Year: 2011

Ethics Dunce: Mercedes Colwin

/ Jack Marshall / 16 Comments

It's a mystery: why would Fox News choose her as a legal analyst?

Attorney Mercedes Colwin, an attorney and Fox News commentator, just committed pundit malpractice while discussing the Casey Anthony verdict on Sean Hannity’s radio show. Her professional biography says that she has practiced criminal defense law. If so, she has done so laboring under some serious legal ethics misconceptions.

Said Colwin, in response to Hannity’s query about her past representation of guilty defendants:

“If my client says he did it, then I can’t defend him. I can’t then go into court and say he’s innocent; I’m an officer of the court, Sean!”

What??? Wrong, wrong, outrageously wrong, inexcusably wrong! And also: ARRRRRGHHHHH! Continue reading →

Ethics Heroes: The Casey Anthony Jury

/ Jack Marshall / 46 Comments

America saved Casey Anthony, and we should be glad it did.

A Florida jury pronounced Casey Anthony not guilty of murder, aggravated child abuse or aggravated manslaughter in connection with the 2008 death of her two-year-old daughter, Caylee. It did find that she had lied to investigators and police, which was well-established during the trial.

Did she murder her daughter, as the prosecution claimed? Oh, sure she did; I don’t think any of the jury members will be asking Anthony to babysit for their kids any time soon. But the case against her was circumstantial. She was proven to be a liar, irresponsible, feckless, self-centered, deluded and callous, and the prosecution’s theory made a lot more sense that the defense’s alternative scenario. Still, there was not enough evidence to find Casey Anthony guilty of murder beyond a reasonable doubt. That’s the standard, not “it’s almost certain that she did it.” Despite all the media pundits who said it would be a slam-dunk conviction, despite all the community sentiment to make the party girl mother pay with her life for killing her child, the evidence to meet the intentionally tough standard of American justice just wasn’t there.

Already, reporters and commentators are comparing the verdict to the O.J. Simpson trial. Wrong. Continue reading →

Ethics, Porn, and the Creepy Professor

/ Jack Marshall / 5 Comments

The Ronald Ayers saga raises the intriguing, Weiner-esque ethical issue of whether a college professor being creepy is sufficient reason to fire him.

The former economics professor was fired by the University of Texas for viewing pornography on an office computer, which the University’s policies forbade. The chain of facts has the ring of Kafka: 1) a student claims he hears “sexual noises” emanating from Ayers’ office, which 2) is considered sufficient provocation (the professor denied the accusation that he was not “master of his domain” at work) for the school to search his computer, which 3) uncovers evidence that he looked at some pornographic sites, and 4) also that he searched for the term “teen,” which 5) the university deems sufficient to indicate that he was searching for child pornography, so 6) they fired him, after three decades and tenure on the faculty.

University records say Ayers at first denied the allegations that he viewed pornography, but when confronted with a printout of his computer records, admitted that it may have happened “at the end of a long work day.” Ayers later told administrators seeing the porn was for “academic research.”

Uh-huh… Continue reading →

Fick Sighting in Prince George’s County

/ Jack Marshall / 6 Comments

Leslie Johnson, fick.

Ethics Alarms recently coined the useful term fick to describe the especially shameless individual who violates society’s ethical norms openly, publicly and flagrantly, without remorse or apology. It takes a certain kind of anti-social arrogance to be a true fick, with the gold standard established by Michigan lottery winner Leroy Fick, a millionaire who happily continues to collect food stamps because of a statutory loophole despite howls of indignation from his neighbors in one of the most fiscally-challenged states in the nation.  Other ficks who have come to light include Hugh Heffner despicable ex-fiance Crystal Harris, who plotted to humiliate him at the altar to launch a reality show. Of course, there is  longstanding Octo-fick Nadya Suleman, and celebrity fick Charlie Sheen.

Now lucky Prince George’s County in Maryland has a bona fide fick of its own.  Continue reading →

Deadly Incompetence in Seattle….Luckily, It Was Just a Game

/ Jack Marshall / Leave a comment

I know about the ADA, but still...hiring blind umpires who can't count just isn't working out...

It is rare that an ethics outrage repeats itself so closely that I could recycle a previous essay and just change the names. This occurred, however, in Seattle this past Saturday, in the baseball game between the Mariners and the San Diego Padres. San Diego’s Cameron Maybin walked on a 3-2 count (four balls are required by the rules) and eventually scored the only run of the game on Antonio Gonzalez’s fifth-inning single, allowing the Padres to defeat the Mariners 1-0 on Saturday night.

With one out in the fifth, Maybin walked when a pitch was called high by home plate umpire Phil Cuzzi. A video review of the at-bat by official scorer Dan Peterson confirmed the count should have been 3-2 when Maybin trotted to first base, meaning that his turn at the plate wasn’t completed. But Cuzzi, who like all umpires carries a pitch counter, saw that the stadium scoreboard showed a three-ball count before the pitch, and since 1) technology is always right 2) he wasn’t paying attention 3) he can’t count to “4” and 4) (or is it 3?) it isn’t like calling balls and strikes is his job or anything, he decided that the player had earned a base on balls. Continue reading →

Ethics Quote of the Day: The Washington Post

/ Jack Marshall / 11 Comments

OK, Tea Party, this should be right up your alley.

“We hope that some members of Congress’s new “Tea Party Caucus” can make it down to the fireworks Monday night. It might be a good time to reflect on the primary motivation for the original Boston Tea Party, which was that Americans should not be taxed by a government in which they had no parliamentary representation. That right to a voting representative is still denied to all who live in the nation’s capital, and some of them must be wondering why members of Congress who so revere the Founders haven’t done something about it.”

—The Washington Post editorial board, in a “footnote” to its editorial about the enduring importance of the Declaration of Independence.

Little more needs to be said. The fact that the citizens of the District of Columbia, who number more than the populations of several states, are unrepresented in the House and the Senate is beyond disgraceful. Yes, there are troublesome issues to be worked out. It is also clear that if the either political party placed a higher priority on fairness and self-government than it did on political considerations, the problem would have been settled by now—after all, the District has been without representation for more than 200 years.

Most of the blame, however, goes to the Republicans, who have been obstructing D.C. representation for the most naked of self-serving motives: it is a predominantly African American, knee-jerk liberal city, and would surely contribute two Senators and one Representative to the Democratic cause. (This is also an example of a self-fulfilling prophecy, since the memory of how the GOP blocked its citizens from the most basic American right will and should keep the District deep blue until the stars turn cold.)

Well, too bad: the fact that most DC residents are Democrats is no excuse for keeping them from meaningful participation in national lawmaking. The Post is exactly right: if the Tea Party has integrity and is true to its principles, it will firmly endorse representation for the District of Columbia. This would also have the beneficial side effect of ending the liberal trope that the Tea Party is racist at its core. The main reason for doing it, however, could be more obvious. It is the right thing to do, and overdue as well.

Ethics Quote of the Era: Thomas Jefferson and the Continental Congress of 1776

/ Jack Marshall / 11 Comments

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”

—-The Declaration of Independence, authored by Thomas Jefferson, edited, ratified and signed by him,  Button Gwinnett, Lyman Hall, George Walton, William Hooper, Joseph Hewes, John Penn, Edward Rutledge, Thomas Heyward, Jr., Thomas Lynch, Jr., Arthur Middleton, John Hancock, Samuel Chase William Paca, Thomas Stone, Charles Carroll, George Wythe, Richard Henry Lee, Benjamin Harrison Thomas Nelson, Jr., Francis Lightfoot Lee, Carter Braxton, Robert Morris, Benjamin Rush, Benjamin Franklin, John Morton, George Clymer, James Smith, George Taylor, James Wilson, George Ross, Caesar Rodney, George Read, Thomas McKean, William Floyd, Philip Livingston, Francis Lewis, Lewis Morris, Richard Stockton, John Witherspoon, Francis Hopkinson, John Hart, Abraham Clark, Josiah Bartlett, William Whipple, Samuel Adams, John Adams, Robert Treat Paine, Elbridge Gerry, Stephen Hopkin,  William Ellery, Roger Sherman, Samuel Huntington, William Williams, Oliver Wolcott
Matthew Thornton.

Ethics Heroes all.

Thank you, guys.

(You can read the entire document that changed the world…undeniably for the better…here.)

Custer, Gettysburg, and the Seven Enabling Virtues

/ Jack Marshall / 6 Comments

Sometimes the Enabling Virtues will save an army, and sometimes they’ll get you killed.

July 3, 1863 was the date of Pickett’s Charge, when Confederate General Robert E. Lee ordered a desperate Napoleonic advance against the Union line at Gettysburg in what has come to be a cautionary tale in human bravery and military hubris. The same day marked the zenith of the career of George Armstrong Custer, the head-strong, dashing cavalry officer who would later achieve both martyrdom and infamy as the unwitting architect of the massacre known as Custer’s Last Stand.

Custer’s heroics on the decisive final day of the Battle of Gettysburg teach their own lessons, historical and ethical. Since the East Calvary Field battle has been thoroughly overshadowed by the tragedy of Pickett’s Charge, it is little known and seldom mentioned. Yet the truth is that the battle, the war, and the United States as we know it may well have been saved that day by none other than undisciplined, reckless George Armstrong Custer. Continue reading →

Comment of the Day: “The Washington Post Flunks Integrity, Conflicts, and Trustworthiness”

/ Jack Marshall / 2 Comments

I do want to hold the line on featuring Comments of the Day that I think exemplify awful ethical reasoning, as opposed to those that are provocative and enlightening, to a minimum. This one, however, is too rich to ignore. It is the defense of an apparent journalist for the ethics-busting behavior of the Washington Post in the recent Jose Antonio Vargas incident using a dizzying array of alibis and rationalizations, including “they’re better than most,” “people don’t care,” “you have to cheat to stay in business,” “they are better than the alternative,” and others. It also resorts to the time-honored “who are you to judge?” and “you couldn’t do a better job.”

If this is typical of how journalists view their profession’s ethical obligations—and I think it is—the comment explains a lot. You can read my lin-by-line response after the original post. Here is the Comment of the Day, by okonheim: Continue reading →

More Than a Fool: Bachmann, John Quincy Adams, and Wikipedia

/ Jack Marshall / 11 Comments

John Quincy Adams, Sixth President, slavery foe, and time-traveling Founding Father

I will strive a bit longer to avoid concluding that Michele Bachmann is as irresponsible, dishonest and dangerous as I strongly suspect that she is, though my determination may not last the time it takes to write this post. I won’t wait any longer to conclude that she is a fool.

In one short week since the controversy erupted over Fox News anchor Chris Wallace daring to ask her on the air, “Are you a flake?” and her subsequent botching of both her answer and the question’s fevered aftermath, she has stumbled into two flaky episodes. One—her mixing up Western movie star icon John Wayne with serial child killer John Wayne Gacy—was at least funny. The other, far less forgivable—her claim that the Founding Fathers “worked tirelessly until slavery was no more in the United States”—has signature significance. Continue reading →