Month: April 2011

Are Conviction Bonuses For Prosecutors Ethical?

/ Jack Marshall / 10 Comments

Next, how about a bonus for confessions?

Sometimes a story starts the ethics alarms ringing so loudly that it is hard to think about anything else. It is rare, however, to have this occur when it is not entirely clear what is so unethical. An unusual bonus arrangement in Colorado is in this category.

Carol Chambers, the District Attorney for Colorado’s Eighteenth Judicial District, offers financial incentives for felony prosecutors who meet her office’s goals for convictions.  Plea bargains and mistrials don’t count in the incentive program; they have to be trial convictions.  The bonuses average $1,100, and Chambers says she gives them out to encourage prosecutors to bring her district’s rates in line with other jurisdictions in the state. No other Colorado DA gives out bonuses, or bases evaluations on conviction rates. Continue reading →

My Mother’s Funeral and the Kindness of Strangers

/ Jack Marshall / 5 Comments

Few things are sadder than a long life commemorated by a sparsely attended funeral. The sadness is based more on illusion than reality, I know: the best way to ensure a good crowd at your funeral is to die young. Still, no son or daughter wants to deliver a eulogy to an empty chapel, even if the attendance figures at a love one’s funeral often say little about the richness of the life being remembered.

Most of the mourners at my mother’s funeral yesterday afternoon at Arlington National Cemetery barely knew her. Many had never met her; I doubt that she would have been able to name half of them if she had encountered them on the street. Yet they came, in the middle of a workday, to make sure that my mother’s family, including my sister and me, did not have to endure the sadness of the empty chapel. It was an amazing group. Among those whose connection to my mother was solely that they knew me, there were several whom I had not seen or spoken with in years, and others whose presence immediately made me feel guilty for being out of touch with them for too long. There were colleagues from jobs I had left long ago, and old friends who had, through the relentless roadblocks that family, work and assorted crises and priorities of living, had receded into names on a Facebook list. A former fiancee…a cast member of a show I had directed long ago. They were all expending time, their most precious resource, to be kind.

I’ve been going to a lot of funerals lately, something I once avoided with a passion. I’m going to start going to a lot more, and not merely just because, to paraphrase a line from the last Indiana Jones movie, I’ve reached the time when life stops giving you things and starts taking them away. As Yogi Berra reputedly said, “You should always go to other people’s funerals, otherwise, they won’t come to yours.” I appreciate the joke, but I’m pretty sure what Yogi was talking about was The Golden Rule.

Judge Walker Was Wrong

/ Jack Marshall / 27 Comments

Now that we know about Bert, should Judge Ernie have recused himself?

Judge Vaughn Walker, the Federal District judge who a year ago ruled California’s Proposition 8, which banned same-sex marriages, unconstitutional, was wrong. No, not about the law, which is pretty clearly unconstitutional: his opinion was fair and well-reasoned, and is likely to be upheld on appeal. Walker was ethically wrong in his handling of the delicate issue of his own sexuality, which had raised a controversy about his objectivity and ability to be impartial.

Two weeks ago, following his retirement from the bench, Walker publicly disclosed for the first time that he has been in a same-sex relationship for the past ten years. This changes the analysis regarding the propriety of his ruling on Perry v. Schwarzenegger. Walker had long been rumored to be gay; supposedly “everybody” knew he was gay. My position, as well as that of many others considering the arguments of anti-gay marriage opponents that he should recuse himself, was that sexual orientation could not and should not create a presumption of bias, any more than gender, age, race or marital status. Continue reading →

NBC Tries a Hit on Trump, and Exposes Its Own Incompetence

/ Jack Marshall / 11 Comments

“Trump Fumbles Abortion Question” trumpeted “The Daily Beast” under the label “Confused”. It caused my heart to leap: could The Donald have stuck his foot in his mouth with an obnoxious-presidential-campaign-flirtation-destroying gaffe so soon?  Callooh! Callay!

I rushed to the link, which was on the NBC News site, only to have my hopes dashed. Trump hadn’t made a gaffe at all. Some biased, ignorant NBC reporter, who has decided that it is her life’s assignment to show the American public just who is and who isn’t qualified to run for President of the United States, tried a deceitful and unfair trick question on Trump, who promptly identified it as such. Then, completely mistaken about her assumption that his answer was disqualifying at all, she smugly sat back while her colleagues in the media attempt to present the exchange as a “gotcha.” In  other words, Trump is going to get the Sarah Palin treatment, and this was the first, jaw-droppingly stupid attempt at it. Phooey! It’s bad enough that I keep having to stand up for Palin; now I have to stand up for—ughhh!–-Donald Trump!

Here is part of NBC’s Vaughn Ververs’ account of the exchange between NBC’s Savannah Guthrie and Trump: Continue reading →

The Professions Most Likely to Cheat on Their Taxes?

/ Jack Marshall / 8 Comments

Gee, where do "Treasury Secretaries" fall on the list?

A study of I.R.S. data by a University of Chicago graduate student, now Doctor, Oscar Vela,  produced the following list of the professions most likely to file fraudulent tax returns, at least according to his analysis. Make of it what you will. The Time Magazine website blog post about the list is worth reading, first for the blogger’s highly questionable theories explaining, for example, why lawyers aren’t on it, but mostly to see conclusive proof that Time is hiring English-as-a-second-language night students, relatives of Ko-Ko the talking gorilla, or stroke victims to write their blogs. Sample sentence: “His conclusion was that as much as we would like to think so we pay taxes out of  the goodness of our hearts, or even because we are fearful of fines or worse.” Henry Luce just did a back-flip in his grave.

Dr. Vela’s theory is that the professions that are required to maintain a perception of integrity are less likely to cheat. Let us say that I am dubious. Why then are scientists so high on the list?

Here it is: Continue reading →

Now We Know: 22.5% of Business Execs Don’t Know What Ethics Is

/ Jack Marshall / 3 Comments

The Potter Factor: is 20% too much?

David Sokol was widely believed to be the anointed successor to billionaire Warren Buffett at the helm of Berkshire Hathaway Inc. until he resigned unexpectedly, following shocking revelations about his personal stock trading. Clever Sokol! He purchased ten million dollars worth of shares in Lubrizol Corp., a chemical company, then persuaded his boss, Buffett, to acquire it. Buffett agreed, the purchase swelled the values of the stock, and Sokol then sold his shares at a hefty profit, about 3 million dollars.

Sokol lost his job over the transaction, which has tarnished Buffett’s reputation, but he got his money. He appears to have found a neat little loophole in the insider trading prohibitions, which make it illegal for an individual to profit from investments made with the assistance of information that is not generally known. If Sokol knew that Buffett was going to purchase Lurizol and bought the stock to profit from it, he could be headed to jail. Because he made the purchase before he and Buffett discussed the deal, however, he’s only heading to the bank. Galling as it is, most authorities agree that he broke no laws.  Continue reading →

American Disrespect for History, April 18 Edition

/ Jack Marshall / 9 Comments

I waited until midnight, just to see if how many major news organizations would note the importance of April 18 before it was over. Oh, many mentioned the Boston Marathon, and almost every one of them prominently mentioned that it was tax day. The real importance of April 18, however, and the American heroes who made it significant, was ignored yesterday in all but a pitiful few newspapers and websites. It was yet another example of this country’s growing disrespect for its origins, its ignorance of the deeds of the men and women who created the United States, and the increasing disconnect between America’s present and its founding ideals.

On April 18, 1775, an accomplished silversmith named Paul Revere, eventually joined by fellow patriots  Charles Dawes and Dr. Samuel Prescott, rode from Charlestown, Mass. to Lexington, stopping at houses and farms along the way to warn the occupants that “The British are coming!” Continue reading →

Unethical U.S. Presidential Candidacies: Is Trump’s the All-Time Worst?

/ Jack Marshall / 9 Comments

There have been many unethical candidacies for U.S. President in American history, and some of them have been successful.

I am not referring to unethical candidates for the job, for there have been too many of them to count. An unethical candidacy occurs when a candidate’s purpose for seeking the job, method of doing so, and/or the effect on the nation of his or her campaign is especially reckless, harmful, or irresponsible. Perhaps the first unethical candidacy was that of Aaron Burr, who attempted to exploit a flaw in the election process to steal the presidency from his position as a vice-presidential candidate. Rutherford B. Hayes allowed himself to be put in office by an undemocratic back-room deal when his opponent, Samuel Tilden should have won both the popular and electoral vote.

Teddy Roosevelt’s decision to oppose his old friend, President Taft, in 1912, splitting his party, breaking his word (he had earlier refused to run for what was in essence a third term, agreeing it was best to hold to George Washington’s tradition), and all-but-insuring Woodrow Wilson a victory, was an exercise in ego and hubris. Eight years later, Sen. Warren G. Harding, who privately expressed doubts about his ability to fill the highest post in the land, may have allowed himself to be manipulated and used by corrupt political operatives for their own purposes. Franklin Roosevelt recklessly ran for his fourth term knowing that he was seriously and perhaps terminally ill, and didn’t take care to ensure that he had a competent Vice-President. (He, and the U.S., were lucky in that regard.)

Gov. George Wallace’s third party presidential run in 1968 was explicitly racist. The beneficiary of that candidacy, President Richard Nixon infamously pursued re-election with a new low of unethical and even illegal tactics against the Democrats. There have been others.

Donald Trump’s revolting candidacy, as yet unannounced, cannot fairly be called the most unethical presidential candidacy, but it is early yet. It may well prove to be one of the most harmful. As the United States faces some of the most difficult challenges in its history, Trump has chosen to use the nation’s process of deciding on its leader for his own ego gratification and self-promotion, without  preparation for the job, deference to fair campaign rhetoric, or acknowledgment of his own fatal flaws as a candidate. Continue reading →

The Unethical Deficit Debate, a Cause for Despair

/ Jack Marshall / 2 Comments

Our future, thanks to Washington, D.C.

If the bi-partisan dishonesty and unethical conduct surrounding the budget showdown last week didn’t cause you to despair, then you weren’t paying attention:

  • At a time when the federal deficit threatens the long-term (and not all that long, either) solvency of the U.S., risking quality of life, world leadership and security while placing us under the thumb of China, a Machiavellian adversary, both parties—and the President— opted for ideological point-scoring and demagoguery rather than serious explication of the issues.  Irresponsible cowards.
  • The government was brought to the brink of a shutdown over a pathetic, meaningless, 39 billion dollars of cuts that Democrats called “draconian” and Republicans and Obama trumpeted as the “largest budget cuts in U.S. history”. They were draconian only if you think like Senate Majority Leader Harry Reid, who argued that Republicans were heartless to put “cowboy poetry” on the cutting block, and if, as is increasingly looking to be the case,  the Democrats are willing to let the country stay on the road to bankruptcy as long as it also leads them to power. The cuts were the “largest” only in their inflated figures: the budget was cut close to 50% after World War II. Liars and frauds.
  • Even if it were truly”the largest,” the heralded 39 billion dollars cut represented an infinitesimal dent in the overall budget and will have no appreciable effect on the deficit at all. It took a near shutdown to accomplish that. Easy Quiz: what are the chances of our current leaders displaying the political courage to make the substantial, genuine, painful cuts that all serious analysts agree are imperative to stave off financial ruin? Liars and cowards.
  • After all of the drama, after all the condemnation and hype, after “draconian” and “largest ever,” and after the President joined the charade, the no-nonsense Congressional Budget Office announced that by its calculations, the so-called cut was mostly fiction. It boiled down to only $352 million, less than 1% of a 39 billion that was inadequate to begin with. Incompetents.
  • The Democrats chuckled into their sleeves; the Republicans cried that they had been deceived, as if legislators don’t have the resources to find out what the money in the budget they are charged with approving actually pays for. Liars, incompetents and fools.

For me, the low point was President Obama’s speech at George Washington University, announcing his engagement—finally!—in the deficit-cutting debate while resorting that old Democrat stand-by, class warfare; blaming the Bush tax cuts, irresponsible but only one of many contributors to the deficit crisis; and  pledging to cut expenses by ending waste, fraud and abuse while simultaneously stating that the deficit couldn’t be cut by addressing waste, fraud and abuse.  It wasn’t any of those cynical moments that caused me to lose hope, however. It was the President’s insistence that the deficit cutting measures must not interfere with his highest priorities…such as building “new roads.” Continue reading →

Global Warming Advocates Flunk Ethics, and Credibility…Again

/ Jack Marshall / 27 Comments

Never mind!

The evidence for global warming is pretty overwhelming, though still possessing some holes, and the likelihood is that much of the change is man-made. That’s about as far as the scientific evidence goes, however, without getting into serious controversy. The dire climate chance projections continue to be questionable at best, which poses problems for environmentalists who want to use climate change as a wedge to shut down industry, and alarmists who are frightened out of their wits by science they really don’t understand. Rather than demonstrate that the science is unbiased and credible by acknowledging the uncertainty, the global warming community, including elected officials with agendas, radical anti-industrialists, various research, political and advocacy groups and a depressing number of scientists who know better—and Al Gore…can’t forget Al!—have resorted to outrageous scare tactics and apocalyptic “projections.” Continue reading →