Journalism & Media

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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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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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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OK, OK, He Steals Our Money Too. But I Still Hear Eric Holder’s One Hell Of A Guy….

/ Jack Marshall / 9 Comments
But what really matters is whether he's better than Alberto Gonzalez, right?

But what really matters is whether he’s better than Alberto Gonzalez, right?

From the Washington Post:

The agency that tracks federal travel did not report hundreds of personal and other “nonmission” trips aboard government planes for senior Justice Department officials including Attorney General Eric Holder and former FBI Director Robert Mueller, according to a watchdog report.

Congress’s nonpartisan Government Accountability Office determined that the 395 flights cost taxpayers $7.8 million. But the General Services Administration, which oversees trips aboard federal jets, did not require documentation because of a GSA reporting exemption that covers intelligence agencies, even in cases of unclassified personal travel.

The GSA exemption contradicts decades-old executive-branch requirements, specifically guidelines established by President Bill Clinton and the Office of Management and Budget, according to the report. The report said GSA “has not provided a basis for deviating from executive branch requirements.”

The findings, released Thursday, came out nearly 19 months after Republican lawmakers began questioning Holder’s use of an FBI jet for travel unrelated to Justice Department work. Sen. Charles Grassley (R-Iowa), the ranking member of the Senate Judiciary Committee, asked the GAO to look into the matter.

In its report, the non-partisan Congressional GAO reprimands the GSA, noting that “GSA regulations that allow intelligence agencies not to report unclassified data on senior federal official travel for non-mission purposes are not consistent with executive branch requirements, and GSA has not provided a basis for deviating from these requirements.” Now the GSA is promising to rectify the non-mission exemption.

But never mind all that. The gravamen of the report is that Attorney General Holder and former FBI Director Robert Mueller spent $7.8 million dollars of taxpayer money for personal travel, and haven’t reimbursed it. What does this tell us? Nothing we shouldn’t have been able to figure out before:

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Ethics Observations On Rep. Braley’s Anti-Farmer Insult

/ Jack Marshall / 12 Comments
A farmer, a framer, a farmer (and law school drop-out), and a lawyer. Final Score: Farmers 3, Lawyer 1.

A farmer, a farmer, a farmer (and law school drop-out), and a lawyer. Final Score: Farmers 3, Lawyer 1.

You wouldn’t know it if you read only mainstream media sources (Translation of ” mainstream media sources”—“supposedly objective and neutral news outlets that edit the news to do minimal damage to candidates, parties and policies that their overwhelmingly left-leaning staffs support”), but the presumptive Democratic candidate for Sen.Tom Harkin’s soon to be vacant U.S. Senate seat in Iowa insulted farmers (this is Iowa, remember) in a speech and was caught on video.

In a private fund-raising appearance before Texas trial lawyers, Rep. Bruce Braley warned of the consequences of a  Republican Senate majority by saying…

“You might have a farmer from Iowa who never went to law school, never practiced law, serving as the next chair of the Senate Judiciary Committee. Because, if Democrats lose the majority, Chuck Grassley will be the chair of the Senate Judiciary Committee.”

Some observations:

  • The insulting characterization of farmers (as well as  Grassley) is being compared to Mitt Romney’s infamous statement to some big money donors about “the 47%,” which was captured surreptitiously by Jimmy Carter’s son-in-law and used to stir up the Democratic base. As in the case of Romney, I will point out that surreptitious recording and publicizing of what is said at any private event is unethical, flat-out wrong, no matter who does it, or for what reason. Private functions should be respected, as should what is said there, unless there are criminal conspiracies afoot.

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Donald Rumsfeld And The Irony Of Hair-Trigger Race-baiters

/ Jack Marshall / 33 Comments

chimp-jackLook around the web, and you will find some vituperative leftist bloggers and tweeters condemning Donald Rumsfeld as a racist, based on his criticism of Barack Obama. True, any criticism of Barack Obama is presumptively racist—did anyone predict that an unintended consequence of the first black President would be de facto suppression of legitimate political criticism?—-but Rumsfeld, we are told, really proved he’s just like all conservatives, Republicans and teapartiers because he recently said, criticizing the Obama administration’s eminently criticizable  policies in Afghanistan:

“A trained ape could get a status of forces agreement. It does not take a genius. And we have so mismanaged that relationship.”

GOTCHA! Comparing a black President to an ape! Proof positive of racial bigotry!

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The Loathsome Ed Schultz

/ Jack Marshall / 7 Comments

Ed-schultz-MSNBC

It is not the first time, but MSNBC’s ugliest Angry Left spokesman just completed a cycle of conduct demonstrating beyond a shadow of a doubt that he is deceptive, dishonest, cowardly, and incompetent—in short, loathsome. This is Ed Schultz, the most unethical of the stable of unethical anchors and commentators intentionally assembled by MSNBC—you could not possible get such an awful group by accident—for reasons best known to its chief, Phil Griffin. Having left-leaning views doesn’t make one loathsome by itself (no matter what Mark Levin says), but I do wonder what to make of fans of the likes of Martin Bashir, Keith Olbermann, Alec Baldwin  (all of whom became so openly loathsome that even MSNBC had to jettison them), Melissa Harris-Perry, Chris Matthews, Lawrence O’Donnell, Al Sharpton and especially Schultz. A viewer admiring an unambiguous jerk on the level of Ed Schultz because he applies his jerk-ness in support of the viewer’s favorite ideology is itself a strong indication of flawed character. In the matter of unethical pundits, it doesn’t take one to know one, but it takes one to tolerate one. If a job applicant tells me she’s never misses the Ed Show, I’m not trusting her with the combination to the safe, I’ll promise you that.

Ed’s moment of self-revelation came as a result of some nakedly partisan Obamacare cheerleading in December. Ed then crowed,

“I’m going to make a prediction tonight. It`s going to hit 5 million by March 1st. That’s right. Five million people signed up by March 1st. Get your tapes rolling at home, folks, because it’s going to be a big “I told you so.”

Well, Ed was wrong, and did not get his “big ‘I told you so.'” But because the man has the maturity of an 11-year-old and the integrity of Newt Gingrich, he couldn’t level with his audience about the fact that his prognostication didn’t pan out. When his March 1st deadline came and went, Ed got into Mr. Peabody’s Wayback Machine and changed the past, saying on March 12 as the sign-ups languished well short of his prediction:

“Well, I predicted five million people are going to sign up by the end of this month. We`re closing on it on that number.”

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Annoyances For The Obsessing Traveling Ethicist

/ Jack Marshall / 17 Comments

Hepburn

I just got home from another day trip, and am too weary to essay a significant post. Allow me, instead, to give readers a taste of what goes through one’s mind when you have begun to focus exclusively on ethics in preparation for a key, out-of-state presentation:

  • The incompetence of supposed professional broadcasters. Shortly before leaving for the airport on Sunday, I watched the local Fox affiliate report on the new Vogue cover, featuring Kim Kardashian and Kanye West. One of the two anchorwomen noted that there was a parody of the cover titled “Vague” featuring Kermit and Miss Piggy in the same poses. She pronounced it as “Vagg.” Her partner did not correct her. I think newsreaders should be able to read, don’t you?
  • Dishonesty in headlines. With the Kardashians still gnawing at my brain, I noticed an issue of “Star” in an airport magazine rack. The headline read, “Kardashians Cancelled!” Filled with momentary hope for civilization, I looked up the corresponding story in the rag. It stated that cable’s “Keeping Up With The Kardashians had been renewed, but that the family was worried that it might be cancelled next year. Yes, the headline was “X” and the story was “Not X.” I don’t care that the Star is just a glossy paper tabloid—how can anyone justifying this? Deceitful headlines are bad, but at least they are literally true, if misleading. Tabloid ethics are as low as ethics can be, but this flat-out false cover headline seems to have breached them… a neat trick.
  • More  incompetence of supposed professional broadcasters. CNN’s John Berman showed a clip of Bill, Hillary and Chelsea Clinton with Jimmy Kimmel and said…”Next…what Jimmy Kimmel did with three generations of Clintons.“

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