Family

Aaron Hernandez And The Weird Legal Doctrine Of Abatement Ab Initio

/ Jack Marshall / 7 Comments

The predator priest, the corrupt CEO, and the murderous Patriot, all innocent because they’re dead….

Massachusetts judge Judge E. Susan Garsh ruled that the state’s law required her to vacate the 2015 murder conviction of former New England Patriots star Aaron Hernandez. Because Hernandez’s appeal was pending when he committed suicide in his cell, she said,  the common law doctrine known as abatement ab initio applied: a defendant’s death before an appeal erases his conviction. Prosecutors argued that Hernandez’s purpose in hanging himself on April 19 was to to void his conviction, but Judge Garsh responded that she was bound to follow state law anyway, especially since Hernandez’s motives were unknown. She had presided at the trial in which a jury found Hernandez  guilty beyond a reasonable doubt of the murder of semi-professional football player Odin Lloyd.

The fact that some legal and ethical puzzles have proven unsolvable despite troubling lawyers, judges, legislators and scholars for decades (and sometimes centuries) is one of the best proofs I know for The Ethics Incompleteness Principle, which holds that no rule or principle makes sense in all circumstances, and that human beings are incapable of articulating perfect laws and rules that will work as intended in every case. Abatement ab initio is a classic example.

Abatement is the dismissal or discontinuance of a legal proceeding “for a reason unrelated to the merits of the claim.” It is available in both a civil and  criminal context. Traditionally, the death of a criminal defendant following conviction  but before an appeal can be made mandates abatement. The effect of  the doctrine is to discontinue all proceedings  and to dismiss the appeal as moot, overturn the conviction, and dismiss the indictment. The deceased defendant reverts back to his status before being charged. In the eyes of the law, he is innocent…again. Continue reading →

From The Ruddigore Fallacy Files: “60 Minutes” Seeks Sympathy For Another Deported “Good Illegal Immigrant”

/ Jack Marshall / 34 Comments

Earlier installments regarding the deportation of “good” illegal immigrants are here, here, here, and here. We are cursed to hear about these until the stars turn cold.

“60 Minutes” showed viewers the sad story of Roberto Beristain, an illegal immigrant deported to Mexico after being in the U.S. for nearly 20 years. This was part of the news media’s ongoing anti-Trump assault, as well as an effort to pull at the public’s heartstrings while paralyzing its brains.

The CBS news magazine gathered Beristain’s family and friends in Granger, Indiana so they could express their frustration that someone with no criminal record like Roberto could be separated from his wife and children, who are all citizens.

“It just feels wrong,” Kimberly Glowacki said. Michelle Craig said she voted for President Trump, but did so because he promised to deport dangerous criminals. “This is not the person he said he would deport,” she said. “The community is better “for having someone like Beristain in it.

Wrong, wrong and wrong. While the President emphasized that the nation’s passive enforcement of illegal immigration allowed dangerous criminals to enter the nation, he never suggested that “good illegal immigrants” should be allowed to break our immigration laws with impunity, as long as they became law abiding illegal citizens. What did Michelle think the wall was all about? Did she think it would somehow let good illegal immigrants in while stopping the “bad hombres”?

Beristain was as much of a border-jumper success story as the there is, a former cook and new owner of a popular Granger restaurant , “Eddie’s Steak Shed,” that employs about 20 people.  He had no criminal record in the U.S.. He entered the U.S. in 1998 illegally but had been issued a temporary work permit, Social Security number and drivers license under the Obama administration, an irresponsible policy that sent a “Illegals Welcome!” message to the world. The Trump administration, to its credit, has ended this cynical nonsense. If you are here illegally, you are subject to deportation at any time, and should be. The argument that by being a “good” illegal after you get here somehow erases the fact that you shouldn’t be here is what has been named “The Ruddigore Fallacy.” To refresh your memory: Continue reading →

Ethics Observations On Bill Maher’s Incest Joke About Ivanka Trump

/ Jack Marshall / 28 Comments

This is my favorite photo of Bill Maher. It captures the essence of his charm, his manners and his wit so perfectly…

Following the (much deserved and still not sufficient) criticism of Fox News’ Jesse Watters’ leering “joke” about Ivanka Trump’s handling of a microphone, HBO’s Bill Maher gave conservative critics an opportunity to trot out the  “we have standards, where are yours?” accusation against liberals when the host of “Real Time” made suggestive gestures while talking about how the First Daughter “helps” President Trump.

“What do you make of Ivanka and her efforts to sort of humanize her father?”, the comic asked guest Gabe Sherman ( a writer, book author, Fox News critic and a vocal one regarding Watters’ incivility). “We see all this misogyny at Fox News [ KABOOM!, incidentally. If there is anyone on earth other than the President more ethically estopped from accusing someone else of misogyny, it’s Maher, who flings “cunt” and “twat” at women he disagrees with and who cheered Bill Clinton’s exploitation of Monica Lewinsky on the grounds that “he works hard, and he deserves it”); we see it in Donald Trump himself. A lot of us thought, Ivanka is gonna be our saving grace.” Then, as he mimed Ivanka masturbating her father, Maher continued, “When he’s about to nuke Finland or something, she’s gonna walk into the bedroom and—”Daddy, Daddy…’Don’t do it, Daddy!”‘

This most recent vulgarity by Maher as his audience of hateful left-wing boors hooted on cue even moved the progressive tool Daily Beast to complain that “if liberals are going to castigate Donald Trump for his boorish, sexist behavior, they shouldn’t behave in a similar fashion” —a point that is too little and far too late in the case of proudly boorish, sexist Bill Maher.

Ethics Observations: Continue reading →

Torturing Kids For Giggles And Profit: The DaddyOFive Videos And The Cultural Scourge Of Child Exploitation

/ Jack Marshall / 25 Comments

The story on “The Conversation”: is headlined, “When exploiting kid for cash goes wrong on YouTube….” and there we have the problem in black and white.

Exploiting kids is wrong to begin with and in all respects; it can’t “go wrong.” The culture doesn’t just get it. This ethics alarm has been sounding at ear-breaking pitch for a long time. Too many adults and media opinion-makers have not just tolerated cruel and abusive uses of children by the very people who are obligated to protect them—their own parents– but encouraged it. In such a child-focused culture,where “Think of the children!” is an all-purpose emotion-bomb employed with regularity to obliterate  rational policy arguments, this ugly realm of ethics blindness still thrives.

Ethics Alarms has done its best to cast a light on the cultural scourge from the blog’s beginnings. There were “the Biking Vogels.”  There was Jon and Kate Plus Eight. But what chance do I have trying to explain that all child exploitation is unethical whether it is done for cash or not, when a late night TV star, Jimmy Kimmel, has been gleaning fans, applause ratings and YouTube hits by encouraging parents to “prank” their own children to almost no criticism at all? I even started a Facebook page to stop Kimmel from doing this, as he does every Christmas, Halloween, and whenever his child-hating writers have a sadistic brainstorm.

Maybe the exposure, shaming and punishment of Heather and Mike Martin, of Ijamsville, Maryland will finally have some impact, but at this point I am dubious. Yesterday these horrible people appeared on ABC’s Good Morning America to weep, lie, grovel and try to make the public feel sorry for them, as their torture videos threaten to cost them custody of some or all of their children.  Anyone who does feel sorry for the Martins is a fool, and perhaps one of the complicit millions of internet viewers who rewarded the couple for using their children as props, dupes and victims. When you make money by torturing your children to attract YouTube hits, that is signature significance. You are a vile human being, with your values and ethics rotting somewhere in your brain like a dead rat in the attic. The Martins are indefensibly ethics-free human beings, though just two of many. How much can the culture condemn them, when an even worse human being is paid millions by ABC—the hypocrisy of the network is staggering—to encourage the same conduct they are now being, finally, attacked for?

The YouTube video that finally served as a tipping point was the one where the Martins poured  ink on the bedroom floor of one of their five young children. The Washington Post describes it:

Heather Martin, a.k.a. “MommyOFive,” is screaming. “Get your f—— a — up here!” she yells at Cody, her young son. Mike Martin — DaddyOFive to his family YouTube channel’s 750,000 subscribers — follows along behind with the camera as Cody runs upstairs. Soon, he is yelling, too: “What the hell is that?” There is ink all over the floor of Cody’s room. The boy begins to cry. “I didn’t do that,” he says, his face turning red. “I swear to God I didn’t do that.” For three minutes, the parents scream and swear at Cody and his brother Alex, accusing them of spilling the ink. Suddenly, MommyOFive reveals a small bottle in her hand. She smiles and laughs. The ink was trick ink, she says, it will disappear from the floor. “You just got owned!” DaddyOFive says, pointing the camera in the faces of his children, who appear to be elementary school-aged. “It’s just a prank, bruh!” As the Martin parents laugh, their children remain sitting on the bed, faces still red from crying.

HAHAHAHAHAHA!!! This is hilarious!

With over 760,000 subscribers,  DaddyOFive earned between$200,000-350,000 each year from YouTube advertising revenue. The ink prank wasn’t the worst of the videos either, not at all. In addition to the emotional abuse being inflicted on the Martin kids, there was often physical abuse. Some videos showed them being pushed into furniture or walls by their father, or being struck by siblings. Here is a sampling of the videos, as they were promoted on DaddyOFive:

Nice. Although these have all been removed by the Martins or by YouTube for violations of their policies—which YouTube apparently only enforces vigorously when sufficient bad publicity is stirred up—they have been archived here. Continue reading →

Ethics Dunce: Annie Peguero, Defiant Breast-Feeding Mom

/ Jack Marshall / 122 Comments

Ah, yet another feast from the legal/ethical divide, with seasoning from the minority/majority ethics balancing dilemma, and a side-dish of favored group arrogance and entitlement! The beverage? Why breast milk, of course!

Yum!

Annie Peguero’s 19-month-old baby became unruly during the service at the Summit Church in Springfield, Virginia, so she nursed her, right there, in the church. She was quickly asked to move the operation to a private room, but Peguero refused.The church staff told her that it does not allow breast-feeding without a cover because the activity might make members of the congregation uncomfortable.

The mother of two left the church, and soon posted a livestream video on Facebook telling viewers her side of the story and urging women to stand up for breast-feeding.

“I want you to know that breast-feeding is normal,” she said.

Is it normal without any cover in a church? That church? Peeing is normal, but I wouldn’t rely on the “normal” categorization take a whiz in a pew. Farting is normal, but if I felt a big one coming, I would excuse myself. Eating is normal, but chowing down on a huge Italian sub during the hymns would be in bad taste. Sex is normal, but…well, you get the idea. Annie doesn’t.

To complicate the matter, breast-feeding is a legally protected right in Virginia thanks to badly written 2015 law that says women have a right to breast-feed anywhere they have a legal right to be. Dumb law, overly broad, and probably the result of pandering to the mommy lobby while assuming that mothers wouldn’t try to stretch the law to absurd limits. But Virginia also has a Religious Freedom Preservation Act, § 57-2.02, which says,

No government entity shall substantially burden a person’s free exercise of religion even if the burden results from a rule of general applicability unless it demonstrates that application of the burden to the person is (i) essential to further a compelling governmental interest and (ii) the least restrictive means of furthering that compelling governmental interest.

Do we really think that churches shouldn’t be allowed to have dress and decorum codes and policies? Continue reading →

Ethics Quiz: Lying To The Dying, Or Trump Derangement Meets “The Magnificent Seven”

/ Jack Marshall / 31 Comments

In “The Magnificent Seven,” the original classic, not last year’s disappointing re-make, Harry Luck (Brad Dexter) had always been convinced that the real reason the Seven had agreed to help a poor Mexican village fight a predatory bandit band was because the town had a secret treasure to share. (It didn’t.) Harry refuses to join the rest as they make one desperate effort to help the farmers, then at the peak of the gunfire gallops back into the village to join the battle–and is promptly shot. Dying, he begs Chris (Yul Brenner) to confirm his suspicions…

Harry Luck: Chris… I hate to die a sucker. We didn’t come here just to keep an eye on a lot of corn and chili peppers, did we? There was something else all along, wasn’t there?

Chris: Yes, Harry. You had it pegged right all along.

Harry: I knew it. What was it?

Chris: Gold. Sacks of it.

Harry: Sounds… beautiful. How much?

Chris: At least a hundred and fifty.

Harry: My cut would have been what?

Chris: About seventy thousand.

Harry: I’ll be damned. (He dies)

Chris: Maybe you won’t be.

Today’s news has another story involving lying to a dying man, a really stupid story.

Michael Garland Elliott, 75,  died of congestive heart failure in his Oregon home ,surrounded by his caregivers, neighbors and friends.  Right before the end, his ex-wife,spoke with him over the phone from her home in Austin, Texas.

She told him that President Trump had been impeached.   “I knew it was his very, very last moments,” Teresa Elliott told reporters. “I knew that would bring him comfort and it did. He then took his final breath.”

Your Ethics Alarms Ethics Quiz of the Day is…

Is it ethical to lie to dying friends and loved ones?

Continue reading →

What Wellesley College Students Consider To Be Freedom Of Speech

/ Jack Marshall / 23 Comments

A recent editorial in the Wellesley College student newspaper—Wellesley, as I’m sure you know, is the alma mater of Hillary Clinton—has justly set off ethics alarms across the political spectrum. That, at least, is good news: the hostility to free thought, expression and speech that I thought had decisively corrupted one side of that spectrum apparently is not as entrenched as I thought, or at least it is being diplomatically disguised.

The editorial with the Orwellian title of  “Free Speech Is Not Violated At Wellesley ” (it would have been accurate if the headline read “We Think Free Speech Is Not Violated At Wellesley Because Wellesley Hasn’t Taught Us What Free Speech Is”), contained several month’s worth of Ethics Alarms Unethical Quotes of the Week, such as

Many members of our community, including students, alumnae and faculty, have criticized the Wellesley community for becoming an environment where free speech is not allowed or is a violated right….However, we fundamentally disagree with that characterization, and we disagree with the idea that free speech is infringed upon at Wellesley. Rather, our Wellesley community will not stand for hate speech, and will call it out when possible.

Translation: We don’t oppose free speech. We just oppose speech we disagree with.

Wellesley students are generally correct in their attempts to differentiate what is viable discourse from what is just hate speech. Wellesley is certainly not a place for racism, sexism, homophobia, Islamophobia, transphobia or any other type of discriminatory speech. Shutting down rhetoric that undermines the existence and rights of others is not a violation of free speech; it is hate speech.

By this definition, the editorial itself is hate speech. This is the kind of rhetoric that Captain Kirk used to make evil computers blow their circuits on “Star Trek.”

The founding fathers put free speech in the Constitution as a way to protect the disenfranchised and to protect individual citizens from the power of the government. The spirit of free speech is to protect the suppressed, not to protect a free-for-all where anything is acceptable, no matter how hateful and damaging.

Now we know they don’t teach American History at Wellesley as well as philosophy and logic.

We have all said problematic claims, the origins of which were ingrained in us by our discriminatory and biased society. Luckily, most of us have been taught by our peers and mentors at Wellesley in a productive way. It is vital that we encourage people to correct and learn from their mistakes rather than berate them for a lack of education they could not control.  While it is expected that these lessons will be difficult and often personal, holding difficult conversations for the sake of educating is very different from shaming on the basis of ignorance.

Wait, wasn’t this endorsement of indoctrination written by Lenin or Stalin? Surely this section should be in quotes with attribution.

This being said, if people are given the resources to learn and either continue to speak hate speech or refuse to adapt their beliefs, then hostility may be warranted.

I’m sorry, I just ran screaming from my office and momentarily lost my train of thought.

Pointing to the worst sections of the editorial fail to convey its gobsmacking intellectual flaccidity, smug certitude and hostility to the open exchange of ideas. We know where this came from, too: the  education at Wellesley. This month, six Wellesley professors who comprise the college’s Commission on Race, Ethnicity, and Equity signed a letter maintaining that Wellesley should not allow challenges to the political and social views that the campus has decreed are the correct ones, arguing that speakers who are brought to campus to encourage debate may “stifle productive debate by enabling the bullying of disempowered groups.” Continue reading →

Ethics Quiz On A Story I’m Betting Is A Hoax: The “Identical Twins” Married Couple

/ Jack Marshall / 31 Comments

I have now read three accounts in borderline news sources about a Mississippi married couple who went to a fertility clinic and discovered to their horror that they were “identical twins.” I’m assuming it is a fake news story, perhaps planted through collusion with the Trump campaign by Russian government operatives, and not just because identical twins cannot be different sexes. (Hey! Maybe one of them had  gender reassignment surgery! Now that would be a story!)

I suppose it’s possible; Robert Ripley found odder coincidences for decades, but never mind: let’s assume for the sake of ethics problem-solving practice that the story is true. (I’ll be stunned if it is.)

Your Ethics Alarms Ethics Quiz of the Day is…

What is the couple’s most ethical course now that they know they are siblings, or is there one?

Key question: Is this ick rather than ethics?

Trap: I’m not asking what’s moral.

It’s all yours…

Comment Of The Day (2): “A Definitive Tome About Pit Bulls, Which The Breed Bigots Will Ignore, Naturally”

/ Jack Marshall / 9 Comments

No, this isn’t my sister’s Havanese, but you get the idea…

“There are two kinds of people…” and one of the most undeniable ways to finish this much-worn sentence is “those who understand dogs and those who don’t.” To understand them is to marvel at them, cherish them, and love them. Not to understand them, as an astounding number of humans do, is to live in ignorance and fear, and to miss out on one of the mystical joys of life: bonding with an animal.

I never fully appreciated this until my younger sister under went a rare midlife conversion, changing sides from the canine-phobic to the dog-allied.  Divorced, she was faced with an empty nest, and though she had always emulated my mother, who had nothing but contempt for dogs (cats too), decided that she could not bear returning to a house with no one to express joy that she had returned.

My wife, who had witnessed  my sister’s callous treatment of our dogs, who were greatly insulted, was dubious, and was certain her new companion, an abusrdly cute, cheerful, silly, dumb as a brick Havanese named “Elphie,” would be neglected. She has never been happier to be wrong.

My sister’s entire attitude has changed, not merely toward dogs, but toward the whole of humanity and the world. She is happier, friendlier, more resilient and less anxious. She has fearlessly assisted a huge lost wolf hybrid; she has guided a wandering Great Dane home; she lets pit bulls leap up to lick her. Now she complains that she missed so many years of interaction with what she has learned are fascinating, empathetic, loving creatures with individual personalities and the ability to surprise and delight every single day.

I thought of my sister as I read Lisa Weber’s Comment of the Day on the most recent Ethics Alarms post about the other side. Here it is:

A dog’s heart is cooperation over competition. Here in SoCal the shelters are full of Pitties and Chi’s and their mixes. I blame greedy ignorant breeders, a throw away society that thinks nothing of getting rid of dogs that become an inconvenience, and a lazy society that won’t put the effort and time into researching before acquiring, socializing and training….but still wants a puppy over an adult dog…

I sit at my desk, typing this listening to the soft snores of the dogs at my feet. All 16 of them. Yesterday there were 17. I had to help one old fellow shuffle off the mortal coil yesterday. Some asshole dumped him and his elderly lady friend at the shelter, claiming they “found them running stray”. Because they were “stray” the shelter by law had to hold them 5 days for their owner to reclaim them, which never happened. See in our state, it costs $80 to surrender your dog, but to drop off a stray is free. Hence we get a lot of strays that certainly weren’t stray.

The little old pug dogs, Monty and Matilda, sat on the cold, cement floor of a kennel terrified for 5 days before I could be allowed to get them. By then they both had caught kennel cough and an intestinal bug. Matilda has a collapsing trachea, and her kennel cough quickly turned to pneumonia. I had to put her in my ICU cage on oxygen twice to save her life. She is recovering now, but still doesn’t want to eat much. Her boyfriend Monty had bizarrely abnormal x-rays and an ultrasound revealed a huge tumor on his liver which was displacing his other organs. I had him just two weeks before having to let him go. At least he died warm and loved with gentle hands and the tears of someone who loved him on his coat instead of on the cold cement with a heart stick. That is how he would have died if I didn’t intervene. Both of them little old balls of furry love. How can humans fail their oldest companions so completely?

Continue reading →

Dead President Ethics: The Post Mortem Odyssey Of James K. Polk

/ Jack Marshall / 10 Comments

James K. Polk is one of my favorite Presidents, in part because he has never received his due for being spectacularly effective, if unwavering ruthless in achieving his goals. By the standards of fulfilling his own stated objectives, a President can’t be more successful than Polk. He pledged to expand U.S. territory to the West, Southwest and North, and did so, then served only one term, as he had promised. Polk also wrote a fascinating diary, essentially an autobiography.

His relative obscurity arises in part because he was a one term President, but primarily because he existed in the shadow of his fellow Tennessean, Andrew Jackson, who was more flamboyant, more influential on more political fronts, and had far more than four years in the spotlight. He was also much taller. Poor Polk lived just three months after leaving office, dying of cholera in 1849, in Nashville. Tennessee. The laws of the time held that those who died of that dread disease be buried within 24 hours to prevent epidemics, so the former President of the United States was  laid to rest in a mass grave less than a year after leaving the White House.

A year later, Polk was removed from the mass grave and buried on the grounds of his Nashville home, Polk Place, in accordance with the will he drew up five months before his death. Polk, a lawyer, stipulated that his body and that of his wife be buried there, and that after his death and his wife’s, the property should be held in trust by the state, which would be bound allow a blood relative to live there. Unfortunately for the dead Polks, the ex-President made a tyro’s drafting gaffe. After Polk’s widow Sarah died in 1891, a court voided the terms of the will because it violated the common-law Rule Against Perpetuities: a property owner can’t bequeath property to unborn future generations. So Polk Place was sold to private interests, eventually razed, and today there is a boutique hotel on the property. On Sept. 19, 1893, Polk’s body and Sarah’s were moved again, to the Nashville grounds of the Capitol.

On a small patch of grass within a stone’s thrwo of the Capitol, the Polks’ grave is lies in a modest but attractive classical monument framed by Greek columns, with an inscription declaring  that Polk “planted the laws of the American union on the shores of the Pacific.” It was designed by William Strickland, the architect who also designed the Capitol itself and George Washington’s sarcophagus at Mount Vernon in Virginia. But Polk’s Jackson problem continues: his gravesite is dwarfed by a nearby equestrian statue of Old Hickory, and tourists virtually ignore it. And while Jackson’s grave at the Hermitage, his family plantation, is a major tourist draw in Nashville, Polk remains—that is Polk’s remains remain—an afterthought. When President Trump visited Nashville last month, he laid a wreath on Jackson’s tomb, and saluted him in a speech. As for the perpetually dissed 11th President, the campaign jeer of the Whig Party running against the first Dark Horse candidate in 1844 apparently remains appropriate: “Who is Polk?”
Continue reading →