Legal But Not Ethical: Sex With A Demented Spouse

Rayhons

In Iowa, a jury has found longtime Iowa state lawmaker Henry Rayhons not guilty of sexually abusing his wife by having sex with her at a nursing home. A doctor had told Rayhons that she had advanced Alzheimer’s disease. and was  no longer mentally capable of consenting to sex.

At the trial, Assistant Attorney General Tyler Buller told jurors  that Donna Rayhons’ Alzheimer’s disease had worsened in the months before last May’s alleged incident of unconsented sexual intercourse by her husband. She had washed her hands in dirty toilet water, Buller said, forgotten how to eat a hamburger and thought her first husband was still alive. Dr. John Brady later testified that Donna Rayhons had severe dementia, and thus any positive reaction to her husband’s physical advances could be termed a “primal response” at best. Brady testified that Donna Rayhons’ cognitive capacity had declined dramatically in the months leading up to the alleged offense. He explained that she had been diagnosed with Alzheimer’s based on several tests, including  a standard cognitive procedure in which patients are asked simple questions. By  May, Brady said, Donna Rayhons scored a zero on that test, and any score below eight indicates severe impairment, he said.

On his blog, the Volokh Conspiracy, Prof. Eugene Volokh makes a valiant effort to justify, excuse, or perhaps be compassionate regarding a man having sex with his wife after she has forgotten who he is or even what sex is. He argues, Continue reading

Now THIS Is Contempt Of Court…

You call that rant fighting back, Al? That's nothing! THIS is fighting back...

You call that rant fighting back, Al? That’s nothing! THIS is fighting back…

It’s always useful to have rock bottom standards against which all other similar incidents can be compared, so we all owe Tamah Jada Clark a debt of gratitude.

Police in Camilla, Georgia, had arrested her after a September 2010 “suspicious vehicle” stop turned up loaded AK-47 rifles and a .45-caliber pistol in her trunk, apparently intended tools for a foiled plot to break her son’s father, Jason Clark, out of prison, where he has been sentenced to stay for the next 30 years. Police had intercepted incriminating phone calls. Along with some other novel defenses, Clark argued that she was unlawfully arrested because she legally owned the weapons and was not in the same city as the jail where Jason Clark was held, although she was stopped in a nearby town.

She submitted a nine page filing to the court titled, “F*ck this court and everything it stands for.”

Catchy! Some highlights…

  • “Look here, old man, when I told you I AM Justice – I meant it. It took me about 1 month to study the history of the world and to learn the history and inner workings American jurisprudence, literally. I was born to do this here. Don’t you know that your FBI and CIA have been trying to recruit me since grade school? Lol. But they’re unscrupulous losers like you, so it won’t be happening.”
  • “I am well aware that the court has not spoken to me because it cannot defeat my legal arguments – so it runs and cowers like a panic-stricken hoe that has stolen money from her back-handing pimp Just for the record: you are a hoe. This court is a hoe. And I will backhand you both, should you continue to waste my time.”
  • “I couldn’t give two f*cks about you or what you have to say. F*ck you, old man. You’re a joke. Your court’s a joke. You take it up the a*s; and you suck nuts. Lol.”

Imagine writing “LOL” in a court filing!

Outrageous. On the good side, it was sensitive of Clark to use the polite, acceptable version of “fuck.”

Fugitive for 39 Years Turns Himself In For Free Health Care…Wait, WHAT??

"Oh, Mr. Moore? We have that bed you made 39 years ago. Now lie on it."

“Oh, Mr. Moore? We have that bed you made 39 years ago. Now lie on it.”

From NBC:

“…Clarence David Moore, 66, called the Franklin County (Kentucky)Sheriff’s Office on Monday and said he wanted to turn himself in, the sheriff’s office said. When deputies arrived, they found Moore — who’d been living in Frankfort since 2009 and had ID’d himself as Ronnie Dickinson — partially paralyzed and unable to walk because of a recent stroke. He was arrested and taken by ambulance to a hospital for examination before he was taken to the Franklin County Regional Jail.

“Sheriff Pat Melton told NBC station WLEX of Lexington on Tuesday that Moore said he’d escaped from the Henderson County, North Carolina, Prison Unit in the mid-1970s and has been on the lam for almost four decades. But as he got sicker, he couldn’t get medical coverage to pay for the complications of his stroke and other health problems, because he doesn’t have a valid Social Security number under his alias…Moore was arraigned Tuesday morning and waived extradition to North Carolina on a charge of being a fugitive from another state. He was being held without bond pending his being returned sometime this week….”

I hate to appear uncharitable, but I don’t understand this at all.

Moore chose to defy the justice system for 39 years, and now wants to get the benefit of it on his terms, when it’s useful and convenient to him?

He chose to avoid paying his debt to society. Society certainly has no debt to him. The ethical course is for the North Carolina’s governor to pardon Moore, and allow him to fend for himself, stroke or not. For taxpayers to have to foot the bill for a felon’s health care when he has shown nothing but utter contempt for the justice system is a travesty of justice, logic and ethics. If it’s compassion at issue, take the money that would have to be spent on Moore and use it to help an elderly law-abiding citizen who can’t pay his medical bills.

Or burn it.

Does the State have some subtle ethical obligation to the fugitive that I’m missing?

Ethics Dunce: Alexandra Robbins, The Mocking Nurse

Mockery

If you set out to defend ethically indefensible conduct in print, you better be able to do a better a job of it than this.

Alexandra Robbins, in an op-ed causing quite a bit of controversy in the Washington, D.C. area, attempted to not only justify the despicable conduct of medical professionals deriding and ridiculing their unconscious patients, but to sanctify it, arguing, lamely, that doctors and nurses are mocking the unwitting and vulnerable human beings who have placed their lives in their hands in order to “rejuvenate [the medical personnel] and bond them to their teams, while helping to produce high-quality work. In other words, the benefits to the staff — and to the patients they heal — outweigh occasional wounded feelings.”

Right.

Robbins’ protests of virtue amount to a desperate raid on the Ethics Alarms Rationalization List, which, as always, operates as virtual Rotting Ethics Detector, or RED. If you find yourself thinking these corrupting self-delusions, you’re on the verge of unethical conduct; if you find yourself saying them, you’ve applied for membership in the Dark Side, and if you are so rationalization-polluted that you proclaim them in print, like Robbins, you shouldn’t be trusted to mail the water bill, much less to cavort in the operating room.

Rationalizations aren’t the only ethical problem with her loathsome essay. The entire thing is a Jumbo, denying the blatantly undeniable. “Oh, no!” readers are told. “We aren’t being disrespectful to patients when we mock their weight, sex organs, or the maladies that placed them in pain, peril and in our care!” Robbins expects us to believe that insults constitute “non-destructive coping measures” that help nurses and doctors “provide the best possible care, even if those methods might seem unprofessional outside of the health-care setting.”

They seem unprofessional because they are unprofessional. Continue reading

“Negative Polarization,” Bigotry, And Hillary

destroying America

Today in the Times, last week, and over the weekend, there were numerous essays (like this onethis and this) about a recent study that examined the growing phenomenon I have previously written about here and here. The paper’s authors, Alan Abramowitz and Steven Webster, use the term “negative polarization,” but what they are describing is really a kind of bigotry, citizens making important democratic decisions purely on the basis of conditioned hatred and dislike based on gross generalizations about political parties and their supporters rather than dispassionate analysis and independent consideration.

Their conclusion isn’t original; it’s not even surprising. It closely follows last year’s study out of Stanford reaching the same conclusion. Americans increasingly demonize one party or the other and all their representatives and members, thus automatically rejecting policy initiatives, arguments and positions not because of their content, but based on their origins and the identity of their supporters—pure, blind cognitive dissonance. As a result, they will choose candidates and policies irrespective of any rational analysis, based solely on the assumption that the opposing candidate and policy come from a vile and intolerable source.

These studies indicate that Americans now discriminate more on the basis of party than on race, gender or any of the other great divides— and that discrimination extends beyond politics into personal relationships and non-political associations. Americans increasingly live in neighborhoods with like-minded partisans, date and marry fellow partisans and disapprove of their children partying with members of the other party. They are, the data says, more likely to choose partners based on partisanship than physical beauty or personality.

The Stanford study concludes (the Emory study concludes similarly),

“Unlike race, gender and other social divides where group-related attitudes and behaviors are constrained by social norms, there are no corresponding pressures to temper disapproval of political opponents. If anything, the rhetoric and actions of political leaders demonstrate that hostility directed at the opposition is acceptable, even appropriate. Partisans therefore feel free to express animus and engage in discriminatory behavior toward opposing partisans.”

Naturally, this has set off the usual round of finger-pointing by pundits and the media, which itself shares much of the blame. I know who and what have seeded these dragon’s teeth, and the list is long, beginning with Rush Limbaugh, Mark Levine, Bill Press, the Clintons, Lanny Davis, Matt Lauer, Newt Gingrich, Tom Delay, the idiots who made out Florida’s 2000 ballot, Al Gore, George W. Bush, Dick Cheney, Karl Rove, Paul Begala, Jerry Falwell, Mary Matalin, James Carville, David Axelrod, Chris Matthews, Ted Cruz, the Congressional Black Caucus, Fox News, Donald Trump, Truthers, Birthers, Barack Obama, Joe Biden, MSNBC, Roger Ailes, Rupert Murdoch, Eric Holder, the New York Times editorial board, Charles Blow, the Daily Kos, David Brock and Media Matters, Move-On, Breitbart, Michael Moore, Al Sharpton, Pat Robertson, Harry Reid, Tom DeLay, Nancy Pelosi, the Tea Party, Michael Savage, Salon, Sean Hannity, Sarah Palin, Ann Coulter, Stephen Colbert, Jon Stewart, and many others, a majority of whom made a conscious decision to exacerbate the divisions in our nation for their own gains in power, influence and wealth. Continue reading

Inevitable, Unethical, Technological Incompetence By Our Governments

Hey, what could go wrong?

Hey, what could go wrong?

The legal profession is in the midst of an ethics crisis not of its own making. New technologies, including social media, have created opportunities for vastly improved legal services, to such an extent that the American Bar Association has decreed that an ethical, competent lawyer, must use them. It has also made it clear that using them carelessly to the detriment of clients is unethical as well. It all sounds reasonable, except for this: few lawyers are equipped by education, training or nature to be adept at technology. Worse, technology is now changing so fast that few lawyers can keep up with it.

Thus they make mistakes. Costly mistakes, disastrous mistakes, stupid mistakes, and there is no learning curve, because by the time lawyers understand and master a new technology, it is no longer new, and it has taken on a different form that requires them to start all over again. The ABA and other bar associations have acknowledged this through inaction. After numerous instances where their ethical guidelines regarding the use of technology were obsolete or wrong from the moment they were issued, these bodies have resorted to general edicts only, essentially saying, “You must master available legal practice technology, and you must not screw it up. Don’t ask us how, we’re as confused as you are.”

Gee, thanks.

Unfortunately, it is not just the legal profession that is in peril from technological overload, unrealistic expectations and the speed of innovation. Our various levels of governments are, if anything, in even worse peril from the same phenomenon.

One week ago, the Virginia State Board of Elections frantically voted to  decertify use of the AVS WinVote touch-screen Direct Recording Electronic voting machine, meaning that the machines, which were used by dozens of cities and towns in Virginia, are effectively banned. Virginia is holding primaries  just two months from now, so this has thrown those local governments into a panic. The decision was unavoidable, however, after a shocking a report that demonstrated that the machines could be hacked, and elections rigged, by a 12-year-old…that is, anyone with more technological expertise than local government officials.

Continue reading

Oh Fine, Now Candy TV Commercials Are Getting Smutty

Reeses

At 8:46 AM, a Reese’s Peanut Butter Cups commercial popped on TV. “Women want like to make it last,” bold type told us. “Men are done in seconds.”

“Typical.”

Who decided that gratuitous sexual innuendo is inherently hilarious and appropriate in every context, at every moment? Well, no one yet. Again, it is the boors in ad agencies and clods in corporate boardrooms who are pushing us down this uncivil, impolite, needlessly sleazy path.  We can remind them that there are limits dictated by taste and decorum, or we can just shrug it off, part of the irreversible ratchet process called “defining deviancy down.”

Of course, we can’t expect advertisers to display respect to their audiences if their audiences prove they deserve none.

How long do you think it will be before we see a Reese’s ad featuring a kinky couple mid-sexual romp, and the naked male points to his erect penis, crying, “Hey! You got peanut butter on my chocolate sauce!” Then his partner, after, ah, checking it out, cries, “Mmmmm! But it tastes great!”

At this rate, not long at all.

Ethics Quiz: The Obituary Campaign Pitch

Oh, heck, let's see how Larry polls against the GOP field...

Oh, heck, let’s see how Larry polls against the GOP field…

In Colorado’s Cabarrus County, the family of Larry Upright, 81, concluded his on-line funeral home obituary with this…

“Also, the family respectfully asks that you do not vote for Hillary Clinton in 2016. R.I.P. Grandaddy.”

I can’t resist this one, and so your Ethics Alarms Ethics Quiz of the Day is:

Is it ethical for a family to include a political message in a family member’s obituary? Continue reading

Comment of the Day: “KABOOM! Head Exploded, Can’t Write, Don’t Need To: The FBI Forensic Scandal”

FBI 1

Long-time Ethics Alarms commenter Michael R. delivers another of his provocative and informative Comments of the Day, this time on the festering scandal that is prosecutor misconduct and abuses of due process in our criminal justice system. This kind of commentary justifies the existence of Ethics Alarms, in my view, regardless of what I may write here. It is a virtual template for what makes a Comment of the Day.

Here is Michael R’s COTD on the post, “KABOOM! Head Exploded, Can’t Write, Don’t Need To: The FBI Forensic Scandal”… Continue reading

Unethical Quote Of The Week: Ohio Governor John Kasich

“[T]he most important thing is, what does the Lord want me to do with my life?”

Potential GOP Presidential candidate John Kasich, Governor of Ohio, explaining what considerations will determine whether or not he enters the race.

"Governor? It's for you."

“Governor? It’s for you.”

There is so much wrong with Kasich saying this that the only question now is whether it disqualifies him for elected office.

I guess that’s excessive, though. In a political culture in which Hillary Clinton is considered qualified to be President, almost no one can be truly disqualified. Anything goes, as long as you are wearing the right team colors.

If the Founders knew their democracy would come to this, I think they would have decided to just submit to King George’s tyranny.

Kasich is a skilled governor, just as he was an outstanding House member in a crowd of Republican embarrassments during the Bush years. Then he tried being a talking head for Fox, and had the integrity to quit in disgust. He seemed to have the qualities necessary to elevate the Republican presidential field.

Guess not:

1. He is pandering. The GOP evangelicals and religious right have a lot of power and influence, and they are the only ones who could possibly take Kasich’s statement seriously. “Ah!” they will say, or so Kasich’s shameless advisors have convinced him, “He’s one of us! He believes that weather disasters are visted upon us because of America’s sins! He believes that women belong barefoot and pregnant, that Adam was ducking dinosaurs, that school prayer will cure our ills…that good people ought to be able to shun and exclude the sinful by refusing to sell them services that they provide to everyone else, and that homos are the spawn of Satan.” The statement that Kasich is dictated to by God hints that he thinks a theocracy is hunky-dory. Hey, look at Iran!

2. He is lying. Or he is deranged.

3. The belief that God is likely to choose you as a leader of the most powerful nation on earth is so devoid of humility and so unfair to and disrespectful of the democratic process that it boggles the mind.

4. It avoids personal accountability.

5. The statement is a declaration of incompetence and fecklessness. What other decisions will President Kasich place in God’s hands, or blame on Him when they turn out to be duds?

6. Waiting for God to declare the right course is an intentional abdication of ethics for the moral direction on others, or, if you prefer, Others.

 God made you say that, John, so you would not be President. You have your answer.

Dummy.

 

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