Law & Law Enforcement

Why Ethics Rules Are Useless Without Common Sense

/ Jack Marshall / 19 Comments

HIPAA

An ethicist’s pet peeve: People who misuse formal ethics rules to justify unethical or stupid behavior because they never thought about what why the rule exists.

This happens a lot. My favorite example was the famous athlete enmeshed in a scandal. Ay a press conference, he said that he couldn’t answer specific questions because of “atttorney-client privilege,” and not one of the reporters had the education to say, “Huh? You’re the client! The attorney-client privilege prevents your lawyer from revealing what you told him. It doesn’t stop you from revealing anything, you cretin.” In my seminars, when an attendee cites a professional ethics rule as the reason why he shouldn’t do something, I often ask, “And why is that a rule? What’s wrong with what it forbids?” Often, disturbingly often, the individual has no idea.

The New York Times today featured another example: medical providers and others not even subject to the law using HIPAA to avoid giving out information they could and should give out, in mots cases misinterpreting the law to do so. Among the examples in the Times story:

  • A retirement home refusing to tell friends of a resident that the resident had died (only health care providers, health insurers, clearinghouses that manage and store health data, and their business associates are covered by The Health Insurance Portability and Accountability Act of 1996. a.k.a. HIPAA)
  • A hospital that  refused to accept information about a patient’s allergies from the patient’s daughter (Wow: hospitals can receive medical information; HIPAA restricts the ways they can disclose it)
  • Another relative of a patient reprimanded by hospital staff for talking about her loved one’s medical problems in the cafeteria, because, she was told, it was a HIPAA violation.
  • A minister told a church staff not to announce the names of ailing church members because it was would violate HIPAA  (That’s right: he really thought it was against the law to tell congregation that someone was sick.)
  • Some providers cite HIPAA to block patients from seeing their own records.

This is why morality alone doesn’t make people ethical, especially if they aren’t very bright. Continue reading →

Unethical Quote Of The Week: The Huffington Post, Which Is Having A Really Unethical Week

/ Jack Marshall / 10 Comments

KKK assestance

“The photo has gone viral this weekend as netizens praise the officer’s extraordinary show of professionalism and grace under such trying circumstances.”

–—The Huffington Post, commenting on the photo above, showing black police officer Leroy Smith giving a feeble white supremacist assistance during the Ku Klux Klan rally held at the South Carolina Statehouse over the weekend.

Does the Huffington Post have any idea what professionalism is? Ethical conduct? Increasingly, I have my doubts, and this is just the latest example.

We already know the average “netizen” doesn’t know ethics from shinola, but the Huffington Post is a news and culture commentary site. One would think a basic comprehension of such concepts as duty, fairness, justice, responsibility and ethics would be essential. Well, let me rephrase that: they are obviously essential. One would think the Huffington Post would know that without them, its analysis of pretty much anything is worthless.

Look, you ethics dolts: Smith was doing his job, that’s all. The fact that he personally may have objected to the beliefs and words of the protesters is completely irrelevant to his professional obligations. He must treat all professionals the same. To do otherwise would un-professional, un-ethical, and wrong. Dominique Mosbergen is  apparently  of the opinion that the normal, professional thing to do is to refuse to help people whom you don’t like, agree with, or whose views offend you. Wait—isn’t this what the jerks who refuse to sell cakes to gay couples do? Somehow I don’t think Dominique agrees with those anti-gay marriage zealots or that she feels to just treat such customers as human beings would constitute an “extraordinary show of professionalism and grace.” Why does she think a black cop helping a distressed racist like he would a similarly needy  NAACP member because they are both citizens and as a public servant he is duty-bound to treat them both exactly the same is an “extraordinary show of professionalism and grace,” then?

It is because she is incompetent and ignorant. It is because she doesn’t comprehend what professionalism is. It is because to her, “White Racist Lives Don’t Matter,” so she is just bowled over when an African American acts without employing her biases.

Leroy Smith behaved like any professional would, and should. Nothing more, nothing less. Most cops do their jobs, and do them professionally. There is nothing newsworthy or extraordinary  about the photo, except to people who believe that the primary motivating factor for most people is hate.

_____________________

Pointer: Fred

“Black Lives Matter” Is Unethical, And So Are Politicians Who Pander To It

/ Jack Marshall / 102 Comments

black-lives-matterThat’s the tipping point for Ethics Alarms. “Black Lives Matter” is unethical, and those who use it are unethical. And politicians who grovel to those who criticize them for not embracing it are contemptible.

The Martin O’Malley embarrassment over the weekend clinched it for me. Demonstrators interrupted the former Maryland governor, mounting a pathetic campaign against Hillary Clinton for the Democratic presidential nomination, as he was speaking at the Netroots Nation conference. When they shouted, “Black lives matter!” a rallying cry of protests that has superseded “Hands Up! Don’t Shoot!” because that one was eventually exposed as a lie,  O’Malley—the naive, racist fool!!!!— responded: “Black lives matter. White lives matter. All lives matter.”

The activists  responded by jeering him and refusing to let him speak. .Later in the day, O’Malley, “showing the firm commitment to leadership in the face of adversity that we expect in a presidential candidate,” as one wag put it on Jonathan Turley’s blog—apologized, saying…

“I meant no disrespect. That was a mistake on my part and I meant no disrespect. I did not mean to be insensitive in any way or communicate that I did not understand the tremendous passion, commitment and feeling and depth of feeling that all of us should be attaching to this issue.”

I bent over backwards to defend Smith College President Kathleen McCartney when she apologized for using the phrase “all lives matter” in December of 2014. I wrote:

If an activist says to me, “too many children go to bed hungry!” and my retort is, “Too many people go to bed hungry!”, the unspoken argument is “So stop acting like children are a special problem!” If I say, “We need peace in Syria,” and a friend’s response is “We need to end war, period!”, I view that as an effort to minimize my concerns by launching it from the realm of a specific issue into vague, generic territory.  “Black Lives Matter!” in the context of recent police episodes where African Americans died under circumstances that many believe show police callousness and excessive force against blacks is a distinct assertion that suggests that the law enforcement and justice systems do not currently function as if black lives matter as much as white lives. It is true that “All Lives Matter” includes the larger subset “black lives matter”; it is also true that it blurs the issue at hand, and dilutes the protesters’ point. It is not inappropriate for  President McCartney to apologize in this context…unless, of course, she intended a rebuttal, in which case she is indeed spineless.

I still believe that made sense in December, but “Black Lives Matter” means something very different now, after six police officers were charged with murder to quell a Baltimore mob after Freddie Gray’s death, and after President Obama decided that the merciless shooting of a  young white woman in San Francisco by an illegal immigrant wasn’t worthy of the same attention he has given other deaths when it was a black life that had been lost. Continue reading →

More On The Planned Parenthood “Sting” Video: A Fake Apology, The News Media Embargo, Misdirection, Another Dishonest Defense…And New Rationalization #38 A : “Mercy For Miscreants”

/ Jack Marshall / 29 Comments
Side issue: Newsbusters used this photo of Petula Dvorak. Is that unethical, as in gratuitously mean? There are nicer ones. (Of course, I'm using the photo to raise the issue. Honest.)

Side issue: Newsbusters used this photo of Petula Dvorak. Is that unethical, as in gratuitously mean? There are nicer ones. (Of course, I’m using the photo to raise the issue. Honest.)

The surreptitiously filmed video of a Planned Parenthood official talking about butchering babies like Ed Gein talking about how to make lampshades out of a human face presented anti-abortion advocates with smoking gun evidence of the callousness and disregard of fetal life the pro-abortion movement has cultivated. One cannot think about fetuses, even advanced fetuses, as living, human beings and blithely encourage their destruction. The recorded comments of Deborah Nucatola, Planned Parenthood’s senior director of medical research, released in the shortened version of a three hour video, should inform a national debate regarding abortion, a debate that the pro-abortion forces desperately want to avoid. The video itself makes it clear why.

Thus the news media is determined to bury the story, just as it barely covered the abortion House of Horrors of Dr. Kermit Gosnell. The ugly reality of abortion is not supportive of abortion, just as the reality of slavery was rejected and avoided by slavery proponents until Uncle Tom’s Cabin shocked the culture out of its denial. Abortion advocates focus on the beneficial results of abortion– freedom for women, workforce flexibility, family planning, personal power—and it is the equivalent of slavery advocates pointing to the Old South’s agricultural affluence and pleasant lifestyle to justify keeping hguman beings in chains. The news media shouldn’t be picking winners in this cultural debate. It has a duty to report facts, especially facts that might shock the public out of ignorance and apathy on such a vital issue involving law and ethics.

As activists are wont to do in their passion, the Live Action-affiliated group that released the video over-reached in its interpretation of it, thus giving the news media, Planned Parenthood and the pro-abortion lobby an easy path to deflection. The video doesn’t prove, or even strongly suggest, that Planned Parenthood is selling baby parts for research. By making that accusation, the group opened the door to attacks on the legitimacy of the video. Every media report says that it is “heavily edited,” a phrase intended to suggest that it is deceptively edited. The video is heavily edited because the raw video, which is available to view as well, is three hours long and watching it is like watching paint dry while being hit in the face by an occasional rock.

Unless the media defenders of Planned Parenthood think that the unedited video contains moments when Nucatola says, “Oh, by the way, I didn’t mean what I just said, even though I sounded like I did,” the woman displayed a callous, core attitude that killing a human embryo is as ethically significant as stepping on a cockroach. That’s what is so disturbing about the video, why it is important, and why abortion foes should make certain it is viewed by as many U.S. citizens as possible. Political figures, candidates for office and elected officials should also be forced to confront the video, with “well, that’s heavily edited” being immediately called what it is: a dodge.

On the topic of dodges, we have Planned Parenthood’s apology for Nucatola. Cecile Richards, the group’s president, stated in a video:

“Our top priority is the compassionate care that we provide. In the video, one of our staff members speaks in a way that does not reflect that compassion. This is unacceptable, and I personally apologize for the staff member’s tone and statements. As always, if there is any aspect of our work that can be strengthened, we want to know about it, and we take swift action to address it.”

On the Ethics Alarms Apology Scale, this is a solid #9,“apologizing for a tangential matter other than the act or words that warranted an apology.” Compassion toward whom? The issue in the video is the disgusting lack of compassion for the unborn who are being reduced to body parts for medical research, not lack of compassion for the mothers of those little bundles of body parts.

As with the Slate’s attempted defense of the indefensible, Washington Post columnist Petula Dvorak was propelled by the perceived threat to Planned Parenthood and abortions galore into a near hysterical condemnation of the video, one that, also like the Slate column, nicely illustrated the ethical and logical deficits in the pro-abortion position.

She begins by defining the latest addition to the Ethics Alarms Rationalizations List with her very first sentence: “Planned Parenthood has become one of the most attacked groups in America.” The simple rejoinder to that is, “So what?” Either the group deserves a particular criticism, or it doesn’t. The fact that some criticism is unfair or excessive does not invalidate legitimate criticism, or suggest that it is unfair or cruel to offer it.

Nonetheless, we see this rationalization often. It is favorite dodge of Hillary Clinton’s supporters: “There they go, attacking Hillary Clinton again!” they say, as if the frequency of criticism can only be attributable to the unfair zeal of her critics, and her conduct has nothing to do with it. I call this rationalization “Mercy For Miscreants.”

Its theory is that it is only fair to assign a criticism quota to groups and individuals: at a certain point, no more criticism is allowed, because nobody should have to be criticized that much. It is so darn mean to keep heaping abuse on someone, even if they deserve it. This new rationalization  is #38 A,  classified as a sub-rationalization under rationalization number 38. The Miscreant’s Mulligan or “Give him/her/them/me a break!”  “Mercy For Miscreants,” or “Why don’t they pick on someone else?” is arguably more sinister and illogical that its parent, because it is based on the Bizarro World theory that the more someone is criticized, the less they should be criticized. On occasion, this rationalization also appeals to #21. Ethics Accounting, on the batty theory that if someone, or a group like Planned Parenthood, has been unfairly criticized in the past, that should count in their favor and relieve them of being legitimately criticized later.

Petula is just getting started, however. Here next two paragraphs are about how unfairly Planned Parenthood has been attacked in the past, and what wonderful things it does, neither of which are even faintly germane to the current controversy, which involves a high-ranking executive saying things like…

“We’ve been very good at getting heart, lung, liver. . . . So I’m not gonna crush that part, I’m gonna basically crush below, I’m gonna crush above and I’m gonna see if I can get it all intact…”

…about unborn children. That’s what she is crushing. And she is crushing the life out of them, beyond question. Continue reading →

Ethics Quote Of The Month: Popehat Lawyer/Blogger Ken White

/ Jack Marshall / 10 Comments

Dept_Of_Justice_USF“That’s your justice system, and mine: a consequence of our culture of servility towards to police and prosecutors.”

—Former prosecutor, current lawyer, and epic blogger Ken White, summing up the outrageous misconduct of the U.S. Attorney’s Office in its attempt to subpoena Reason’s commenter’s identities for potential prosecution, specifically the use of a gag order to prevent the publication from communicating.

Ken White has been following this story, which is a frightening example of how power can be, and is perverted in a supposed democracy that respects a free press. The short version (you can read the posts about this here and here, which link to Ken’s more intense and thorough commentary) is that libertarian publication Reason found itself ordered to reveal the identities of some mean commenters on its website who made obviously hyperbolic and facetious “threats” about a judge, including suggesting that she be Steve Buscemied…

Woodchipper foot

 

Continue reading →

Incompetent Elected Official Of The Week: New York City Council Speaker Melissa Mark-Viverito

/ Jack Marshall / 9 Comments

shattered-window

New York City Council Speaker Melissa Mark-Viverito is pushing a plan to decriminalize public urination, turnstile-jumping and public drinking. This is a superb example of ideology trumping the lessons of history, anthropology, law, psychology and common sense.  Liberals have never forgiven Rudy Giuliani for adopting the lessons of the “broken windows” theory to clean up Times Square, thus showing why it is important, effective and responsible for government to insist on ethical conduct and have its laws reflect those values.

Using the tragic death of Eric Garner in an arrest for a petty crime as her justification, Mark-Viverito appears to believe that criminalizing minor crimes like public urination leads to  pretext  police stops, arrests and searches. What she stubbornly refuses to understand is that the government declaring that certain conduct is unacceptable is essential to ensuring that such conduct, and eventually, worse conduct, isn’t accepted, and that enforcement of laws with meaningful penalties is crucial to limiting the spread of unhealthy, ugly, harmful or uncivilized behavior. If the City Council wants human excrement and waste to be a regular component of the New York experience, this is one way to guarantee it—by sending the message that “It’s rude, but it’s not that wrong and we’re not going to make a big deal out of it.”  The message of allowing turnstile cheats to get away with a citation—which they will never pay, of course—is that small thefts don’t matter either.  Cheats and crooks can reliably  be expected to see how much they can get away with stealing without real punishment, and the Mark-Viveritos in our various governments can be counted on to keep letting the standards slide.

Oh yes, she is not the only one. They are legion.

The amazing thing is that we all saw where her approach led in the Seventies. New York City became filthy and dangerous, tourists and business started to stay away, crime exploded and people died. It will lead there again, too. This is the inevitable result when elected officials regard their primary duty as serving the interests of law-breakers and the habitually unethical rather than honest, fair, responsible citizens.

________________________________

Pointer: Res Ipsa Loquitur

Facts: New York Post

Ethics Alarms attempts to give proper attribution and credit to all sources of facts, analysis and other assistance that go into its blog posts, and seek written permission when appropriate. If you are aware of one I missed, or believe your own work or property was used in any way without proper attribution, credit or permission, please contact me, Jack Marshall, at jamproethics@verizon.net.

 

Pro-Abortion Ethics: Amanda Marcotte’s Defense Of The Planned Parenthood Fetal Organ-Harvesting Video Is Even Uglier Than The Video Itself

/ Jack Marshall / 75 Comments

Planned Parenthood is hustling to deal with the public relations embarrassment of a sting video (above) by an anti-abortion group, catching a PP executive enthusiastically discussing the harvesting of tiny livers and other fetal organs.

Over lunch at a Los Angeles restaurant, two of the group’s activists, posing as employees from a biotech firm, met with Deborah Nucatola, Planned Parenthood’s senior director of medical research. They made a surreptitious video capturing Nucatola over a three-hour span as she chatted about Planned Parenthood’s work providing fetal tissue to researchers. The hit job—these stings are per se unethical, no matter what they reveal, no matter who they target, and no matter how virtuous their motives—emerged as a shortened, edited version of the session featuring the most disturbing  of Nucatera’s comments. The group responsible, the Center for Medical Progress, is accusing Planned Parenthood of illegally trafficking in aborted fetal organs.What is more significant from an ethical perspective, however, is the stunning callousness of this executive’s attitude toward unborn human beings.

She casually describes “crushing” fetuses so that their internal organs remain usable for research. “I’d say a lot of people want liver,” she as she munches on a salad. ( I wonder if she a vegan, since it’s, you know, unethical to kill animals for food, and we’re so cruel to cattle and chickens. ) “And for that reason, most providers will do this case under ultrasound guidance so they’ll know where they’re putting their forceps.”

Nucatera later boasts, “We’ve been very good at getting heart, lung, liver, because we know that, so I’m not gonna crush that part, I’m gonna basically crush below, I’m gonna crush above, and I’m gonna see if I can get it all intact.”

I continue to believe that a tipping point may lie ahead for the abortion controversy. When a cultural equivalent of “Uncle Tom’s Cabin” cuts through the deceit and fantasy, forcing the public to confront the ethical and moral depravity of the most extreme pro-abortion position, civilization may come to view the current period with shame akin to how we now look at the slavery era.

Maybe not, however. I don’t understand how the ghoulish rhetoric of abortion advocates hasn’t already had this effect. Perhaps the ethical corruption of the culture on the topic of destroying innocent human life in the womb has already proceeded too far. Perhaps groups like Planned Parenthood have succeeded in imbedding the factually untenable concept that the welfare and life of only one individual is at stake in an abortion choice, rather than two. Continue reading →

Of Atticus Finch, “Go Set A Watchman,” And Icon Ethics

/ Jack Marshall / 22 Comments

AtticusToday Harper Lee’s “sequel” to “To Kill A Mockingbird” is officially released, though reviews have already been published. The big story is that the new novel’s now grown “Scout” discovers during the civil rights upheavals of the 1950s that her father and hero Atticus Finch is a racist, had attended a Klan meeting, and is prone to saying things like …

“Do you want Negroes by the carload in our schools and churches and theaters? Do you want them in our world?”

The new Atticus is providing ammunition to those who enjoy tearing down American heroes and icons. Finch is perhaps the most revered fictional lawyer in American culture, admired by the public as well as the legal profession. The American Bar Association named its award for fictional portrayals of lawyers in films and literature after Finch, whose pro bono defense of a wrongly accused black man in a bigoted Alabama town forms the central conflict of Lee’s classic. Burnishing Atticus’s reputation further was the beloved portrayal of the character, reputedly based on the author’s father, by Gregory Peck in the Academy Award winning film adaptation. Peck received the Award for Best Actor as well as the Presidential Medal of Freedom, and as a civil-rights activist often stated that he admired Finch over all his other roles. In 2003, American Film Institute voted Finch as the greatest hero in American film.Wrote Entertainment Weekly, “[Finch] transforms quiet decency, legal acumen, and great parenting into the most heroic qualities a man can have.”

Atticus, however, has had his detractors through the years, notable among them the late Monroe Freedman, a  habitual iconoclast and contrarian who wrote two law review articles declaring that Finch was neither hero nor a particularly admirable lawyer. He wrote in part: Continue reading →

Four Ethics Dunces And An Unethical Quote Of The Week Double Feature: The Wallingford, Connecticut Mayor And The Anti-Defamation League

/ Jack Marshall / 41 Comments
Beware of Nazi fleas!

Beware of Nazi fleas!

“I had to check with the chief over what is actionable and what isn’t,” according to the mayor. “Unless something violates state or federal law, there’s no jurisdiction for government to do anything. We had to ask, is it something controlled by law?”

—-Wallingford, Connecticut Mayor William W. Dickinson Jr, explaining why his ignorance of Constitutional rights compelled him to check with the police after a hysteric freaked out over a flea market that was selling Confederate and Nazi themed items, and called 911 and the mayor’s office in a panic.

“It’s unfortunate that under the law people have the right to sell these things; but it doesn’t mean they should sell these things.” 

—-Joshua Sayles, assistant regional director of the Anti-Defamation League in Connecticut, expressing his regret that the Constitution includes the First Amendment and a right to Free Speech.

The Wallingford resident who called 911 said he “was shaking and almost vomiting. I had to run.” He told 911 there were helmets with swastikas, images of Hitler and other historical Nazi items.  He complained that the Confederate items were “not authentic” and were replicas of flags and weapons.

The appropriate response to this individual is: grow up. People do things, like things, say things, believe things, sell things, buy things and think things you may not like, and your proper response if you are offended is to leave the scene,  put it out of your mind, make a personal complaint to the individual or individuals in question to express your disagreement if you feel you have to, and then go away.  You have no right to sic the law on them. You have no right to stop them. Calling 911 is an abuse of the service. Ethics Dunce #1. Continue reading →

OK, The Data Shows That Donald Trump Is Correct. Now What? Do Facts Matter At All Any More?

/ Jack Marshall / 46 Comments
"Repeat after me: ILLEGAL IMMIGRATION IS GOOOOD. ILLEGAL IMMIGRANTS ARE JUST IMMIGRANTS. DONALD TRUMP IS A RACIST. THE NEWS MEDIA TELLS YOU WHAT YOU NEED TO KNOW....

“Repeat after me: ILLEGAL IMMIGRATION IS GOOOOD. ILLEGAL IMMIGRANTS ARE JUST IMMIGRANTS. DONALD TRUMP IS A RACIST. THE NEWS MEDIA TELLS YOU WHAT YOU NEED TO KNOW….

The topics are honesty, responsibility, objectivity and accountability, ladies and gentlemen. Also intentional deception by those you trust to keep you sufficiently informed to be a competent citizen of a democracy.

The United States Sentencing Commission has released showing that almost three-quarters of the more than 2,200 people who received federal sentences for drug possession in fiscal year 2014 were illegal immigrants. Moreover, illegal immigrants were more than one-third of all federal sentences for all crimes.

On Fox News, Geraldo Rivera angrily insisted that illegal immigrants committed fewer crimes proportionate to their numbers than legal citizens. I have seen this same claim on various leftish blogs. I assumed it was baloney, and sure enough, it is. They were talking about legal immigrants, you see. Does it make my day to see this dishonest confounding of legal and illegal immigration trapping its proponents?

Yes.

Of course, this didn’t stop the news media and craven Republicans, as well as shameless pro-open border Democrats like Hillary Clinton, from piling on Trump and calling him a racist, because he quite accurately and fairly (also clumsily and in needlessly provocative fashion) describe the current state of illegal immigration in the United States.

Illegal immigrants accounted for 36.7%  of all federal sentencings in 2014, though they only represent an estimated 3.5 percent of the U.S population. The data shows that this includes 20% of the kidnapping and hostage-taking sentences, 12% of the murder sentences, and a frightening 19.4% of national-defense related sentences. You can review the statistics here.

The Washington Examiner  reported this data. Why aren’t the major news sources—the Examiner is a conservative outfit that is to the Washington Post what the Toledo Mudhens are to the New York Yankees—revealing these rather relevant facts while their op-ed writers and cartoonists, like the Post’s execrable Tom Toles, call Donald Trump vile names for truthfully informing the public about the consequences of illegal immigration? If there is another explanation other than a desire to paint Republicans as anti-immigrant bigots at the price of willfully misrepresenting  unpleasant facts, I’d like to hear it. Continue reading →