Law & Law Enforcement

Morning Ethics Warm-Up: 9/12/2019: It’s The Ethics Derby, With The Obamas In The Lead, Ms. Monopoly Close Behind, Apple Coming Up On the Rail, And The News Media And The Democratic Party Bringing Up The Rear!

/ Jack Marshall / 19 Comments

Post time!

I’m stunned at how little publicity and outrage has been generated by the just-revealed Triple Crown scandal. I’m hoping it’s because thoroughbred horse racing is such a marginal sport today that nobody cares about it—quite a fall for “the sport of kings,” which was once among the three most popular sports in the U.S. I fear it is because the public has become so cynical about sports generally that ethical breaches don’t surprise of bother them much.

1. Speaking of ethics insanity in sports: A female teen  champion swimmer for Anchorage’s Dimond High School easily won the 100-yard freestyle during last week’s night’s meet against a rival school. Then she learned that she had been disqualified, because her swimsuit was exposing too much of her buttocks, according to an official. The swimmer was wearing the exact same suit as her team mates and her competition; the problem was, apparently, her body, which was “curvier” than the typical female swimmer, perhaps because she was a mixed-race competitor in a sport that is almost exclusively white.

Another official who was working during the meet, told the Anchorage Daily News that one of the female  refs complained that the bottom of the girl’s suit “was so far up I could see butt cheek touching butt cheek.’’

The Horror.

From the Washington Post: “Anchorage School District officials  have announced that they  reviewed the incident and concluded that the teenager “was targeted based solely on how a standard, school-issued uniform happened to fit the shape of her body,” and that the referee’s decision was ‘heavy-handed and unnecessary.’ The district is appealing to the Alaska School Activities Association, asking to reverse the swimmer’s disqualification, return all points to her team, and revoke certification for the referee who made the call. The district is also seeking to suspend and eventually revise the guidelines in place for appropriate swimsuit coverage, which officials said were ambiguous and left room for biased interpretation.”

They should also ask that rudimentary ethics alarms be required of all swimming judges.

2. There is hope! Two recent polls—stipulated: any poll is likely to be misleading and worthless–suggest that Ethics Alarms hasn’t been entirely futile in its—to some—excessive coverage of what I believe to be the two most important ethics stories on our times: the Democratic Party’s rejection of its duty to uphold American institutions and respect elections, and the corruption of American journalism. Oh, I have no illusions that this oft-censored little blog has contributed much to enlightening the public, but I’m satisfied that it contributes in a small way to the zeitgeist, which is vital if the nation is going to survive the assault on its values.

The first study comes from the PR agency, Bospar, in collaboration with Propeller Insights. Its survey of 1,010 American adults found that more than 95% are troubled by the current state of the news media, with 53% citing “reports on fake news,” 49% citing “reporting gossip,” and 48% citing “lying spokespeople,” as concerns. 67% believe ethics in journalism will be worse during the 2020 presidential campaign–I’d say that’s a safe bet. I’m amazed that anyone wouldn’t expect this.

Oddly, almost all of my Facebook friends reside in that less than 5% who feel the news media is as pure as the driven snow, and anyone who impugn its objectivity is a Nazi, racist, moronic Trump supporter.

The second comes from the more reliable Pew Foundation. Pew data from last year showed that most Americans had a favorable opinion of the Democratic party, and a negative view of the GOP. 53 % of respondents last September said that they viewed the Democratic party favorably, compared to 42% who said they viewed it unfavorably. In the same survey, 43% had a favorable view of the Republican Party compared to 52% who had an unfavorable view. This September’s Pew survey shows that most Americans view both the Democratic and Republican parties with disfavor, and in exactly equal proportions: 45 % positive,  52%  negative.

Good. The Democratic Party has been behaving crazy and irresponsibly for more than three years, a I’ve tried to document; they deserve this result. Continue reading →

The Euthanasia Slippery Slope: A Case Study

/ Jack Marshall / 72 Comments

Dr. Kevorkian was happy to help you kill yourself…

As health care costs rise and the public as a whole becomes more financially responsible for the care of individuals; as the population ages and the massive increase in health care costs in the final years and months of life becomes an increasing burden on society, and as legal abortion stays front and center as the most brutal form of utilitarianism, where a weaker and “lesser” life is deemed expendable for the well-being of others, I expect the United States culture to be drawn closer and closer to the seductive policy of legal euthanasia.  It is now legal in Washington, D.C.,  California, Colorado, Oregon, Vermont, Maine (as of next year), New Jersey, Hawaii, and Washington. You may note what these states all have in common….not that there’s anything wrong with that.

I believe that permitting an individual to kill another with the victim’s consent is so ripe for abuse—Dr. Kevorkian comes to mind—that it crosses an ethical line that should be thick, black, and forbidding.  The alleged consent can too easily be coerced or manufactured for the convenience of others. A recent case in the Netherlands confirms my strong reservations.

The unidentified patient, 74, had asked in writing for doctors to end her life if she had to be admitted to a nursing home, and if she thought the time was right. When she entered a home in 2016, however, though incapacitated, she appeared to have changed her mind, and gave what prosecutors called “mixed signals” about her desire to die. Continue reading →

Noon Ethics Warm-Up, 9/10/2019: Fat-Shaming, Race-Baiting, And Terrorist-Tarring [UPDATED]

/ Jack Marshall / 34 Comments

ARRGH!! Half-way through the day, and not out of my pajamas yet!

1. Here’s the kind of comment that won’t get an aspiring  new commenter approved…From Erik Guettler: “It’s sad that you think you actually know anything about ethical behavior by criticizing Bill Maher, while Donald Trump’s the most unethical, openly racist and corrupt president Americans have ever had.”

The comment fails on many levels. To begin with, it’s stupid (there is a stupidity justification among the Ethics Alarms banning tenets.) Criticizing Maher for his frequent absence of functioning ethics alarms cannot make me think I know anything about ethical behavior. The opposite is true: it is because I am an ethicist that I criticize Maher, though it hardly requires an expert to recognize his unethical conduct.A relatively well-raised 17-year-old could do it.

Second, the comment breaches basic ethical analysis principles, not to mention common sense: President Trump’s conduct is irrelevant to how unethical Maher is, as is my criticism, or not, of the President. Third, his list of Trump failings is—oooh! Let me finally use this!—NPC junk. Neither he nor anyone can find me any “openly racist” conduct or statements on the President’s part, for this is one of the Big Lies (#4, to be exact.) I have gone through this dance with many Trump Deranged Facebook friends. Challenged to back up the “openly racist” lie, they babble about how he challenged Obama’s birth certificate, and go downhill from there. The statement that he is the “most unethical” President, personally or professionally,  is proof of historical ignorance and bias. Unethical he is, but whether Trump’s lack of ethics is more or less substantive than that of Andrew Jackson, James K. Polk, Woodrow Wilson, Franklin Roosevelt, Jack Kennedy, Lyndon Johnson, Richard Nixon or Bill Clinton is a matter of legitimate disagreement. The “corrupt” accusation is also non-substantive, unproven, and based on supposition and bias rather than evidence.

But never mind all that: the claim that Ethics Alarms has somehow ignored Donald Trump’s ethics deficits is so easily disproved that the insulting comment is an example of reckless disregard for the truth.

Bite me, Erik.

And don’t come back.

2. While we’re on the topic of Mr. Maher’s ethics…Here is the professional asshole in his most recent HBO episode:
Continue reading →

The Scourge Of Technologically Ignorant Judges

/ Jack Marshall / 7 Comments

The American Bar Association and most state bars have added an ethical requirement for lawyers to be competent and knowledgeable regarding relevant technology. In 2012, the ABA adopted an amendment to ABA Model Rule of Professional Responsibility 1.1, comment 8, providing that “a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology . . . .” Since then, at least twenty-seven states have officially adopted Comment 8 or some version of it as part of their rules of professional conduct. It’s still a long slog; many lawyers, far too many, are limited to email and Google searches, and often aren’t sufficiently adept at either.  There should be such a requirement in every jurisdiction, and the ABA language is far too vague and lenient.

Judges, however, often make lawyers look like  cyber-whizzes. Here’s a ridiculous example from Franklin Country in Washington, where superior court judges disagreed with their clerk about transitioning from paper to electronic files.  The clerk “deemed it unnecessary” to incur the expense of maintaining duplicate paper files after a paperless filing system was implemented . The judges declared an emergency (!) and issued an order directing clerks to keep paper files. One gutsy, probably soon to be unemployed clerk refused. The judges then appointed a special prosecutor to pursue civil claims against the clerk. Continue reading →

Brand New Week Full Of Hope And Promise Morning Ethics Warm-Up, 9/9/2019

/ Jack Marshall / 14 Comments

Ah! I also feel wefweshed!

1. On torturing the homeless with earworms. The city of West Palm Beach, Florida  has been blaring the horrible kids song “Baby Shark,” as well as another annoying song in the genre, “Raining Tacos,” outside an event center to drive homeless people away. Listen…

The homeless and their advocates object to the tactic as cruel and counter-productive. The city says it only wants to make them go to homeless shelters.

This is a case of “ick” rather than unethical conduct. Music is used to keep subjects of torture awake in some cases, and auditory assault by kids’ songs is only different in kind from high-pitched beeps and  other more direct methods used around the country, such as recordings of chain saws . Some cities have even outfitted parks and public spaces with devices that blast a high-frequency sound that only teenagers and young people can hear.

The use of annoying songs passes the utilitarian test, I think. In this case, the desired end justifies the means. I will change that assessment of there is evidence that one or both of the two songs are literally driving the homeless insane.

That is a distinct possibility. Here’s “Raining Tacos”:

2. Let’s try to think of the least qualified, most objectionable candidates who would still be better than this trio...It’s official!  Mark Sanford, who had to resign as South Carolina governor to avoid being impeached after going AWOL and conspiring to cover it up as he secretly visited his soul mate, a South American seductress, or, as such were called in less politically correct times,  “firecracker,” has now declared that he will accept the GOP nomination for President.  He now joins failed semi-Republican Senate candidate and Gary Johnson running mate William Weld, who is 74 and hasn’t held office in 22 years; he distinguished himself as a nominee of the Independent Party by announcing that he would vote for Hillary Clinton.  Then there’s Joe Walsh, who spent all of one term in the House, and was reduced to being a radio talk show host after it was revealed that he was a deadbeat dad.

The news media is faking fainting spells because the Republican National Committee is not going to hold debates among this ridiculous crew, and is cancelling primaries as well. The RNC’s position isn’t unethical, it is responsible. I held in 2015 that  the GOP had no obligation to allow Trump to run for the GOP nomination, and he was a more acceptable and serious candidate than any of these fools—which is not to say that he was serious or acceptable. These are three dead in the water political failures trying to use NeverTrump hate to breath life into the corpses of their careers.

Here’s how bad they are: I’d vote for Newt Gingrich (ugh) or Mitch McConnell (ugh X infinity) over any of them.

3.  And this is why our rights are in real and immediate danger. From the Washington Post:

“Americans across party and demographic lines overwhelmingly support expanded background checks for gun buyers and allowing law enforcement to temporarily seize weapons from troubled individuals, according to a Washington Post-ABC News poll, as President Trump and Republicans face fresh pressure to act.”

“Allowing law enforcement to temporarily seize weapons from troubled individuals,” aka the “red flag” laws, is a violation of due process, the Second Amendment, and also a “pre-crime” measure. The public support sit because a) unscrupulous politicians demagogue the issue of gun control, b)the average American, thanks to our incompetent public school system, can’t distinguish a constitutional right from prickly pear, and c) limiting the rights of hypothetical “bad people” is so easy, compared to when one’s own rights are being infringed.

This is a useful poll, because it shows how vulnerable the ignorant are to politicians who want to take over their autonomy and weaken our democracy under the impetus of “do something.” Who is going to explain to these millions of inattentive people with weak critical thinking skills why “red flag” laws are the totalitarian camel;s nose in the tent? President Trump, with his junior high school level rhetoric?  Me, with my essays that violate Facebook standards? The news medi-ack! Ack! Gag! Cough! I couldn’t even that ridiculous possibility out. Who?

And who gets to define a “troubled individual”? Anyone with symptoms of depression, anxiety, or stress? That describes 90% of the people I know. Those with irrational anger and obsessions? That’s  the entire Trump-hating Facebook Borg, based on my reading this week. People with rocky marriages, conflicts at work with supervisors and co-workers; ranting bloggers? Charles M. Blow? Kurt Schlicter? Stephen Colbert? Alec Baldwin?

We have a dumb, ignorant, lazy, badly educated, civically incompetent  electorate that the news media and politicians want to make worse on all counts, and work constantly to accomplish that goal.

Let’s Play “Desperate, Gallant, Or Offensive!” Today’s Contestant: Actor William H. Macy

/ Jack Marshall / 9 Comments

Welcome, Ethics Alarms readers! It’s time for that exciting game show, “Desperate, Gallant, Or Offensive!,” where the audience judges whether its celebrity contestants have stayed within ethical boundaries!

Today’s contestant is celebrated actor William H. Macy, not to be confused with Bill Macy, who played Bea Arthur’s long-suffering husband on “Maude.” William H is one of the most honored and respected, not to mention versatile American actors. He has won two Emmy Awards, four Screen Actors Guild Awards, and an Academy Award nomination for Best Supporting Actor for his memorable performance in “Fargo.” Since 2011, he has played Frank Gallagher, the main character in the Showtime adaptation of the British television series “Shameless.”  Most relevant now, however, is his 22 year marriage to actress Felicity Huffman, who is about to be sentenced for her participation in the so-called “Varsity Blues” college admission scandal.

Ready to play? All right! Here is what loving husband William wrote to the judge preparing to sentence Huffman: Continue reading →

When Absolutism Must Prevail: “Choice Of Evils”

/ Jack Marshall / 6 Comments

“Choice of Evils,” taken from the utilitarian philospher Jeremy Bentham’s (1748-1832)  famous quote above, is an ethically rich “Law and Order” episode from 2006 that I recent watched again. Assistant DA Jack McCoy decides to prosecute a mother for murder after she admits to shooting her homeless, psychopath son. Her defense: she did it to protect the community, or, in cruder terms, he needed killing. She had met his girlfriend who was pregnant,  and told her that her son would eventually kill her and the baby if she didn’t get away.

The mother explained that her first husband and the dead man’s father is in prison for murder, and like his son. lacked empathy or a conscience. She related how her son displayed all the traits of a psychopath growing up, such as torturing and killing animals. In sympathy for her plight, McCoy offered the mother a manslaughter plea and short prison time, but she turned the deal down, adamant that she hd done nothing wrong.  She was then charged with second-degree murder (that’s also generous, since the killing was premeditated), and the trial began.

The problem of how to deal with “bad seeds” is a  societal dilemma of long standing, and one without a satisfactory solution. It is easy to sympathize with the mother’s plight, but a society that approves of preemptive executions when an individual  seems likely to harm someone before he or she actually does is on a fast track to chaos; it’s not even a slippery slope. Once again, the seductive appeal of pre-crime measures has to be resisted decisively, or individual rights and justice mean nothing.

Does society have to wait until a loudly ticking time bomb goes off? If it’s a human time bomb, absolutely, and no exceptions. Sometimes, that metaphorical bomb turns out to be a dud, and every human being has the same right to be judged on the harm, if any, he or she actually does rather than the harm some feel they are certain to do.

In the episode, it is discovered mid-trial that the son had in fact murdered a man, which his mother did not know at the time she murdered him. McCoy argued to the judge that this was irrelevant to the case and likely to mislead the jury. He was correct. The mother’s act was exactly as illegal and intolerable whether her son was a likely killer or a proven one. The discovered homicide is an example of moral luck: it changes how the mother’s act is perceived, but doesn’t change the ethical analysis at all.

In the end, the jury votes guilty, and sends the mother to prison for 25 years. This is because she admits on the stand that her current husband had threatened to leave her if her son moved back into their home, which he announced he would soon do. Thus the preemptive murder began to look less like an altruistic act to spare society, and more like one for the mother’s personal benefit.

Again, it shouldn’t have mattered. Killing a human being based on probabilities and presumed future harm to society can never be deemed just or tolerable.

Never.

The ABA’s Guidance For Judges With Potentially Conflicting Relationships

/ Jack Marshall / 5 Comments

“Now now, your Honor—that’s the Plaintiff!”

This is as good an example as you’ll find of why professionals can’t and shouldn’t rely solely on the ethics rules-making bodies to solve their ethical dilemmas when they arise.

American Bar Association Formal Opinion 488 purports to tackle the persistent question of when judges must disqualify themselves in proceedings because their impartiality might reasonably be questioned because of relationships with parties. After seven pages and many footnotes,  we are enlightened that  “ a judge must disqualify himself or herself when the judge has a romantic relationship with a lawyer or party in the proceeding, or desires or is pursuing such a relationship.”
 Continue reading →

High Noon Ethics Warm-Up, 9/5/2019: Arggh!…Yay!…Yechhh!…Hmmm…and Good!

/ Jack Marshall / 25 Comments

Mornin’!

1. More historical ignorance to make you suicidal: Here’s Anna L.’s review of her visit to the Gettysburg Battlefield on the park’s Yelp page:

Boooorrrringggg. First off, it was nothing like the movie. All I saw were a bunch of fields and rocks. All the tourist shops, bars, and hotels in the area kept saying how I should check this place out. I kept getting confused with all of the plaques and monuments. Who was fighting who, I have no idea. The abandoned cannons looked tacky. I give this one star for the overweight character actor in the square, but that’s about it. Yaaawnnn.

I don’t even want to think about the political positions and favored candidates of an American this…this…I can’t even think of a good description. “It was nothing like the movie”????? And how many people like her are out there, rotting our culture and values from within?

Arrgh.

2. It’s about time. wouldn’t you agree? I’m amazed this took so long. Starting next year, BMC Toys in Scranton will begin adding  little green  Army women to the little green Army men that are such a standard kids’ toy. Since they debuted in 1950s, none of the iconic toy’s  manufacturers  have crossed the gender line. BMC is one of the  ew producers of plastic soldiers left in his country, and will soon be offering these:

Yay! Continue reading →

Morning Ethics Warm-Up, 9/4/2019: “Is We Getting Dummer?”* Edition.

/ Jack Marshall / 32 Comments

The old Simon and Garfunkle song accurately describes when I woke up this morning…

1. I think that settles it. I’m going to flush myself down the toilet...Yesterday, an educated, adult woman of my acquaintance told her Facebook friends about her terrible treatment by Alamo Rental Cars. When a FBF responded with a refeence to Santa Anna, she replied, “???” Yes, she had no idea what “Alamo” referred to. This speaks to a catastrophic failure of the American education system.

On the bright side,  ignorant citizens are the target audience of many of the highest polling Democratic candidates for President.

2. Ethics Hero: Whoopi Goldberg? On ABC’s “The View,” a show that relentlessly lowers the IQ of anyone who watches it for more than 5 minutes, co-host Whoopi Goldberg began the first show of the new season to condemn efforts in actors in Hollywood to  blacklist conservatives and Trump supporters, a practice encouraged by tweets from   “Will and Grace”  stars  Debra Messing and  Eric McCormack over the weekend. After some back and forth with the assorted idiots who share the panel with her, Whoopi said,

Listen, last time people did this, people ended up killing themselves. This is not a good idea, okay? Your idea of who you don’t want to work with is your personal business. Do not encourage people to print out lists because the next list that comes out, your name will be on and then people will be coming after you. No one — nobody — we had something called a blacklist and a lot of really good people were accused of stuff. Nobody cared whether it was true or not. They were accused. And they lost their right to work. You don’t have the right in this country. People can vote for who they want to. That is one of the great rights of this country. You don’t have to like it, but we don’t — we don’t go after people because we don’t like who they voted for. We don’t go after them that way. We can talk about issues and stuff but we don’t print out lists, and I’m sure you guys misspoke when you said that because you — it sounded like a good idea. Think about it. Read about it. Remember what the blacklist actually meant to people, and don’t encourage anyone, anyone to do it!

I wonder how many people who don’t know about the Alamo know about the blacklist? Continue reading →