Month: March 2014

The “Too Handsome To Rape” Defense

/ Jack Marshall / 31 Comments
Sharper, Mathis, Ted Bundy.

Sharper, Mathis, Ted Bundy.

For whatever reason, there have been a lot of attacks on the legal profession lately—and some from within the legal profession—because of so-called “disgusting” and “frivolous” arguments by lawyers who are zealously representing their clients. These range from outrage over the so-called “affluenza” defense (which, it apparently does no good to point out, was explicitly rejected by the judge in that case), to the law suit against the Glendale, California memorial to women forced into sexual slavery by the Japanese in World War II, to the argument that Red Sox broadcaster Jerry Remy was complicit in his son’s allegedly murdering his girlfriend because Remy hired a lawyer who mounted a vigorous defense in the son’s earlier domestic abuse arrests.

Lawyers are ethically obligated to advance whatever non-frivolous arguments and theories that are most likely to achieve their clients’ objectives, whether it is avoiding prison or rationalizing the crimes of the Japanese army. That is their job and societal function, and it is essential to our avoiding a jack-boot system where any of us could be thrown in jail by popular opinion or government edict. The laws are there to be used by every citizen, even when the citizen’s objectives are unethical, or when the citizen is a cur.

Our rights are all protected well by this principle, and it’s high time we stopped bitching about it.

Undeterred by this, however, yet another defense attorney is being savaged in the news media and blogosphere, as well as by women’s rights advocates, for making an argument in defense of his client that they find offensive. In Georgia, Darriuos Mathis and his legal team are making the argument, among their efforts to show that the evidence against him is not sufficiently conclusive, that Mathis is too attractive--fit, handsome, sexy– to have to resort to kidnapping and raping a 24-year-old woman two years ago, which is what he charged with.

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Almost An Ethics Quiz: The Comment In The Queue

/ Jack Marshall / 45 Comments

temptation

I awoke this morning to a polite, well-written, credible comment—to an older post—that immediately sparked an ethical dilemma. Maybe you can help me out.

The comment reveals unpleasant personal details about the commenter’s past encounters with a blogger who has prompted some controversy on Ethics Alarms, episodes that mark the blogger as a jerk of the highest order. Indeed, I had already diagnosed Blogger X as a jerk, and written about it. This is difficult to explain without revealing the identity of the blogger—let’s just say that his writings that attracted my attention complained about a phenomenon that was far better explained, at least in his case, by his character than the causes his many posts attributed to it.

Normally, this would be an easy call. I have frequently removed similar ad hominem attacks on some of you (you didn’t know that, I bet!). Settling old scores is not what this site is for, and the comment in question would usually fail for being off-topic. There are two reasons I am considering approving the comment.

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Let’s Adopt Adam Weinstein’s Values And Arrest Adam Weinstein

/ Jack Marshall / 38 Comments
For the dangerous crime of not agreeing with Adam Weinstein...

For the dangerous crime of not agreeing with Adam Weinstein…

In a jaw-dropping post on Gawker-–I would suspect link bait if this wasn’t a disturbing trend-— a supposedly (formerly?) reputable journalist argues that anyone who challenges global warming orthodoxy should be prosecuted as a criminal. Here is Adam Weinstein making a fool out of himself (actually, only a fool could write such crap), and doing it by quoting as an authority the absurd Prof Lawrence Torcello, whose earlier advocacy of punishing global warming skeptics I wrote about in this post. Weinstein:

Those denialists should face jail. They should face fines. They should face lawsuits from the classes of people whose lives and livelihoods are most threatened by denialist tactics. Let’s make a clear distinction here: I’m not talking about the man on the street who thinks Rush Limbaugh is right, and climate change is a socialist United Nations conspiracy foisted by a Muslim U.S. president on an unwitting public to erode its civil liberties. You all know that man. That man is an idiot. He is too stupid to do anything other than choke the earth’s atmosphere a little more with his Mr. Pibb burps and his F-150’s gassy exhaust. Few of us believers in climate change can do much more—or less—than he can.

Nor am I talking about simple skeptics, particularly the scientists who must constantly hypo-test our existing assumptions about the world in order to check their accuracy. That is part and parcel of the important public policy discussion about what we do next. But there is scientific skepticism… and there is a malicious, profiteering quietist agenda posturing as skepticism. There is uncertainty about whether man-made climate change can be stopped or reversed… and there is the body of purulent pundits, paid sponsors, and corporate grifters who exploit the smallest uncertainty at the edges of a settled science.

I’m talking about Rush and his multi-million-dollar ilk in the disinformation business. I’m talking about Americans for Prosperity and the businesses and billionaires who back its obfuscatory propaganda. I’m talking about public persons and organizations and corporations for whom denying a fundamental scientific fact is profitable, who encourage the acceleration of an anti-environment course of unregulated consumption and production that, frankly, will screw my son and your children and whatever progeny they manage to have.

Those malcontents must be punished and stopped.

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Ethics Hero: HBO Comic Bill Maher

/ Jack Marshall / 16 Comments

at_the_end_of_the_world

Yes, you read that right.

Soon dogs and cats will be sleeping together, the world will stop spinning on its axis, and there will be snowball fights in Hell. It is the end of the world.

On the latest installment “Real Time with Bill Maher, “HBO’s weekly conservative/ Republican bash-fest, Maher, whom his progressive guests trust  implicitly to be of a like mind, read a quote that the posted graphic  identified as issuing from Rep. Paul Ryan. The 2012 GOP Vice-Presidential candidate had been slammed earlier in the week for “racially coded” comments about the need to change the culture in the inner city. Here is the quote:

“When it comes to getting an education, too many of our young people just can’t be bothered. They’re sitting on couches for hours playing video games, watching TV. Instead of dreaming of being a teacher or a lawyer or a business leader, they’re fantasizing about being a baller or a rapper.”

Then Bill let his guests take turns criticizing Ryan for blaming black Americans for problems over whichthey had no control, while sole conservative guest (Bill only allows one token punching bag from the right per show) Rick Lazio was mocked and laughed at by the studio audience for defending Ryan’s point. Finally, after letting everyone hang themselves, Maher revealed that the real speaker was…. Michelle Obama.

As Ralph Cramden…that is, the Great One, Jackie Gleason, used to say,

Thank you, Bill!

He was the perfect one to pull this revealing and damning stunt, being a reliable race-baiter himself (on an earlier show, Maher countered Bill Kristol’s challenge to the liberal cant that Republican opposition to President Obama is based on racial bias by asserting that he “absolutely” believed that.) But Bill isn’t above tricking and embarrassing his loyal allies and toadying audience for publicity and to pose as a truth-teller so his future deceptions, slanders and lies have more credibility. One can do the right thing, and a very beneficial thing, for unethical reasons, and I am absolutely certain that the despicable, amoral, cynical and vicious “comic” had nothing but base motives for this stunt. In fact, tricking invited guests who trust him into exposing their own bias was despicable, terrible host etiquette, and dishonest, but then Bill’s show is something of an ethics-free zone anyway. Anyone, right or left, who enables Maher by appearing on his show has waived the right to have my sympathy. In another case, I might argue that the end doesn’t justify the means, but anyone who voluntarily agrees to keep Maher’s show on the air deserves what he or she gets. This is the Scorpion and the Frog at its clearest.

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Incompetent Elected Official Of The Month: Maricopa, Arizona Vice-Mayor Ed Farrell

/ Jack Marshall / 17 Comments

The OnionWhat conduct definitively labels an elected official as incompetent, you ask? Well, opinions may differ, but I think we can all agree the publicly exposing yourself as uninformed, ignorant, and devoid of reading comprehension qualifies.

Meet Maricopa, Arizona Vice-Mayor Ed Farrell (D), who saluted the passing of anti-gay, military funeral-disrupting Fred Phelps, who tookleave of this homosexual-blighted world recently, by writing this on his Facebook page:

“We need more Fred Phelps in this world. May you rest in peace sir….This world needs to get back to the biblical standards that our God made for us. This guy was not afraid to preach it, and I respect that.”

To prove his point, Farrell linked to a satirical obituary in The Onion, believing it to be genuine. He believed this despite clues like the following:

“What Fred Phelps accomplished over the past 30 years—from a federal constitutional amendment limiting marriage to one man and one woman, to nationwide laws allowing businesses to turn away gay customers—makes him easily one of the most successful and monumental figures of the past century,” said biographer Michael Ammons, noting that depictions of gays and lesbians began to disappear from popular culture and the media as soon as Phelps began taking his powerful rallies against homosexuality from state to state. “Fred Phelps devoted his life to one goal, and he triumphed. This was an incredibly influential man who deserved all the attention he received. Think of the legacy he leaves behind: In the past three decades, homosexuality has become practically nonexistent in society.”

Wishful thinking, perhaps, on Farrell’s part?

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Jerry and Jared Remy, Parental Accountability, Hindsight Bias, and The Bad Seed

/ Jack Marshall / 26 Comments

This is a tragic local story with vast ethics significance.

Father and son.

Father and son.

Long-time Boston Red Sox broadcaster Jerry Remy, a native Bostonian and former player who has been a vivid part of the Boston sports scene since 1977, was stunned by tragedy last summer when his oldest son, Jared, 35, allegedly murdered his girlfriend by stabbing her to death as their  ive-year-old daughter looked on. Prior to the incident, most New Englanders were unaware of Jared Remy’s problems, but his ugly past soon found its way into the newspapers.

A recent Boston Globe investigative report appeared to be the saga of a “bad seed” right out of a horror movie, for Jared Remy, son the popular, affable Jerry, had been arrested, and released, 19 times, for an assortment of alleged crimes, many of them violent. They included battering and threatening a high school girlfriend; pushing a pregnant girlfriend out of a moving car; texting death threats to her, and attempting to beat her up; threatening to kill yet another girlfriend;  terrorizing a fourth sufficiently that police were called to their apartment eight times; and involvement in steroid peddling and abuse. The Globe also obtained the testimony of a woman who alleges that Jared joined her in brutally beating a high school boy, causing him permanent brain injuries.

The Globe story (and others) raised the question of how and why the Massachusetts justice system kept releasing Jared. It is a valid question, not peculiar to his case, unfortunately. Many have speculated that Jared’s  status as the son of popular Boston sports figure played a part in getting him extraordinary leniency, but as Remy’s lawyer pointed out, several of the incidents also involved complainants and alleged victims who refused to testify or withdrew their complaints. In the realm of domestic abuse, evidently Jared Remy’s specialty, this is too common. The Globe writer, Eric Moskowitz, also insinuated that the Remys went too far in supporting their disturbed, violent and troubled son, who had learning disabilities and other clinical behavioral problems. They apparently paid for psychiatric treatment, counseling and legal fees, and helped with his rent and other expenses, though the extent of this has not been confirmed by the Remys, the only ones who could be authoritative on the topic. The rest is hearsay.

Jerry Remy, who has battled depression his whole adult life, withdrew from his role as color commentator after his son’s arrest, missing the Red Sox championship run. Outside of a brief statement condemning his son’s actions and expressing condolences to the parents of the victim, Jennifer Martel, Remy was silent until announcing this Spring that he would try returning to the broadcast booth for the upcoming season. Then, as Spring Training for the Red Sox ran down and Remy seemed, outwardly at least, capable as ever of being an affable presence with whom to watch the home team’s exploits,  the Globe story appeared. The revelations about Jared unleashed an unexpected (by me, at least) backlash against his father, and Bostonians in droves bombarded the sports radio talk shows, blogs and news media websites with the opinion that Remy should step down as Red Sox color man for cable broadcasts. How they reached this ethically indefensible position is instructive regarding how inept and unskilled most people are in day-to-day ethical analysis, how emotion becomes a substitute for objectivity and logic,  how hindsight bias makes experts and judges out of individuals with the credentials of neither, and also how ignorant most of the public is about the ethical obligations and duties of the legal profession.

Here are the reasons being cited for why Jerry Remy should give up his career:

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Spreading the Word: “The Amazing Mouthwash Deception: Helping Alcoholics Relapse For Profit”

/ Jack Marshall / 31 Comments
"Bottoms up!"

“Bottoms up!”

I am moved to re-post the early Ethics Alarms entry from 2010, titled “The Amazing Mouthwash Deception: Helping Alcoholics Relapse For Profit,” for a few reasons.

It raises an important and shamefully under-reported topic, one that despite my exhortations then has yet to be adequately examined in the media. If one googles various combinations of “mouthwash,””Listerine,”‘alcoholism,” and “alcoholic,” the first result is, sadly, my post. Most people who are not afflicted with the disease of alcoholism have no idea that mouthwash is a popular stand-in for liquor, or that is used to deceive family members who think an addict is no longer using or intoxicated. None of the recommended policy changes I suggest in the post have been implemented, either.

Last week I chanced to mention the use of Listerine by alcoholics to a friend who is a doctor who treats alcoholics. He was shocked, and had no knowledge of this at all. “Eww!” he said. “Isn’t that poison? You can drink it? I had no idea.” And he is a professional who keeps up  with the literature. (But obviously doesn’t read his friend’s blog.)

Despite my frustration that what I regard as a true exposé that should have sparked an equivalent article in a more widely read forum has remained relatively unknown, I am encouraged by the effect it has had. Most posts have their greatest traffic around the time they are posted, but since 2010, the page views of this article have increased steadily every month. More importantly, it has drawn comments like this one, from yesterday:

“Am looking after my twin sister who is a chronic alcoholic. She has been three days sober and then she just walked in and I couldn’t work out what the hell happened. She was in a stupor , but there was no alcohol and I am dispensing the Valium for detox period and she smelt like mint!! Found three bottles of it !!! This is my last big push to help her and she pleaded innocent and no idea it had alcohol in it! Hasn’t had a shower for two days but keeps her month fresh and sweet !! Thanks for the information. Much appreciated XXX”

Most of all, I am revolted that what I increasingly have come to believe is an intentional, profit-motivated deception by manufacturers continues, despite their knowledge that their product is killing alcoholics and destroying families. I know proof would be difficult, but there have been successful class action lawsuits with millions in punitive damage settlements for less despicable conduct. Somewhere, there must be an employee or executive who acknowledges that the makers of mouthwash with alcohol know their product is being swallowed rather than swished, and are happy to profit from it.

Few had discovered Ethics Alarms by April of 201o. I hope that by re-publishing the post now, it might find its way to more social media pages and even be sent to some investigative reporters. As I ended the original post, spread the word. Mouthwash is killing your friends and family members, or if not yours, those of someone not far away.

Thus, for the second time and hoping for more impact than the first, here is “The Amazing Mouthwash Deception: Helping Alcoholics Relapse For Profit.” Even if you read it the first time, refresh your memory.

People are killing themselves right under our noses, and we are being thrown of by the minty smell of their breath.

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Ethics Rant: Here Is The Smoking Gun Proof That The Government Doesn’t Care How Much Money It Wastes, Or, In The Alternative, That It Isn’t Run By Sufficiently Competent People To Be Trusted To Spend What It Does

/ Jack Marshall / 44 Comments

Oh, I almost forgot….

Kaboom!*

If this can save millions, what other measures are out there> Never mind---if they couldn't find this, they won't find them, either.

If this can save millions, what other measures are out there? Never mind—if they couldn’t find this, they won’t find them, either.

Here is the news story that justifies the title, and also that made my dome blow, as I’m sure yours will.

A 14-year old sixth grade student from Pittsburgh named Suvir Mirchandani devised, as his science fair entry at Dorseyville Middle School, a computer project that examined printing costs. He analyzed a random sample of school printouts and measured how much ink various fonts use. Noting studies that found ink remarkably expensive (I thought it was just my printer), Mirchandani calculated  that by simply switching from the Times New Roman font to a thinner, more ink-thrifty font like Garamond, his school district alone could reduce its annual ink costs by 24%,  saving up to $21,000 annually.

His  teacher encouraged him to submit his work to the Harvard-based Journal for Emerging Investigators, who were moved to inquire, “How much money could the  government save if it switched to Garamond?”

Plugging in the Government Services Administration’s estimated annual cost of ink, Suvir concluded that if the federal government used Garamond exclusively it could save nearly 30%  of the total $467 million, or $136 million per year. Placing state governments on a font diet would save an additional $234 million, he reported.

They checked his figures, and he was right. The simple act of changing a typeface would save taxpayers $400,000,000 a year. Kaboom.

Now permit me a brief rant…

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Ethics Diagnosis: #SueyParkisanirresponsiblepowerhungrypoliticalcorrectnessbully

/ Jack Marshall / 25 Comments

Colbert gag

Suey Park has declared war on Stephen Colbert over a promotional tweet made in his name by some Comedy Central PR employee. Not that there was anything wrong with the tweet*, unless you chose to willfully misconstrue it. The line was a quote from Colbert during a comic riff on his show mocking Redskins owner Daniel Snyder’s lame effort to deflect criticism of his team’s name as being ‘racist.’ (Reminder: It isn’t—not in the context in which is being used. Tasteless? Perhaps…) Anyone who is familiar with Colbert’s schtick—it is all tongue in cheek, exaggeration, irony, sarcasm and satire—understands that the Twitter quote is mocking the idea that one can continue being “racially insensitive” as long as you set up a foundation to show sensitivity to the group you have been accused of being racially insensitive about. Here is an explanation of how Park saw an opening for some cheap social media muscle-flexing, from Slate:

“On Wednesday night Stephen Colbert made sport of Washington football team owner Dan Snyder and his plan to undercut criticism of the team name by founding an organization for the uplift of “original Americans.” Colbert ran though all the reasons why this was funny, then called back to a skit from one of the show’s first episodes, way back from the fall of 2005—a joke about the host being caught on a “live feed” playing a racist Asian stereotype (Ching Chong Ding Dong, from Guanduong), then not understanding why it was racist. Colbert would make amends with his new “Ching Chong Ding Dong Foundation for Sensitivity to Orientals or Whatever.” He’d played versions of the game since then, dressing up in a sombrero for “Hispanic heritage month.” It’s one of the Colbert character’s oldest gags—he “doesn’t see color,” so he can’t ever be blamed if he accidentally does something horribly racist.”

The rest of the story: Suey Park pounced, first telling Colbert “Fuck you” and then sending her many followers a directive to flood the twitterverse with   …. and so they did, and have. Continue reading →

Legal, Unethical, and Despicable: The Seattle Mariners’ Contract Squeeze Play On Randy Wolf

/ Jack Marshall / 15 Comments
"We made Mr. Wolf an offer he couldn't refuse. Oddly, he refused it."

“We made Mr. Wolf an offer he couldn’t refuse. Oddly, he refused it.”

What is it worth to a baseball team to save a million bucks? Apparently it’s worth being shunned by future players for being sleazy and dishonest.

Oh, it was all legal, don’t get me wrong. The Seattle Mariners, who, it should be noted, recently signed second-baseman Robinson Cano to a ten year contract averaging 24 million dollars a season, inked a deal with veteran pitcher Randy Wolf that guaranteed him a paltry million dollars if he made the team’s roster based on his performance in Spring Training. Sure enough,Wolf pitched well and not only made the team, but was told that he would be in the Mariners’ starting rotation.

There was a catch, however. Wolf was told that his being officially named to the team’s 2014 25 man roster to start the season—that’s next week, baseball fans—was contingent on him signing a legal document known as a 45-day advanced-consent release form. This would  allow the Mariners to release or demote Wolf after the first 45 days of the regular season and be obligated to only pay him a pro-rated portion of his million dollar salary, rather than the entire one million dollars his original deal guaranteed. In other words, “Gotcha!” The perfect Catch 22. “Yes, you are guaranteed a million dollars, Mister Wolf, if you make the team, and you made the team. We keep our promises. We want you on the team. But if you don’t waive that guarantee, we won’t let you make the team.”

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