Tag Archives: justice

Death Throes Of The Death Penalty: Dumb Expert, Dumb Advocates, Dumb Debate

“Next!”

As I recently concluded, the death penalty is beyond saving, not because it can’t be defended ethically and morally, but because the issues are tangled beyond repair.

The controversy over the legality of the so-called drug cocktails that somehow became our execution method of choice is a perfect example. The battles over capital punishment trapped policy-makers into this kinder, gentler, ridiculously complicated method of execution that has suffered snafus ranging from unavailable drugs to ugly extended deaths. The problem is the floating definition of “cruel and unusual punishment,” prohibited by the Constitution, but almost entirely subjective. Many judges think killing a killer is itself cruel by definition, and the more reluctant Western Europe becomes to execute the worst of the worst, the easier it is to make the argument that the death penalty is also unusual.

I don’t get it. I never have. India once executed condemned criminals by having the subject place his head on a stump under the raised foot of  trained elephant, which on a command would smash the head like a grape. Quick, painless–messy!—but virtually fool-proof. A pile-driver would be an acceptable equivalent.  Ah, but ick! In this stupid, stupid, intellectually dishonest debate, ick always equals “cruel and unusual,” because to opponents of the death penalty, killing people, even horrible, dangerous people, is inherently icky.

(Oddly, ripping unborn babies out of the womb is not, but I digress.)

I’ve admitted it, and I will again. (This lost Ethics Alarms Luke G., one of its best commenters the last time.*) It is obviously wrong to intentionally prolong an execution or deliberately cause pain, but if the occasional execution is botched and the condemned suffers, that should be cause for great rending of garments, nor should it be used to discredit capital punishment. As I wrote here about Clayton Lockett’s execution in Oklahoma

“There was no question of Lockett’s guilt, and his crime was inhuman. Such wanton cruelty and disregard for innocent life warrants society’s most emphatic rebuke, and the most emphatic rebuke is death. It is essential that any healthy society make it clear to all that some crimes forfeit the continued right to not just liberty, but also life. Anyone who weeps because this sadistic murderer experienced a few extra minutes of agony in the process of being sent to his just rewards has seriously misaligned values. No method of execution will work every time, and to make perfection the standard is a dishonest way to rig the debate. If the death penalty is justified, and it is, then we should expect and accept the rare “botch.” Meanwhile, if the concern really is efficiency, reliability, speed of death and minimal pain, there are literally dozens, maybe hundreds of methods of swift execution that would accomplish this. They just won’t pass the standards of death penalty opponents, because no method will.”

Today the Supreme Court heard oral arguments on the question of whether Oklahoma’s use of the common surgical sedative midazolam did not reliably make prisoners unconscious during lethal injections, thus violating the Eighth Amendment’s protection against “cruel and unusual punishment.” It’s a ridiculous case, which arises out of the botched April 2014 execution of Lockett that sparked the post I just quoted. It is a ridiculous case because the method of execution isn’t worth arguing over. Elephant. Head. Problem solved. Why is Oklahoma fighting about which cocktail to use? This is the anti-capital punishment team’s game, and sooner or later, the result is preordained.  Continue reading

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Filed under Health and Medicine, Law & Law Enforcement, Professions, Research and Scholarship, Science & Technology, U.S. Society

Tsarnaev’s Irrelevant Finger And The End Of Capital Punishment

dzhokhar-tsarnaev finger

I’ve stated here several times that I am in favor of the death penalty when it can be shown beyond any doubt whatsoever that an individual committed a horrific, cruel, unequivocally inexcusable murder or murders, preferably murders. One of the two Boston Marathon bombers, Dzhokhar Tsarnaev, the surviving one, clearly qualifies. Unfortunately, the public, the law and the legal profession are too confused to bring integrity to capital punishment, and I think, because of that, it can never be sufficiently fair and coherent to be ethical. Continue reading

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Filed under Citizenship, Etiquette and manners, Government & Politics, Law & Law Enforcement

Fugitive for 39 Years Turns Himself In For Free Health Care…Wait, WHAT??

"Oh, Mr. Moore? We have that bed you made 39 years ago. Now lie on it."

“Oh, Mr. Moore? We have that bed you made 39 years ago. Now lie on it.”

From NBC:

“…Clarence David Moore, 66, called the Franklin County (Kentucky)Sheriff’s Office on Monday and said he wanted to turn himself in, the sheriff’s office said. When deputies arrived, they found Moore — who’d been living in Frankfort since 2009 and had ID’d himself as Ronnie Dickinson — partially paralyzed and unable to walk because of a recent stroke. He was arrested and taken by ambulance to a hospital for examination before he was taken to the Franklin County Regional Jail.

“Sheriff Pat Melton told NBC station WLEX of Lexington on Tuesday that Moore said he’d escaped from the Henderson County, North Carolina, Prison Unit in the mid-1970s and has been on the lam for almost four decades. But as he got sicker, he couldn’t get medical coverage to pay for the complications of his stroke and other health problems, because he doesn’t have a valid Social Security number under his alias…Moore was arraigned Tuesday morning and waived extradition to North Carolina on a charge of being a fugitive from another state. He was being held without bond pending his being returned sometime this week….”

I hate to appear uncharitable, but I don’t understand this at all.

Moore chose to defy the justice system for 39 years, and now wants to get the benefit of it on his terms, when it’s useful and convenient to him?

He chose to avoid paying his debt to society. Society certainly has no debt to him. The ethical course is for the North Carolina’s governor to pardon Moore, and allow him to fend for himself, stroke or not. For taxpayers to have to foot the bill for a felon’s health care when he has shown nothing but utter contempt for the justice system is a travesty of justice, logic and ethics. If it’s compassion at issue, take the money that would have to be spent on Moore and use it to help an elderly law-abiding citizen who can’t pay his medical bills.

Or burn it.

Does the State have some subtle ethical obligation to the fugitive that I’m missing?

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Filed under Ethics Alarms Award Nominee, Government & Politics, Health and Medicine, Law & Law Enforcement

A Remorseful Prosecutor Apologizes

Above: Glenn Ford Today. L-Ford in 1983 R-The apologetic prosecutor

Above: Glenn Ford Today. L-Ford in 1983 R-The apologetic prosecutor

Now THIS is a #1 Level apology on the Ethics Alarms Apology Scale.

It’s more than an apology, really: it approaches self-flagellation. The tragic aspect of the confession and apology of former prosecutor  A.M. “Marty” Stroud III,  is that no one can really apologize for what he did, not after 30 years. For Stroud was the lead prosecutor in the December 1984 first-degree murder trial of Glenn Ford, who was convicted and sentenced to death for murdering Isadore Rozeman. Ford was innocent, and was finally released a year ago. His is a classic, horror story of justice derailed. Continue reading

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Filed under Character, Ethics Alarms Award Nominee, Law & Law Enforcement, Professions

Ethics Quiz: What’s Fair Punishment For The Chick-Fil-A Video Vigilante?

Oresdtes thought the Furies were tough, but today's internet Furies never stop...

Orestes thought the Furies were tough, but today’s internet Furies never stop…

I previously wrote about Adam M. Smith, the ex-CFO of  a Tucson medical supplies manufacturer who filmed himself dressing down a Chick-fil-A drive-in employee and placed the video on YouTube. I said in part…

“He’s a vile bully and a jerk, who thinks it appropriate to embarrass and abuse an innocent employee of a restaurant because he happens not to agree with the politics and moral positions of the company’s owner…The video served to alert millions to beware of this rude, rabid and self-righteous champion of gay rights, who equates faith-based advocacy for the current law of the United States of America with “hate.”

I was more accurate than I knew. Now we learn that since that August, 2012 fiasco which cost him his job, Mr. Smith has fallen on hard times. His self-posted indictment of his own character has poisoned his reputation and career. When he found a new job, he was later fired for not alerting his employers about the incident. When he has raised the video to potential employers, they have declined to hire him. Where he was once earning a six-figure salary, had $1 million in stock options, and lived in a stylish home, he now lives in an RV with his wife and four children, and is existing on public assistance.

It all sounds like the plot of an Adam Sandler movie.

Your Ethics Alarms Ethics Quiz today is…

Is Adam M. Smith the victim of excessive social media punishment for one ill-considered act?

Continue reading

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Filed under Business & Commercial, Character, Etiquette and manners, The Internet, U.S. Society, Workplace

The Petraeus Deal and Justice In America

broadwell

I’m in a rush to get ready for a law firm seminar, so I’m going to mostly let Ken White at Popehat do my work for me, as he is very qualified to do in this case. In his comments on the David Petraeus plea deal, Ken quite appropriately raises questions of why such serious crimes as the acclaimed general and former CIA head engaged in do not warrant prison time, and he answers thusly: Petraeus is rich, famous and has powerful friends.

Ken obvious believes those aren’t good reasons, and I agree with him. Nor are the other rationalizations that the general has suffered enough, that he isn’t really a criminal, that the nation owes him, or that he is a valuable resource for the nation that we are better served by not storing behind bars.

I believe that Petraeus has less excuse for his conduct than the typical defendant, and that as a celebrity, war hero and tole model, his defiance of the law is more serious, and more deserving of punishment, than the majority of non-violent criminals who go to jail. Indeed, Petraeus had styled himself as a moral exemplar. I read yesterday—I don’t have time to find the link—that Edward Snowden’s lawyers sent a cheeky message to prosecutors that Snowden would be happy to accept a similar deal to Petraeus’s.  Exactly.

These incidents do terrible damage to the public’s trust in the justice system’s fairness, and they should. Plea deals like this, bought with lawyer fees, bias and influence, are unequivocally wrong.

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Filed under Ethics Alarms Award Nominee, Law & Law Enforcement, Literature, War and the Military

A New, Seductive And Sinister Way To Be Unethical: Shoplifter Extortion For Profit

CEC

If you are accused of shoplifting in Chicago, New York, San Francisco, Boston, Dallas, Houston, San Diego, Los Angeles, Miami, Atlanta, and a growing number of other cities, you may face an unexpected choice. If the store you were shopping in participates in a program operated by  the Utah-based Corrective Education Company, you will be asked to choose between talking to the police, with the risk of being arrested, or leaving the store without facing law enforcement, after you sign an admission of guilt and agree to pay $320 to take an online anti-shop-lifting course.

What??

Slate informs us that about 20,000 people around the country have faced versions of this dilemma since CEC began operations, and chose option B—enriching CEC, and the stores as well. The interesting approach was started by two Harvard Business School graduates—that figures—and is sold as a win-win-win-win:

“It saves retailers time that they would have to spend dealing with the police; it frees up law enforcement resources that could be spent on higher priority cases; it reduces the likelihood that a shoplifter will come back to the store to steal again; and it gives second chances to offenders who would otherwise be saddled with a criminal record for life.”

Right.

It’s unethical you know. I wonder if the company knows? Continue reading

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Filed under Business & Commercial, Ethics Alarms Award Nominee, Law & Law Enforcement, The Internet