Year: 2014

Ethics Musings On The Guy With “MURDER” Tattooed On His Neck….

/ Jack Marshall / 21 Comments

 

Hey! Cool tattoo, dude! Just don't get caught actually murdering someo...oh. Bummer.

Hey! Cool tattoo, dude! Just don’t get caught actually murdering someo…oh. Bummer.

Jeffrey Chapman, who is soon to stand trial for first degree murder in Great Bend, Kansas, wants to remove the giant tattoo that spells out the word  MURDER around his neck, believing that it will prejudice the jury against him.

Ya think?

The judge will allow Chapman to have the tattoo removed before the trial, it appears. There is precedent for this: in Florida, in 2010, a neo-Nazi charged with hate crimes was permitted to have the hate-related tattoos on his face and neck, including a swastika, covered up by a professional make-up artist. It was paid for by the state, naturally.

Observations:

  • I suppose this is the necessary and fair decision by the judge. Lawyer-pundit Alan Dershowitz made some interesting points regarding the Florida case, however, suggesting that the swastika and other tattoos were an extension of tattooed defendant John Allan Ditullio’s character, and covering them could be construed as misleading the jury. “He is alleged to have attacked people on the basis of sex orientation and race. The court has the chance to make its rulings based on whether the tattoos are relevant to the case,” Dershowitz said. “It depends on what the prosecution is trying to prove. If they are saying his Nazi ideology drove him, then you could argue that seeing the tattoos is relevant.” Dershowitz noted that his tattoos were obviously the way he chooses to present himself publicly. “It’s not like the swastika was on his rear end,” he said.

Continue reading →

Ethics Quote of the Week: Justice Sonia Sotamayor

/ Jack Marshall / 91 Comments

Sonia_Sotomayor

“Race matters. Race matters in part because of the long history of racial minorities’ being denied access to the political process…Race also matters because of persistent racial inequality in society…And race matters for reasons that really are only skin deep, that cannot be discussed any other way, and that cannot be wished away. Race matters to a young man’s view of society when he spends his teenage years watching others tense up as he passes, no matter the neighborhood where he grew up. Race matters to a young woman’s sense of self when she states her hometown, and then is pressed, “No, where are you really from?”, regardless of how many generations her family has been in the country. Race matters to a young person addressed by a stranger in a foreign language, which he does not understand because only English was spoken at home. Race matters because of the slights, the snickers, the silent judgments that reinforce that most crippling of thoughts: “I do not belong here.” In my colleagues’ view, examining the racial impact of legislation only perpetuates racial discrimination. This refusal to accept the stark reality that race matters is regrettable.”

–—-Supreme Court Justice Sonia Sotamayor, dissenting in the case of Schuette v. Coalition to Defend Affirmative, Integration and Immigration and Fight for Equality by Any Means Necessary, in which a 6-2 majority ruled that Michigan voters could ban race-based preferences at universities without violating the Constitution.

This screed was remarkably unprofessional for a Supreme Court Justice, an emotional recitation of unsupported assertions, perceptions and complaints with no constitutional relevance. Sotamayor, you may recall, was nominated by the President in the midst of a public debate regarding the importance of “empathy” on the bench, code for “we need more women.” But the Constitution is supposed to be interpreted by principles of law and legal reasoning, not from “the heart.” Well, we clearly got the empathetic Justice he wanted, for better or worse. Continue reading →

Noted: A Familiar Debate Over At Slate

/ Jack Marshall / 9 Comments

battle-marvel

Those who participated in the epic, star-studded battle in February here, led by the departed Bruce Bartup, over what are acceptable levels of intensity and personal attack on Ethics Alarms, will experience some nostalgia reading this debate on Slate about the website’s policies. My favorite line: “…if someone is a dick, and we’ve explained that he’s a dick, why shouldn’t we also call him a dick? He’s earned it!”

If you missed Bruce’s Lament and the terrific donnybrook it generated (sadly, Bruce took his bruised feelings and went home to the British Isles, though I urged him to persevere) can read his Comment of the Day and the responses to it here.

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Graphic: kiss my wonder woman

The Supreme Court Delivers An Ethical Opinion On Democracy, Affirmative Action, and Fairness

/ Jack Marshall / 49 Comments
Good work, SCOTUS!

Good work, SCOTUS!

In SCHUETTE, ATTORNEY GENERAL OF MICHIGAN v COALITION TO DEFEND AFFIRMATIVE ACTION, INTEGRATION AND IMMIGRATION RIGHTS AND FIGHT FOR EQUALITY BY ANY MEANS NECESSARY, the U.S. Supreme Court just affirmed, 6-2, Michigan’s right to ban state affirmative action programs. The decision was narrow, not taking up the issue of affirmative action itself, but rather affirming the right of the citizens of the state to ban it at the ballot box.

You should read the decision  here, and not let journalists distort it for you.  My favorite quotes: Continue reading →

Pop Ethics Quiz! What’s Wrong With This Picture?

/ Jack Marshall / 18 Comments

speeding bullet

No, you don’t have to spot the mistake, now.  That’s too easy. The single, embarrassing mistake in this ad created for Michael Bloomberg’s anti-gun group Everytown For Gun Safety is so obvious I’m pretty sure there are 5th graders who could spot it. A bullet doesn’t come out of the barrel with its casing. There would be no way to propel such a projectile. This ad couldn’t have been created or approved by anyone who ever fired a gun, saw one fired or watched a  Western, war movie or action flick.

The unethical conduct represented by the ad, however, are more numerous, though equally unforgivable:

  • It is incompetent and lazy. No one connected with the ad and its graphics bothered to do the minimum due diligence necessary to find out what a bullet coming out of a muzzle looks like, or how guns work.
  • It is untrue. Actually, anyone is faster than that bullet, which would drop harmlessly to the ground.
  • It negligently misinforms the public, passing along the ignorant misconceptions of the group and its hired artist to people who know as little as they do.

Continue reading →

Incompetence in Portland: Bureaucrats Show Those Who Are Paying Attention Exactly What They Need To Know

/ Jack Marshall / 17 Comments

urinating_outdoor_garden_water_fountain

Honestly, I first though it was a joke. The more I think about this story now, the less funny it gets, and the more tragic and frightening.

A security camera captured the image of a 19-year-old jerk urinating into Portland, Oregon’s Mt. Tabor Reservoir system, so “to be safe,” the city is dumping all 38 million gallons of drinking water. From Ars Technica:

“David Shaff, Portland’s water bureau administrator, reserves a special disgust specifically for human urine. In 2011, when Shaff drained the reservoir following a urination, he reasoned to the Portland Mercury, ‘Do you want to be drinking someone’s pee?… There’s probably no regulation that says I have to be doing it but, again, who wants to be drinking pee?’ This time around, Shaff wrote in a statement, ‘Our customers have an expectation that their water is not deliberately contaminated.'”

That’s right: this is the second time Portland has done this. Slate does the “Wow, what an idiot!” math:

“…a typical urination of about 1/8 gallon in a reservoir of 38 million gallons amounts to a concentration of 3 parts per billion. That’s billion with a b. For comparison, the Environmental Protection Agency’s limit for arsenic in drinking water—arsenic!—is 10 ppb. The EPA doesn’t appear to have a limit for urine in drinking water, but it does limit nitrates in drinking water to 10,000 ppb, and urine does contain a lot of nitrogen, so let’s use that as a proxy. How many times would that teenager have to pee in a Portland reservoir to produce a urine concentration approaching the EPA’s limit for nitrates in drinking water? About 3,333 times.”

Continue reading →

Comment of the Day: “Comment of the Day: ‘An Unethical Website, Golden Rule Malpractice And The Worst Anti-Bullying Program Ever'”

/ Jack Marshall / 14 Comments

Atom bomb cloud

Responding to according2grayson’s passionate defense of non-violence and the Golden Rule while encountering bullies (as well as while opposing despots on the march), Steve-O-in-NJ enriched Ethics Alarms with an epic response including historical perspective, ethics and personal experience.

Here is his terrific post—long but not to be missed—and the Comment of the Day, on Comment of the Day: “An Unethical Website, Golden Rule Malpractice And The Worst Anti-Bullying Program Ever”:

I question this litany of life experiences, since it sounds a bit too pat and a bit too neat to be real, or at least it sounds sanitized/incomplete. Those with truly outstanding records usually don’t feel the need to trumpet them. That said, I wasn’t there, so maybe it is all true.

I know I tried the non-violent approach a few times, and it just lead to more bullying. I also tried the fight-back approach, smashing one bully’s head against the sidewalk and nearly strangling another, and it frankly didn’t get much more done beyond getting the bullies off my back temporarily. That said, a temporary respite from abuse is better than absorbing abuse every day without a respite. What really broke one group of problem people was a combination of finally going to the authorities and the people overreaching.Despite the justified criticism of Catholic schools (a whole separate discussion), they did have one very big thing going for them: no one who was enrolled had to be, or had any right to be, and dismissal or necessary discipline was easily accomplished. Continue reading →

Is It Ethical For A Criminal Defendant To Take Acting Lessons Before Testifying?

/ Jack Marshall / 24 Comments
Actors make great witnesses. Especially in movies...

Actors make great witnesses. Especially in movies…(and if you don’t know who this is and in what film classic, you have some cultural literacy to catch up on…)

This is a trial development I have never encountered before. Blogger Janni Allen, a former columnist for the South African Sunday Times, claims that a famous South African actor told her that he coached Oscar Pistorius before his histrionic testimony in court regarding the death of his girlfriend. Prosecutors have charged the famous “Blade Runner” with murder; he claims it was an accident. In his appearance on the stand, Pistorius wept and appeared overcome with grief and emotion.

For the sake of the discussion, let’s assume that Allen is correct, and that Pistorius took acting lessons. Is there anything unethical about a criminal defendant or anyone else who has to testify in court taking acting lessons in anticipation of the experience? Is there anything unethical about a lawyer directing a client or a witness to take acting lessons in advance of a court appearance?

I don’t think they are difficult questions. The answers are “No,” and “No.” Continue reading →

Cover Art Ethics: Sexism, “Rape Culture” or Just Marketing

/ Jack Marshall / 34 Comments

If you had asked me thirty-five years ago whether we would still be debating what is the appropriate and ethical use of women as sex symbols—or “objectification,” if you like—in non-sex trade publications today, I would have answered, I think, “Are you kidding? By 2014 we will have hashed all this out. Either the combination of consensus  political correctness and the increased influence of women in business in general and publishing in particular will have reformed standards of acceptable practices, manners and taste, or emerging feminism will embrace the power of sexuality as a source of influence and power over the male of the species. The battles over this are too hot now to keep going on indefinitely! Either using sexy women and models in “take me” poses will be considered shameful and unappealing in 2014, or they will be accepted as part of an “anything goes” culture.”

No, I’m not very bright.

Case Study #1: The Golf Digest Cover

Paulina-Gretzky-on-cover-of-Golf-Digest

The cover of the latest issue of Golf Digest caused a stir by featuring Paulina Gretzky, who plays a little golf but who is primarily a model, and obviously there for other reasons. Until the Gretzky cover, the only woman to appear on the magazine’s cover without having won a pro or major amateur event was Golf Channel personality Holly Sonders, in May 2013. From the New York Times: Continue reading →

Yet Another Consequentialism Lesson From Baseball

/ Jack Marshall / 3 Comments
It's for your own good, kid.

It’s for your own good, kid.

Consequentialism is the ethical fallacy of  judging an action right or wrong according to its ultimate effects, which are unknowable at the time the decision is made. This is, essentially, the equivalent of a “the ends justify the means” philosophy applied as a backward-looking tautology: if the end result turns out to be desirable, then it  justifies the means and the act was ethical. If the ends are undesirable, then the conduct was wrong unethical. People do tend to think to think this way, which is why decisions that don’t work out are frequently called mistakes. Conduct is not a mistake, however, if it was the best possible decision at the time, arrived at logically and according to sound principles.

Sports, and particularly baseball, reinforce the adoption of consequentialism, which is one way sports can make people stupid….especially sportswriters, who love to second-guess managers, players and coaches by using hindsight bias: it’s easy to pronounce a decision a mistake once you already know its results. Easy, and unfair.

On Saturday afternoon, Washington Nationals manager Matt Williams punished his 21-year-old star outfielder Bryce Harper for not running hard to first base on a ground ball tapper back to the pitcher in the top of the sixth inning. The punishment Williams levied was Old School: Williams benched the young player—just like Joe Cronin did to Ted Williams in 1939 and 1940–sending the message that either you hustle and play hard, or you don’t play, no matter how good you are. This is his duty as a manager, a leader, a mentor and a teacher, and it makes a vital statement to the entire team. Continue reading →