Family

Ethics Observations On The “Affluenza” Sentence (And None Of Them Involve Criticizing The Judge)

/ Jack Marshall / 580 Comments
Judge Boyd, being judged. (The earlier photo posted was NOT Judge Boyd. I apologize to the judge, readers, and whoever's photo that was.)

Judge Boyd, being judged. (The earlier photo posted was NOT Judge Boyd. I apologize to the judge, readers, and whoever’s photo that was, for the error)

The newsmedia and blogosphere are going bonkers over the sentence given to Ethan Couch, the 16-year-old Texan who pleaded guilty last week to four counts of intoxication manslaughter and two counts of intoxication assault causing serious bodily injury. He had a blood-alcohol level three times the legal limit (Couch had stolen beer from a Walmart), plus traces of Valium in his system, when he lost control of  the Ford F-350 pick-up he was driving (over the speed limit) and slammed into four people trying to fix a disabled car on the shoulder. They were killed; two of his seven passengers were critically injured. Prosecutors proposed 20 years in jail as the proper punishment for Couch, but his attorneys tried a novel defense: they had experts testify that their client suffered from “affluenza,” a malady caused by his rich, amoral, neglectful parents, who taught him (the theory goes) that there are no consequences for anything, if one has enough money.

Rejecting the prosecution’s argument, State District Judge Jean Boyd, presiding over the Fort Worth Juvenile Court, shocked everyone by sentencing Couch to only 10 years of probation—no prison time at all. The gist of the media outrage: once again, the life philosophy of Couch’s sociopathic parents is validated. The rich get away with everything: a poor, minority defendant who engaged in the same conduct would have been imprisoned. This is the injustice of the criminal law system in America.

Maybe. But let’s not get ahead of ourselves.

I think the judge, despite what we are hearing from the media, may have done her job well.

Continue reading →

“When Will They Ever Learn?” Department: “Baby Emma” Déjà Vu

/ Jack Marshall / 64 Comments
Preston and Baby Wyatt

Preston and Baby Wyatt

Once again, an unmarried father is trying to get the courts to award him custody of his child after the mother handed the child off to adoptive parents. This issue was recently examined by the U.S. Supreme Court in the case of Adoptive Couple v. Baby Girl, and on Ethics Alarms two years ago in its examination of the “Baby Emma” drama. Now it is in the news again, as Preston King, the 19-year-old father of “Baby Wyatt” fights for his child in the California courts

The details of these cases vary, as do the state laws governing them. In the Baby Emma case, for example, among the complexities were the fact that the state of the couple’s residence, Virginia, recognizes an unmarried father’s right to custody, while the state where the adoption took place, Utah, does not. All the cases have  in common a conflict between rights, law and ethics. Continue reading →

Six Questions Raised By A Horror Story I Wish I Had Never Read

/ Jack Marshall / 18 Comments
I don't ant to live in a culture than could produce these people. Unfortunately, I have no choice.

I don’t want to live in a culture than could produce these monsters. Unfortunately, I have no choice.

Occasionally I read a news item that makes me question my illusions, my optimism, my aspirations, and the rationality of hope. The saga of Jonathan and Sarah Adleta, a couple whose match was made in Hell and whose crimes sound like the rejected plot submission of a Law and Order SVU script writer whose mind has snapped, is just such a story, perhaps the most disturbing I have ever encountered.

If you continue reading, consider yourself warned.

After college student Sarah Adleta became pregnant with Jonathan Adleta’s child and tests showed that the fetus was female, Jonathan told her of his long-held fantasy about having incestuous sexual intercourse with a daughter. A deal was struck: he would marry Sarah, if she agreed to allow him to have sex with their daughter as soon as it was possible. Continue reading →

The T-Rex Escapes: Lessons Of The Washington Redskins’ Nepotism

/ Jack Marshall / 11 Comments

I can’t exactly say, like Jeff Goldblum as Dr. Ian Malacolm in “Jurassic Park,” that I hate being right all the time…in part because I’m not. It sure is frustrating, however, to see an ethics crisis looming, write about it once, then twice, and still see so many people surprised when it arrives like an angry T-Rex. Thus today, I began the morning by pounding my head against the wall to read in the Washington Post sports section a column by Jason Reid with the headline, “Mike Shanahan, by hiring his son Kyle, has created an untenable situation.” Wait, what year is this? Shanahan, the coach of the Washington Redskins, that team with the name that we’re not supposed to say, hired his son Kyle as the team’s offensive coordinator many moons ago, in 2010. It was a terrible idea at the time, an example of classic nepotism that created an immediate risk of exactly what is occurring now, and perhaps the certainty of it, if the situation endured long enough.

Last season, when the Redskins swept to the NFC East Championship behind thrilling rookie QB Robert Griffin III, the ethics-challenged sports fandom here (Washington, D.C., remember) cited the success as proof that nepotism is an ethics boogie man, nothing more. This was pure consequentialism. As I concluded my post on the topic last January,

“This is rank consequentialism in its worst form. Nepotism is an unethical way to run any staff, company, team, business or government, unfair, inherently conflicted, irresponsible, dangerous and corrupting. It should be recognized as such from the beginning, and rejected, not retroactively justified if it “works.”I’m sure there were and are non-relatives of the Redskins coach who could have devised a successful offense with RG3 taking the hikes. The ethical thing to do was to find them and give one of them the job. The Redskins coach’s nepotism is just as unethical in 2013 as it was in 2012, 2011, and 2010.”

In “Jurassic Park,” the same day that chaotician Malcolm warns that the dinosaur park is so complex that a fatal loss of control is inevitable, the systems break down and he gets nearly gets eaten. The same year I wrote those words, ten months later, it’s Mike Shanahan on the menu as Jason Reid wrote these: Continue reading →

Advice Column Ethics: Amy Forgets The Duty To Butt Out

/ Jack Marshall / 8 Comments

Get out

Newspaper advice column maven Amy Dickinson encountered one of those juicy letters that boosts readership but that should also set off ethics alarms. Her responsible, ethical course was to leave the situation alone. Unfortunately, she took the bait. How unfortunate, we will never know.

“Conflicted” (I have some better names for her ) wrote to “Ask Amy” because, she said, her conscience was bothering her, and no wonder. She had divorced her husband of five years two years ago. “We loved each other, but our marriage was deeply troubled,” she wrote, which is an understatement. He lied to her. He had “inappropriate relationships with other women.” He was profligate with money, and spent the couple into financial trouble. Worst of all, this: “…during a two-year period of our marriage and on five occasions, he was physically abusive. Not a slap or a shove, but full-out rage. I thought he would kill me.”

Naturally, she is still sleeping with him! “We see each other frequently and have a lively sexual relationship,” she says cheerily. The Ex assumed her old hubby had a social life outside of hooking up with his former wife/punching bag, and was fine with that, since the swinging Ex is also sleeping around: Hey, it’s the 21st Century! But now she has learned that he is in a serious relationship with another woman who does not know he never stopped making whoopee with “Conflicted.” They are talking about marriage and babies.

So now, she tells Amy, she is certain he will ruin this “lovely girl’s” life. She thinks she has an obligation to the innocent young thing to tell her about his spending problems and some other more recent details ( “he owes thousands of dollars on credits cards and has not filed his taxes in two years”) and, she says confidently, he “clearly” hasn’t told her about his spouse-bashing episodes, though  “Conflicted”  hasn’t asked him, and hasn’t talked to her. “What obligation do I have to share any of this information with her? I don’t know what to do,” she asks, plaintively.

Amy: This is the Amityville House talking to you now.

“GET OUT!!!” Continue reading →

Cuomo Interviewing Cuomo? Of Course It’s A Conflict!

/ Jack Marshall / 9 Comments

The interesting question isn’t whether CNN’s Chris Cuomo blithely interviewing the Governor of New York Andrew Cuomo—who happens to be his brother–is a conflict of interest and an example of unethical journalism. Of course it is. The interesting question is what it tells us about the state of U.S. journalism that such an interview could even occur.

Here are two prominent provisions of the Society of Professional Journalists Code of Ethics, requiring that ethical journalists…

  • “Avoid conflicts of interest, real or perceived.”
  • “Remain free of associations and activities that may compromise integrity or damage credibility.”

Is there any question that a CNN anchor man interviewing his brother regarding anything whatsoever violates both of these? Real or perceived? Compromise integrity or damage credibility? Seriously?

Cuomo the Anchorman was interviewing Cuomo the Governor regarding the recent train accident. Conflict? Sure: the journalist is supposed to have only one duty, and that is to his audience. But Cuomo the Anchorman obviously has another, potentially confounding duty of loyalty to his interview subject, and this he must not have. It calls into question his willingness to probe and, if the facts warrant it, to ask uncomfortable questions of his subject. If Chris Cuomo’s duty to his audience unexpectedly requires him to breach his loyalty to his own brother, which will he choose? We don’t know. Perhaps Cuomo himself doesn’t know. He was obligated not to place himself in a situation where the question even needed to be asked.

The various defenses being offered are, I have to say, misguided and disturbing. The usually sensible Joe Concha of Mediaite writes that the controversy is “much ado about nothing.” His reasons are … Continue reading →

Black Friday Ethics: Holiday Capitalism Hate In The Media

/ Jack Marshall / 10 Comments
Thanksgiving shopper. How DARE they?

Thanksgiving shopper. How DARE they?

Left-leaning media and pundits are so biased against corporate America and the profit motive that they will concoct ridiculous theories of wrong-doing just to bombard the ears of listeners with accusations about how cruel, crass and greedy the nation’s employers and retailers are. There is no ethical basis on which to criticize Walmart, Target, Macy’s or any of the retailers who chose to lure shoppers this year by “Black Friday” sales that reached into Thanksgiving. None.  Continue reading →

Comment of the Day: “Ethics Quiz: The Kidneys of Orlac”

/ Jack Marshall / 9 Comments
But first, a last act of altruism...

But first, a last act of altruism?

The presumptive winner of the annual Ethics Alarms award for “Commenter of the Year” in 2013, texagg04,  has delivered a Comment of the Day expanding the topic of the post regarding a condemned prisoner in Ohio who wrangled a postponement of his execution so he could donate his organs to relatives. Here is  texagg04’s  take on “Ethics Quiz: The Kidneys of Orlac.” I’ll have some comments at the end.

“First, a murderer or other capital criminal being held responsible for his or her conduct seems to be in conflict with the same individual being allowed to display charity when you say they  forfeited their freedom, all of it, with their commission of a  capital crime. I’m not so sure it should be viewed from that angle.

Punishment serves a variety of purposes. Some petty crimes receive punishment designed to compensate, as best as can be, the victim – the victim being dead, capital punishment does not serve this purpose. Some crimes are of an anti-social nature, and the apt punishment seeks to rehabilitate or reconcile the perpetrator to the community. Capital crimes are so heinous that we have determined that the perpetrator must be completely cut off from society, through their death. In this case, the punishment does nothing for the victim OR for the criminal; the punishment is designed solely for the benefit of society.

If the criminal wishes to donate his/her organs to (what we must assume is to salve their own conscience – even though we can, probably, cynically assume is just a delaying tactic), we should not care one bit. They are gaining no material benefit from the community, nor are they engaging in any direct interaction with the community – so the act of cutting them off from the community as part of the punishment is still complete. Continue reading →

Unethical Quote Of The Week: Liz Sloan, Ellen Browning Scripps Elementary School Principal (San Diego)

/ Jack Marshall / 13 Comments

“This morning we told the students that there will be no romance in 5th grade.”

–—Principal Liz Sloan, in a letter to the parents of fifth graders at the Ellen Browning Scripps Elementary School in San Diego.

"You're a bully, Charlie Brown..."

“You’re a bully, Charlie Brown…”

When exactly was it that the public schools began believing that they had unlimited power over the private lives of students? That they could encroach upon the authority of parents, as well as the natural autonomy of children themselves? is this a byproduct of the increasingly arrogant micromanagement of our lives by the government, and those who believe that liberty, even as it is expressed in the once sacrosanct realms of the family home or the recreation of children, should be subordinate to what government “experts,” bureaucrats and autocrats believe is “best” for us? I don’t know when, but I do know that I thank the fates every time I reflect on our choice to home school my son, not merely because of its effect on him, but because I fear that it would have taken just a couple of encounters with people like Liz Sloan to give me a police record that would have been a serious occupational handicap.

Here is the rest of her letter: Continue reading →

My JFK Ethics Tale

/ Jack Marshall / 23 Comments

 Shredded Files

As regular readers here  know, I am not an admirer of the character of John Fitzgerald Kennedy, though he had some notable leadership skills that I respect. His reputation as a great man and President is vastly inflated and, in a strange way, I may share some of the responsibility for that.

Several years ago, I had just completed an ethics seminar for the DC Bar. One of the issues I discussed was the lawyer’s ethical duty to protect  attorney-client confidences in perpetuity, even after the death of the client. An elderly gentleman approached me, and said he had an important question to ask. He was retired, he said, and teased that I would want to hear his story. I don’t generally give out ethics advice on the fly like this, but I was intrigued.

“My late law partner, long before he began working with me, was Joseph P. Kennedy’s “‘fixer,'” he began, hooking me immediately. “Whenever Jack, Bobby or Teddy got in trouble, legal or otherwise, Joe would pay my partner to ‘take care of it,’ whatever that might entail. Well, my partner died last week, and when I saw him for the last time, he gave me the number of a storage facility, the contract, and the combination to the lock. He said that I should take possession of what was in there, and that I would know what to do. Continue reading →