Problem
On March 24, 2000, Alfred E. Coxe, 47, was killed when he was struck by a forklift at McWane's Atlantic States facility in Phillipsburg, N.J. OSHA initially levied civil fines of $28,000, but the incident later became part of a far-reaching criminal investigation by the Department of Justice. By December 2003, a federal grand jury had returned a 35-count indictment against Atlantic States and five of its managers.
The defendants faced a host of allegations, including conspiring to cover up the circumstances of Coxe's death. The indictments and subsequent trial resulted in convictions for violations of environmental laws, as well as making false statements to the government during investigations of burns and amputations, and creating an "atmosphere of fear, intimidation and retaliation" against employees as part of a broad conspiracy to violate various federal laws.
McWane and several of its managers at Atlantic States were also accused of violating the Clean Air Act and the Clean Water Act, and of obstructing OSHA. Because the defendants were each charged with several crimes, the jury eventually found the group guilty on 70 counts, including 52 felonies. Only one defendant, Atlantic States' engineering manager Daniel Yadzinski, was acquitted. Sentencing is scheduled for April 2008.
Using Kohlberg's Model of Moral Development, construct a moral argument to suggest that "perhaps not all people are capable of being moral" and explain.