Year: 2011

Something For the Casey Anthony Lynch Mob to Think About

/ Jack Marshall / 28 Comments

So they cut some corners....

The New York Times reports that John Bradley, a software designer who testified at the Casey Anthony murder trial that Anthony had visited a website regarding the use of chloroform 84 times, now says that he made a mistake, and that in fact Anthony only accessed the site exactly once. The finding of 84 visits was used by prosecutors repeatedly during the trial to suggest that Ms. Anthony had planned to murder her 2-year-old daughter, Caylee.

The designer realized his mistake after reworking his software.  Bradley told the Times that he immediately alerted a prosecutor, Linda Drane Burdick, and Sgt. Kevin Stenger of the Sheriff’s Office in late June to make them aware of his new findings. Yet the prosecutors never corrected the record or alerted the defense, as they are required to do under the law.

What does this mean? Continue reading →

Dear God: Stop Calling!

/ Jack Marshall / 25 Comments

We now have heard two pretenders for the Republican nomination, Rep. Michele Bachmann and unannounced tease Texas governor Rick Perry,suggest that they have been “called” to run for the White House. In other words, God told them to do it. Apart from the fact that this posits the existence of a rather disloyal and mischievous deity who enjoys starting fights among the faithful for the fun of it, a politician claiming to be endorsed by the Almighty is unsettling in many ways—so unsettling, in fact, that I  think the statement alone is grounds for disqualification for high office, since it strongly argues for a diagnosis of deranged.

Besides that, it is also unethical:

  • If not an indication of insanity, it shows dishonesty, and a frightening willingness to manipulate the gullible and trusting.
  • It is immodest and disrespectful to competitors, like baseball players saluting God after a home run, as if He decided to give a boost to his favorite player on his favorite team. (I have sometimes wondered why  players don’t make the same “Thanks, God!” gesture when a player on the opposing team gets injured on the field.) It takes a trivial and self-centered view of God to presume that the all-powerful creator of the universe has nothing better to do than to mess with the run spread in a baseball game, and only a slightly less trivial and self-centered attitude to believe that He is handicapping the GOP presidential field, and finds the other choices so flawed and sinful that He has to play kingmaker— just like with David in the old days. Continue reading →

Shocking Report: “Zero Tolerance” Policies Are Stupid and Destructive. Who Knew?

/ Jack Marshall / 3 Comments

If you wanted proof of the utter stupidity and recklessness of no-tolerance policies in the schools, your search is over.

A study of the effects of  ‘Zero Tolerance’ programs in Texas public schools by the Council of State Government’s Justice Center reveals that:

  • Six out of ten Texas high school students have been suspended for expelled or suspended from class at least once over the past six years.
  •  15 % of students were removed from the classroom eleven or more times for disciplinary reasons.
  •  83% of African-American students in Texas have been expelled at least once by the time they graduate
  •  African American students and those with educational disabilities experience a disproportionately higher rate of removal from the classroom for disciplinary reasons. Continue reading →

James O’Keefe—Still Faking, Still Recording, Still Unethical

/ Jack Marshall / 3 Comments

This is all your fault, Allen Funt!

The latest James O’Keefe Candid Camera stunt is supposed to show corruption in the Medicaid system. As in his earlier video hit-jobs on ACORN and NPR, O’Keefe’s colorful crew of community theater rejects pose as outrageous and unsavory stereotypes—this time, drug-smuggling Russians with the worst accents since “Rocky and Bullwinkle,” who are pimping out their “sisters” for sex. The O’Keefe Players manage to find a jolly, badly-trained, none-too-swift Ohio Medicaid worker who giggles away their confessions of wanting to defraud Medicaid and dealing illegal drugs. The video of the dumb encounter—dumb charade, dumber government employee—has been posted on YouTube. More of the same, presumably, is on the way.

If you’re as bored with this as I am, please tell O’Keefe to stop. Of course his act is as unethical as his “Russians'” accents are embarrassing: Continue reading →

Ethics Hero: Jim Brown

/ Jack Marshall / 4 Comments

Wne Jim Brown talks, people tend to listen.

I have mixed feelings about Jim Brown, the legendary N.F.L. running back and former movie star (“The Dirty Dozen”), stemming from the fact that loving a woman and beating her up never seemed to be mutually exclusive actions to him. His domestic problems aside, however, Brown has also periodically used his fame and status to draw needed attention to important issues, and he has just done so again, calling out the N.F.L. players’ union for apparently failing to make the welfare of retired players part of their impending deal with the league’s owners.

“Why isn’t the union talking about health care, better health care?” Brown recently told reporters. “Why aren’t they talking about better pensions? You definitely need a health plan that goes beyond five years; you definitely need a better pension plan.” Continue reading →

Judicial Non-Ethics, Pennsylvania Division: Now THAT’S a Conflict of Interest!

/ Jack Marshall / 7 Comments

The judge apparently found the meter to be in contempt of court.

Lancaster, Pennsylvania District Judge Kelly Ballentine dismissed several of her own parking tickets and an expired registration ticket within the past year, according to court records.

“According to the state Judicial Conduct Board’s rules, district judges should disqualify themselves in proceedings where they are a party,” notes the news report.

Yes, I rather think that’s a good idea, don’t you?

It appears that Judge Balentine’s colleagues understand this not-so-fine point of conflict of interest principles and basic ethics: a check of court records with regard to all of the county’s district judges revealed that those who had parking or traffic tickets had another magisterial judge handle their cases at the district court level. Sometimes we hear objections to court proceedings in which a judge over-stepped his or her proper role and became de facto “judge, jury, and prosecutor.” A judge serving as judge, defendant and defense attorney, however, is much, much worse. Continue reading →

Integrity, Soccer, and Ties

/ Jack Marshall / 4 Comments

Kissing your sister is better than this.

Honest, this has nothing to do with disappointment over the U.S. women’s soccer team’s loss in the World Cup Finals: I couldn’t care less about soccer of any kind, at any level. But a lot of people do care (my sister and niece are probably under a suicide watch as I write this, so I think that the sport needs to address its integrity deficit.

To be specific: having a major title or tournament in any team sport decided by something as artificial and unteamlike as soccer’s shoot-out tie-breaker is a breach of that sport’s duty to its tradition and its fans. It is solution for solution’s sake, abandoning the purpose of the contest so as to have a resolution, no matter how unfair, cynical, or unrelated to what has gone before. Continue reading →

A Radical Suggestion to Foster Tax Fairness

/ Jack Marshall / 20 Comments

Maybe it should be more. But it is far from "unfair." That 99%, however...

The interminable and depressing negotiations over raising the debt limit have recently featured unseemly demagoguery from the President about making “millionaires and billionaires” pay their “fair share” in taxes. I have no ideological objection to raising tax rates on the richest Americans and even Americans like me; after all, as Willy Sutton pointed out when explaining why he robbed banks, “that’s where the money is,” and we have to pay our bills somehow. The fairness argument, however, is dishonest, and blatantly unfair.

It is unfair because the richest 1% of Americans pay close to 40% of the total tax revenue. Now, that 1% also have a lot of money, but they use a lot of that money to run businesses, create new products and services and hire employees. Maybe they should pay even more, and maybe they get too many tax breaks. To say that paying 40% of the total tax revenue is something to be ashamed of, however, is dishonest. Continue reading →

The Ethics of Stopping the Condemned From Accepting Death

/ Jack Marshall / 11 Comments

In Oregon, a judge has granted death row inmate Gary Haugen’s motion to dismiss his lawyers after they persisted in taking measures to block his execution. They had declared he was not mentally competent to waive his appeals and allow his own state-decreed death to proceed.

Leave it to lawyers to be convinced that they know what’s best, even when it involves someone else’s wishes about his own life and death.

Is the condemend prisoner who approves of his own excecution insane, or courageous?

In an attorney-client relationship, the lawyer is ethically bound to do what the client wants as long as it is legal and within the bounds of the ethical constraints on the lawyer. A lawyer can render advice and should; a lawyer can explain the legal consequences of a course of action. But substituting the attorney’s judgment for that of the client is taboo…except, all too often, in cases like this one, in which a death row inmate decides that letting justice take its course and accepting the state’s death decree is preferable to rotting in prison.  Continue reading →

Incompetent Elected Official of the Week: Rep. Sheila Jackson Lee (D-Tex)

/ Jack Marshall / 22 Comments

“I do not understand what I think is the maligning and maliciousness [toward] this president,” said Rep. Sheila Jackson Lee, a member of the Congressional Black Caucus. “Why is he different? And in my community, that is the question that we raise. In the minority community that is question that is being raised. Why is this president being treated so disrespectfully? Why has the debt limit been raised 60 times? Why did the leader of the Senate continually talk about his job is to bring the president down to make sure he is unelected?”

Unbelievable.

As is often the case, and is especially often the case with Lee, we are faced with the puzzle of deciding whether an irresponsible and unfair statement by an elected official arises out of a conscious exercise in cynical and dirty politics, or because the elected official involved is just dumb as a box of pet rocks. In this case, my guess would be “both.” Continue reading →