Month: July 2011

Comment of the Day: “New Jersey Lottery Ethics…”

/ Jack Marshall / Leave a comment

Tom Fuller, who can be perceptive when he isn’t peppering us with the quotations of others (all right, even sometimes when he is) makes a useful distinction in the Comment of the Day, on today’s post about the New Jersey Lottery:

“Don’t get me wrong. I’m no fan of government-sponsored lotteries, and I share all of the concerns about them mentioned above. But a facile slogan like “lotteries are a tax on people who don’t understand math” is, like most facile slogans, too simplistic a way of making the arguments. There are plenty of psychological and economic reasons why even people who understand the math buy lottery tickets that are, quite literally, bad bets. There is lots of research on this; one of the better articles is now 21 years old, but is still cited as a good, brief, and comprehensible overview.”  [You can read it here.]

“Every gamble is a losing bet in the long run; otherwise it wouldn’t be a gamble. The trouble with state-run lotteries is not so much that they exploit those who “don’t get it”; they exploit anyone, even a mathematical genius, who is drawn towards what society generally regards as undesirable actities, thereby sending the same mixed messages as taxes on tobacco and alcohol.”

The Ethics of “No-Body” Murder Prosecutions.

/ Jack Marshall / 13 Comments

Oh! THERE's the body!!!

Texas lawyer Robert Guest has opined that a Texas jury would have convicted Casey Anthony in a heartbeat, and cites as proof the February conviction of Charles Stobaugh in Denton County. He was accused of killing his  estranged wife, though no body has ever been found at all.

Maybe.  There are a lot of differences in the circumstances of the two cases, not the least is that finding a badly decomposed body with a piece of electrical tape across her mouth has a big advantage over never finding any body at all: at least you are certain that the victim is dead.  Stobuagh, like Anthony, engaged in a pattern of lies and strange statements; for example, he suggested that his wife, who suddenly vanished and stopped using her bank account, credit cards and cell phone, was “playing a prank.”  He also began seeing a new girl friend more or less the moment his wife vanished. I’d say the biggest difference is the presumption of a motive: husbands killing their wives, especially their estranged wives, is a common and well-recognized form of homicide, with a motive that any married person immediately understands. A mother killing her young child, in contrast, is very unusual, and the presumption is that no mother would do it. The Anthony prosecution was more difficult than the prosecution of Stobuagh, even with Caylee’s body. Continue reading →

New Jersey Lottery Ethics…Well, Not Exactly

/ Jack Marshall / 9 Comments

New Jersey has taken the live drawings for the state lottery off of television and placed it on the internet. Many regular lottery players are upset about this, it seems.

“I like to see them pull it so they don’t have the chance to switch it,” said one eighty-year-old player. “Older people don’t trust the system. We know what happens.” She doesn’t own a computer, nor do her friends, and they all say they won’t play the lottery again until they can watch the drawings on their televisions. Indeed, the New Jersey Lottery is getting many such complaints, and expected them.

Why?

Because the people most likely to play the lottery are poor, badly educated, ill-informed, dumb, or all of the above, that’s why. Continue reading →

Comment of the Day: “Unethical Blog Post of the Week: ‘But What About Caylee?”’

/ Jack Marshall / 6 Comments

As comments, accusations and retorts featuring the Ethics Alarms All-Stars were flying around on the blog in reaction to the Casey Anthony verdict and my reaction to some of those reactions (here, here, here, and here), Lianne Best came through with an  especially measured take, one that was immediately cheered by other commenters.

There is nothing wrong with feeling deeply, and emotions are important; after all, Mr. Spock had limitations as a leader. When emotion rather than analysis drives public opinion, however, there is a risk of real harm: those attempting objective analysis may be vilified, marginalized or ignored, and rash, reckless decisions and consequences can result.  (I could, but won’t, argue that the 2008 presidential election was a classic case in point.)  Lianne cuts to the real issue deftly. Here is her Comment of the Day:

“I too often find myself embroiled in emotional opinion, with no basis in facts. It’s easy here: an adorable and completely innocent, dependent little girl was killed. Virtually every human, particularly parents, want to see that vindicated, justice found and brought. That somehow makes it better. But you know what? It doesn’t make it better to go racing off on just a blazing gut reaction, not when people’s lives are affected by our lack of thought and analysis. I was a juror in a kidnapping and murder trial. It was an immensely difficult two weeks, and the decision was agonizing. Luckily, it was also popular; it would have been awful to suffer through loud, manic public criticism of our reasoned decision on top of the process … loud, manic public criticism by people who weren’t there, who knew less (or at least differently) than we did. We have a jury system for a reason, 12 people found Casey Anthony not guilty (13 if you count the alternate juror) and we have to trust them.

“Personally, I appreciate Jack’s cooler head prevailing when my mother’s heart is shrieking.”

Marcia Clark, Exploiting the Anthony Verdict for Her Own Sake

/ Jack Marshall / 10 Comments

Marcia Clark. OK, this really isn't Marcia, but the real picture of her doesn't look like her either.

Marcia Clark’s article on the Casey Anthony verdict is so tainted with obvious conflicts of interest that it should have been rejected by The Daily Beast…or rather would be rejected by any website more selective and less shameless than the Daily Beast. This would be any fair site that does not deal in over-the-top opinion as a matter of course.

Marcia, like her colleague Chris Darden, is a rather tragic figure these days. The former lead prosecutor in the O.J. case is struggling to make it as a pundit, freshly botoxed and rendered almost unrecognizable so as to be fetching in those close-ups. After she sold the inevitable cash-in book about the Trial of the Century, she has wandered in the C-List celebrity wilderness, and will soon join Newt Gingrich and William Shatner as a celebrity novelist. She will be remembered, quite correctly, as the prosecutor who botched the O.J. murder trial, even if we give Darden an assist for the gloves debacle. (Why cable news shows insist on recycling failures as experts is an enduring mystery, the mystery being “how can the producers look themselves in the mirror after choosing recognizable flops over less well-known but more accomplished authorities?”)

But Clark apparently saw an opportunity in the Casey Anthony verdict to rehabilitate her tarnished reputation, and grabbed it. The result is “Worse Than O.J.!”, a new low in self-serving analysis. Continue reading →

Unethical Blog Post of the Week: “But What About Caylee?”

/ Jack Marshall / 81 Comments

Sad but true: the trial's purpose was not to find justice for Caylee.

If I responded to even one out of a hundred ethically muddled, logically addled posts by the hoard of bloggers in cyberspace, I’d have time for nothing else. Now and then, however, I am directed to a post that typifies the kind of free-floating, fact-starved gut sentiment that rots public discourse in America and that helps keeps the public confused and panicked.

In this case, I was directed to the post by the blogger herself, who managed to annoy me by accusing my post on the Casey Anthony jury of being callous to the victim in the case, two-year old Callie. I re-read my post; there wasn’t anything callous toward the child in any way. Puzzled, I went to the blogger’s page, a blog by someone who calls herself wittybizgal, and called Wittybizgal. Sure enough, there it was: an anguished lament about the verdict in the Casey Anthony trial entitled, “But What About Callie?”

The post is frightening, because I am certain that this kind of non-reasoning is epidemic in the United States, nourished by touchy-feely bloggers, pundits and columnists and made possible by the ingrained habit of having opinions without knowledge. Since their opinions are not supported by facts or reasoning, they can’t be debated. If you aren’t persuaded, you’re just mean, that’s all. That’s no way to decide what is right and wrong, but it certainly a popular way. Here is wittybizgal’s argument, one fallacious step at a time: Continue reading →

“Professionalism?” What’s THAT? Julie Chen, CBS and the Descent of Broadcast Journalism

/ Jack Marshall / 12 Comments

Walter could keep it together. Not Julie Chen.

The Casey Anthony verdict is doing some good: it is exposing the awful deficit in objectivity and professionalism in the broadcast media.

The latest example: while CBS’ “The View” rip-off, “The Talk,” was underway,  viewers saw co-host Julie Chen break down as she tried to read the news that Casey  Anthony had been found not guilty of killing her daughter Caylee. Chen attempted to read the verdict, but was overcome with emotion  and was unable to continue, asking her co-hosts,  “Help me out here.”

In 1937, radio broadcaster Herbert Morrison was correctly criticized for being unable to keep his composure and report the flaming destruction of the zeppelin The Hindenburg without weeping and becoming unintelligible. In 2011, a woman described in her official bio as a “news anchor; reporter; and journalist” couldn’t compose herself to read the news of a not guilty verdict. Continue reading →

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 →