dirty Harry: The Movie Plot
• It turns out that the girl is already dead.
• Scorpio must be set free.
• The evidence, the confession, the girl’s body cannot be entered into evidence as the fruit of the poisoned vine.
• The exclusionary rule triumphs
Analysis
• The Dirty Harry Problem involves the juxtaposition of good ends and dirty means.
• Three questions must be asked:
– It also involves the connection between the dirty act and the good end – a matter of probabilities. How sure are you that the target is guilty?
– Are there any other means other than dirty means to achieve the goal?
– The Dirty Harry problem generally involves very serious matters or there is no dilemma. Is the matter serious enough to warrant such action?
Dirty Tricks and Nice Officers?
• Can you have both a just and innocent police officer who utilizes improper means?
• Does the officer taint themselves through involving themselves in such actions?
• The officer’s choice is between two wrongs…and in choosing either he/she sullies themselves.
The Realities of the Dirty Harry Dilemma
• The Dirty Harry Problem arises quite often in policing.
– Car stops for traffic offenses when drugs are sought.
– License plate light
– Lying to an arrestee
– New York Search Warrants
– Diamonds
The Toll of Dirty Means
• Are police more hard boiled, less sensitive to dirty tricks than citizenry?
• Does the tough mindedness of police officers reveals a lack of sensitivity to dirty means which suggest they are more likely to use such means towards good ends than the average citizen?
• Do they become ethically challenged?
The Dirty Means Must Work
• For dirty tricks to be acceptable:
• The person must be guilty
– Operative assumption of guilt
– The worst of all possible guilt
– The great guilty place assumption
– The not guilty this time assumption
Dirty Means as Ends in Themselves
• If dealing with guilty people, why not see dirty acts as rightful punishment and therefore rightful in and of itself.
• If one sees people as guilty there is justice when they are punished.
• If the courts do not punish is it not the duty of police to punish.
The Exclusionary Rule
• The more they wish to see a felon punished the more they must obey the rules.
• The exclusionary rule was designed specifically to address the Dirty Harry Problem.
• When lawmakers make too many legal restrictions do we increase the probability of police deviance?
Three Defective Resolutions
• Snappy Bureaucrats (Bruce Smith, August Vollmer, O.W. Wilson.)
• Bittner’s Peace
• Skolnick’s Craftsmen: Distinction between criminal law and criminal procedure
Klockar’s Resolution
• Police violations should be handled in the same way as other law violations with punishment.
Noble Cause Corruption
• Related to the Dirty Harry Phenomena
• The noble cause - a commitment to "doing something about bad people” -- is a central "ends-based" police ethic that can be corrupted when officers violate the law on behalf of personally held moral values.
Power Corrupts
• The power that police use to do their work, and how it can corrupt police at the individual and organizational levels.
TYPES OF NOBLE CAUSE’ CORRUPTION
• perjury
• planting of evidence
• verbal Threat and lies
• denial of basic rights
• assaults and pressure to induce confessions
• gilding evidence
Noble Cause Corruption
• posing as a solicitor to secure co-operation
• tampering with electronic intercepts
• ‘busing’ suspected offenders out of town
• taxing’ criminals seen to be beyond the law
Noble Cause Corruption
• The end or goal of policing is a moral good. However, there is a distinctive feature of policing: its use of what, under normal circumstances, would be morally unacceptable methods.
• The use of coercive force, including deadly force, is a morally bad thing.
Mean Means
• Police means may be morally bad because they infringe on rights, such as the right to autonomy, or the right not to be coerced;
• it may be a morally bad thing because the person who is coerced, is harmed; or it may be morally bad for both these reasons and/or for some other reason.
Immoral Tactics
• The same point holds for other methods used in policing, including deception, co-operating with informers who are criminals, and intrusive surveillance.
• These methods, which are immoral in normal circumstances, are necessary in order to realize the ends of policing, the protection of moral rights.
The Paradox
• Police use methods which are normally morally wrong to secure worthy ends sets up a dangerous moral dynamic. The danger is that police will think that the ends always justify the means; accept the inevitability and desirability of ‘noble cause corruption’. From noble cause corruption, they can graduate to straightforward corruption.
Acting by the Rules
• When police officers act in accordance with the legally enshrined ethical principles governing the use of harmful methods, they achieve three things at the same time. They do what is morally right; their actions are lawful; and they act in accordance with the will of the community.
Competing Considerations
• Specifically, the problem of noble cause corruption remains when moral considerations pull in two different directions, and especially when the law thwarts, rather than facilitates, morally desirable outcomes. Types of cases need to be distinguished in this regard.


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Note added at 1 hr (2007-03-10 04:48:50 GMT)
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pegasus.cc.ucf.edu/~cjreg/ethnoblecause.htm

pkchan
United States
Local time: 20:48
Works in field
Native speaker of: Native in ChineseChinese
PRO pts in category: 28

Peer comments on this answer (and responses from the answerer)
agree  Jason Ma: First time come across this term. Your version makes sense to me.
2 hrs
  -> thanks

agree  tianhe51
2 hrs
  -> thanks

agree  liuhn99
3 hrs
  -> thanks
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