Law & Law Enforcement

Comment of the Day: “Ethics Dunces: Ten Prominent Doctors, Surgeons and Med School Professors Who Want Columbia To Kick Dr. Oz Off Its Faculty”

/ Jack Marshall / 9 Comments
The late Prof. George Wald, the best teacher I ever had. In biology, not political science. George did not acknowledge the distinction.

The late Prof. George Wald, the best teacher I ever had. In biology, not political science. George did not acknowledge the distinction.

Commenter Alexander Cheezem, who has quite a bit of expertise (also passion) on such matters, weighed in on the current controversy over the “quackery” of daytime TV star “Dr. Oz.” This time I’ll hold my comments until the end; here is Alex’s excellent Comment of the Day on the post, Ethics Dunces: Ten Prominent Doctors, Surgeons and Med School Professors Who Want Columbia To Kick “Dr. Oz” Off Its Faculty:

I’m going to have to both agree and disagree with you here. First off, I applaud Columbia University’s response and agree that the principle of academic freedom is applicable here… to a point.

Secondly, however, I’m going to have to disagree with you regarding the parallels. Linus Pauling was an embarrassment to medicine, not chemistry. Wald was overly passionate about politics, not biology. Nagel’s views on biology are an embarrassment, not his views on what he’s supposed to be actually teaching. Chomsky’s forays into political science may be an embarrassment (personally, I regard them as something of a mixed bag), but that’s not what he was the professor of, is it?

Kass, McKinnon, Harper, and Singer are closer parallels, of course, but there’s still one rather huge difference: Dr. Oz is a doctor… and runs his show as one. It is, as the comedian John Oliver put it, the Dr. Oz Show, not “Check This Shit Out With Some Guy Named Mehmet”. This is quite relevant for a number of reasons, not the least of which is that offering medical advice is within the scope of what doctors do. Offering that advice while invoking his medical license as a relevant qualification, simply put, can be considered part of the actual practice of medicine. Continue reading →

Legal But Not Ethical: Sex With A Demented Spouse

/ Jack Marshall / 25 Comments

Rayhons

In Iowa, a jury has found longtime Iowa state lawmaker Henry Rayhons not guilty of sexually abusing his wife by having sex with her at a nursing home. A doctor had told Rayhons that she had advanced Alzheimer’s disease. and was  no longer mentally capable of consenting to sex.

At the trial, Assistant Attorney General Tyler Buller told jurors  that Donna Rayhons’ Alzheimer’s disease had worsened in the months before last May’s alleged incident of unconsented sexual intercourse by her husband. She had washed her hands in dirty toilet water, Buller said, forgotten how to eat a hamburger and thought her first husband was still alive. Dr. John Brady later testified that Donna Rayhons had severe dementia, and thus any positive reaction to her husband’s physical advances could be termed a “primal response” at best. Brady testified that Donna Rayhons’ cognitive capacity had declined dramatically in the months leading up to the alleged offense. He explained that she had been diagnosed with Alzheimer’s based on several tests, including  a standard cognitive procedure in which patients are asked simple questions. By  May, Brady said, Donna Rayhons scored a zero on that test, and any score below eight indicates severe impairment, he said.

On his blog, the Volokh Conspiracy, Prof. Eugene Volokh makes a valiant effort to justify, excuse, or perhaps be compassionate regarding a man having sex with his wife after she has forgotten who he is or even what sex is. He argues, Continue reading →

Now THIS Is Contempt Of Court…

/ Jack Marshall / 15 Comments
You call that rant fighting back, Al? That's nothing! THIS is fighting back...

You call that rant fighting back, Al? That’s nothing! THIS is fighting back…

It’s always useful to have rock bottom standards against which all other similar incidents can be compared, so we all owe Tamah Jada Clark a debt of gratitude.

Police in Camilla, Georgia, had arrested her after a September 2010 “suspicious vehicle” stop turned up loaded AK-47 rifles and a .45-caliber pistol in her trunk, apparently intended tools for a foiled plot to break her son’s father, Jason Clark, out of prison, where he has been sentenced to stay for the next 30 years. Police had intercepted incriminating phone calls. Along with some other novel defenses, Clark argued that she was unlawfully arrested because she legally owned the weapons and was not in the same city as the jail where Jason Clark was held, although she was stopped in a nearby town.

She submitted a nine page filing to the court titled, “F*ck this court and everything it stands for.”

Catchy! Some highlights…

  • “Look here, old man, when I told you I AM Justice – I meant it. It took me about 1 month to study the history of the world and to learn the history and inner workings American jurisprudence, literally. I was born to do this here. Don’t you know that your FBI and CIA have been trying to recruit me since grade school? Lol. But they’re unscrupulous losers like you, so it won’t be happening.”
  • “I am well aware that the court has not spoken to me because it cannot defeat my legal arguments – so it runs and cowers like a panic-stricken hoe that has stolen money from her back-handing pimp Just for the record: you are a hoe. This court is a hoe. And I will backhand you both, should you continue to waste my time.”
  • “I couldn’t give two f*cks about you or what you have to say. F*ck you, old man. You’re a joke. Your court’s a joke. You take it up the a*s; and you suck nuts. Lol.”

Imagine writing “LOL” in a court filing!

Outrageous. On the good side, it was sensitive of Clark to use the polite, acceptable version of “fuck.”

Tsarnaev’s Irrelevant Finger And The End Of Capital Punishment

/ Jack Marshall / 41 Comments

dzhokhar-tsarnaev finger

I’ve stated here several times that I am in favor of the death penalty when it can be shown beyond any doubt whatsoever that an individual committed a horrific, cruel, unequivocally inexcusable murder or murders, preferably murders. One of the two Boston Marathon bombers, Dzhokhar Tsarnaev, the surviving one, clearly qualifies. Unfortunately, the public, the law and the legal profession are too confused to bring integrity to capital punishment, and I think, because of that, it can never be sufficiently fair and coherent to be ethical. Continue reading →

Fugitive for 39 Years Turns Himself In For Free Health Care…Wait, WHAT??

/ Jack Marshall / 31 Comments
"Oh, Mr. Moore? We have that bed you made 39 years ago. Now lie on it."

“Oh, Mr. Moore? We have that bed you made 39 years ago. Now lie on it.”

From NBC:

“…Clarence David Moore, 66, called the Franklin County (Kentucky)Sheriff’s Office on Monday and said he wanted to turn himself in, the sheriff’s office said. When deputies arrived, they found Moore — who’d been living in Frankfort since 2009 and had ID’d himself as Ronnie Dickinson — partially paralyzed and unable to walk because of a recent stroke. He was arrested and taken by ambulance to a hospital for examination before he was taken to the Franklin County Regional Jail.

“Sheriff Pat Melton told NBC station WLEX of Lexington on Tuesday that Moore said he’d escaped from the Henderson County, North Carolina, Prison Unit in the mid-1970s and has been on the lam for almost four decades. But as he got sicker, he couldn’t get medical coverage to pay for the complications of his stroke and other health problems, because he doesn’t have a valid Social Security number under his alias…Moore was arraigned Tuesday morning and waived extradition to North Carolina on a charge of being a fugitive from another state. He was being held without bond pending his being returned sometime this week….”

I hate to appear uncharitable, but I don’t understand this at all.

Moore chose to defy the justice system for 39 years, and now wants to get the benefit of it on his terms, when it’s useful and convenient to him?

He chose to avoid paying his debt to society. Society certainly has no debt to him. The ethical course is for the North Carolina’s governor to pardon Moore, and allow him to fend for himself, stroke or not. For taxpayers to have to foot the bill for a felon’s health care when he has shown nothing but utter contempt for the justice system is a travesty of justice, logic and ethics. If it’s compassion at issue, take the money that would have to be spent on Moore and use it to help an elderly law-abiding citizen who can’t pay his medical bills.

Or burn it.

Does the State have some subtle ethical obligation to the fugitive that I’m missing?

The Protesters, The Veteran And The Flag—An Instant Ethics Train Wreck In Georgia

/ Jack Marshall / 21 Comments
Mission accomplished... But what exactly was the mission?

Mission accomplished… But what exactly was the mission?

This the kind of story that makes Americans cynical. I’m more cynical from just reading it. Air Force veteran Michelle Manhart saw protesters  stomping on a flag in a demonstration at Valdosta State University in southern Georgia, and took action. She briefly snatched the flag away, but police officers intervened, arrested her, handcuffed Manhart, returned the flag to the protesters so they could continue abusing it, and escorted the comely counter-protester away. The protestors, all African-Americans, proceeded to say some silly and offensive things (Can we stipulate that “You killed off our people. You enslaved our people…You put us in this white supremacist place” is silly and offensive? I think that’s fair… and a lot fairer than accusing Manhart of “killing off” African-Americans.) Neither the demonstrators nor the police pressed charges against Manhart, but she did receive a campus trespass warning that bars her from campus activities. Let us pause for a brief ethics audit, shall we?

1. The flag desecrating protest, as the Supreme Court has clearly ruled, was legal and protected, except to the extent that it incites others to violence, like a burning cross. In some settings, it might be so judged. Not on a college campus, unless the college is West Point.

2. Legal or not, it’s a disrespectful and irresponsible protest, not to mention dumber than a Justin Bieber Fan Club.

3. I think many veterans would react as Manhart did. My father would have. I might have on his behalf. A lot of non-veterans would as well, and I salute them. Remember Rick Monday?

4. The police were correct to intervene and arrest Manhart.

5. The protesters were correct not to press charges.

6. The university correctly ordered her to stay away.

Unfortunately, the story began to rot soon after it was first reported. Continue reading →

Comment of the Day: “KABOOM! Head Exploded, Can’t Write, Don’t Need To: The FBI Forensic Scandal”

/ Jack Marshall / 6 Comments

FBI 1

Long-time Ethics Alarms commenter Michael R. delivers another of his provocative and informative Comments of the Day, this time on the festering scandal that is prosecutor misconduct and abuses of due process in our criminal justice system. This kind of commentary justifies the existence of Ethics Alarms, in my view, regardless of what I may write here. It is a virtual template for what makes a Comment of the Day.

Here is Michael R’s COTD on the post, “KABOOM! Head Exploded, Can’t Write, Don’t Need To: The FBI Forensic Scandal”… Continue reading →

KABOOM! Head Exploded, Can’t Write, Don’t Need To: The FBI Forensic Scandal

/ Jack Marshall / 23 Comments

Happy New Year!

This is res ipsa loquitur: “the thing speaks for itself.” If I have to explain what’s unethical about this and why, you are beyond my help.

From the Washington Post:

The Justice Department and FBI have formally acknowledged that nearly every examiner in an elite FBI forensic unit gave flawed testimony in almost all trials in which they offered evidence against criminal defendants over more than a two-decade period before 2000.

Of 28 examiners with the FBI Laboratory’s microscopic hair comparison unit, 26 overstated forensic matches in ways that favored prosecutors in more than 95 percent of the 268 trials reviewed so far, according to the National Association of Criminal Defense Lawyers (NACDL) and the Innocence Project, which are assisting the government with the country’s largest post-conviction review of questioned forensic evidence.

The cases include those of 32 defendants sentenced to death. Of those, 14 have been executed or died in prison, the groups said under an agreement with the government to release results after the review of the first 200 convictions…

Read the rest here.

Maybe The Best Reason To Remember April 15…Number 42

/ Jack Marshall / 20 Comments

jackie-robinson

A lot has happened on April 15.

Leonardo De Vinci was born…Abraham Lincoln died…Apollo 13 had the accident that almost destroyed it, but that triggered one of the great triumphs of the space program…Lee surrendered, ending the Civil War…The Beatles disbanded…I didn’t get my taxes in on time….

I would argue however, and will, that as culturally important as any of these events was that sixty-eight years ago, in 1947, Jackie Robinson became the first black man to play major league baseball in the modern era. This represented a cultural change that allowed the United States to take a giant step forward toward healing the self-inflicted and almost fatal wound of slavery, and it took a man of surpassing courage and character to do it. (Two men, really: the other was Dodgers GM Branch Rickey.)

Today all MLB players will wear Robinson’s number 42 to honor him. If you haven’t seen the movie “42,“ or if your children haven’t seen it, this is a good day to get a sense of what Jackie went through as he broke the color line.  You can check out Robinson’s baseball stats here,  and learn about the civil rights work he did after his playing career, in the too-short life that was left to him here. He’s in the Ethics Alarms Heroes Hall of Honor, of course, and his entry there has more about his life as well as some good links.

The main thing is, remember him.

Many years ago, I had a conversation with a close friend—smart, accomplished, engaged, educated, about 26 years old at the time. She had no idea who Jackie Robinson was. Nobody, then, now or ever, should reach adulthood in the United States without knowing and understanding what Robinson did, and our nation’s debt to him. There is an ethical  duty to remember, and to respect.

Thank you, Mr. Robinson.

Thank you.

 

Iowa’s Kirkwood Community College Imprisons Its Students In Deference To Hillary Clinton

/ Jack Marshall / 72 Comments
"This is a great community college, you know?"

“This is a great community college, you know?”

I’m willing to entertain the notion that the exigencies of the situation may have justified Boston’s police ordering citizens to stay in their homes during the dragnet for the Boston Marathon bombers in 2013, Barely. Still, the explosion of extra-legal, unconstitutional abuses of power by national and state governments during the Presidency of Barack Obama is profoundly troubling, and even more so is the complacency of the public and media when it occurs.

Yes indeed, I see this particularly frightening fish-rot as being initiated from the head in the White House, who has embraced the governing theory that if consensus and compromise on desired measures, laws and policies can’t be achieved under the Constitution’s formula, do it anyway. This isn’t strength, you know. It is weakness, the desperate resort of an unskilled executive with contempt for democracy. Under this administration, we have seen a President and a Justice department refuse to fulfill their duties and defend a duly passed and signed law that they just didn’t like (DOMA). Wrong. We have seen a President unilaterally amend his own sloppy health care law because he knows that if he tried to fix it legally, the Congress would gut it. Wrong. We have seen Obama repeal immigration restrictions by executive order, and declare that the Senate was in recess in order to avoid the bother of getting legally mandated  confirmation of his appointments—that one, at least, was struck down by the Supreme Court.

The cumulative effect of all of this is gradually increasing public tolerance for official breaches of the rule of law, at all levels of government, and by private entities too. I believe that that this threatens the democratic culture, and I do not understand why progressives are not as outraged by this development as moderates and conservatives. Do they really think that having allowed Constitutional protections to erode so their precious agenda can be advanced, those protections will be suddenly vigorous again when their adversaries have the upper hand? What utter, utter fools:

The sickening effect of this complacency was on display at Kirkwood Community College in Monticello, Iowa, where Hillary Clinton spoke yesterday. Students told reporters that the Secret Service locked them in their classrooms as the Democratic presidential candidate arrived. Continue reading →