The problem is that these quandaries are then used to justify shitty behavior in other circumstances. What percentage of cop beatings save lives versus total cop beatings? 0.2%? 0.02%? What's the point of your question? What does the knowledge that you will be beaten if a cop suspects you of a terrible crime do to your state of mind? To the safety of police officers? To society?
I'm concocting a situation that I would like you to consider. Answer, please, with just as much gravitas. Let us imagine a society where beating or harassing anyone is absolutely taboo. In this society, no one need ever worry about physical violence. A woman could walk naked from Chicago to California never once being harassed. An elderly man could walk anywhere carrying a fat wallet of cash without fear of physical violence.
There is the rare and occasional thief, however. Now, one of these thieves steals a car and leaves a child baking in the sun in much the circumstances you describe. Beating the thief is the only possible way to save the child from a grizzly, horrendous, agonizing death, screaming alone for her mother.
But, once done, the beating breaks that taboo. Those police officers are a bit more likely to use violence to get what they want. It's a bit contagious, too. Other people begin to use violence. Bear with me, here. Let's say, because that taboo is broken, 100 more people are beaten over the next decade, and 1 or 2 of them die from their injuries. None of them "deserve" it.
Would you say it was worth it, to beat the man to save the life of that child, knowing that 1 or 2 people die and 100 are beaten, directly because of that?
Not really. It was a story that a philosophy book used to illustrate a conundrum. It bore resemblance to "actually happened" like a film "based on true events". Are we taking the word of the cops and philosophers or does the man himself have something to say about it? What would have happened if the cops didn't beat the man? We will never know.
But ok, let's grant it, for the sake of argument. For our purposes, it is the unvarnished reality, precisely as the book said. The cops had to beat the man or the child would have died.
The beating of the man had unknown consequences, however, and the construction of the scenario elides them. Is it worth it to live in a society where cops beat thieves to extract information from them? We don't have to guess. Look around you (I mean, assuming you live in the US or similar country in that respect). Do cops only beat men to extract life-saving information from them? The unintended consequence of "it's okay to beat this man just this once" is readily apparent. It never is just the once in that exceedingly rare scenario, is it?
Now, you can answer my question. In the magical society where cops do not beat people, but then do, is 100 beatings and 1 or 2 deaths worth the life of 1 child?
As it happens, we know what would've happened had the police not beat him, because they tried that first. The man refused to say where the car was. He would rather let a child die than admit to car theft. Of course, maybe, if they had let the child die a magic genie would've prevented all future crime - it's as plausible as your hypothetical - so maybe the police did wrong after all...
As for your question my moral judgements are tuned to reality, not nonsense fantasy land. I don't have a strong sense of what is right and wrong in a universe that does not obey causality as I know it. I would, however, be willing to beat the thief if it were my child in the car.
> Would you say the police did anything wrong?
Yes, obviously. At the very least, they very obviously broke a law. They should file charges against themselves. The legal system is not absolute and a court / jury can decide about extenuating circumstances.
I can think of few laws that don't allow me to construct some extremely hare-brained counterexample where it might be morally justified to break them.
Laws are ethics - they are rules that tell us how to act. Right and wrong are descriptions of morality - which is about good and bad. It's certainly a violation of the clearly established rules to beat a man to save a child, but it's not obviously wrong to do so. I would say it's not wrong at all.
I don't think that's a fair interpretation of what was said. The claim made was that they broke the law, which is wrong to do on deontological grounds, especially for the institution tasked by society with enforcing the law. They may be justified by utilitarian ethics, but a police department setting the precedent of "if we believe the need is great enough, we are free to ignore the law" is both wrong and illegal. That's the fundamental principle at stake here - the same base argument that leads governments to suspend civil rights for the sake of security. "It is terrible for these people to die, so we need more power to prevent it." A ratcheting system that cedes ever more ground to autocratic forces. It's not like this process has been particularly hidden from us; there are many here who remember the US before the PATRIOT Act was put in place, after all.
The cost of not beating this thief might have been a child's death. The cost of beating him is instilling a norm that police have the right to beat prisoners. And because the change in societal norms is so slow, and the grief of a dead child so sudden, this always seems like a good trade. You would be a monster for saying that the rights of a car thief are worth a dead child. Until police prisoners have no rights. Until political prisoners have no rights. Until people have no rights.
End-to-end encryption is evil! Only a criminal would want to hide their activities from the police! A social credit system rewards pro-social activity and prevents instability! This state of emergency is only temporary - life will return to normal very soon! A surveillance state is much safer than a free one. As long as you have no issue with the state.
The civil rights we benefit from are measured in the blood of innocents. As cold-hearted as it is to say, if we are not willing to allow innocent people to die to protect civil rights, we will not have them for long.
That...depends on your chosen deontological framework. In deontological ethics some acts are morally obligatory (or prohibited) independent of their effects on human welfare, but which acts are obligatory or prohibited depends on the deontological framework selected.
You could select a deontological framework where “obedience to the letter of the law” is always morally obligatory, but I think most people who subscribe to deontological ethics would nonetheless reject that framework.
I would say yes they were in the wrong. It was a bad choice even if its one I would likely make myself. Maybe the insistence that morality is strictly on a continuum from "good" to "bad" is part of the issue.
In theory since the case is so trivial they could be convicted and immediately given complete presidential pardon with clean record or whatever is the equivalent.
Or jury nullification can be used. There would be no way I as a juror would declare them guilty.
"Torture is bad and should be abolished".
"Well, what about this other, very contrived situation where it's good?"
You can use that non-sequitur to justify literally anything. "Murder, slavery and rape is bad". "Well, what about this situation where it did good?"
There are only people who inexplicably insist that a tortured non-sequitur is a pro-torture counterfactual.
You attack the problem with the rule of law, not unleashing your justice system from the reins of lawful behavior whenever they internally deem it convenient.
Turning it around, how would you like if the police tortured your child in a case of mistaken identity? Looking at the members of my high school class who became cops, they weren't exactly known for being the brightest bulbs in the box, but always acted with confidence despite that.
No, it's not, and the divergence between reality and this description is increasing, essentially monotonically, over time, with legal incorporation of “victim’s rights” into the criminal justice process.
That's not to say it shouldn't be as you describe, just that it isn't.
https://www.justice.gov/usao/resources/crime-victims-rights-...
They don't extend to the decision making process for others' investigations and prosecutions.
Yes? They beat the man.
Should they have done it (acted wrongly)? I don't know, they have their own free will.