“Jack Reacher” Ethics, Or Why It’s No Fun Going To Movies With Me

Jack ReacherI thought the Tom Cruise action film “Jack Reacher” would be a good way to escape from an aggravating day at the ethics grindstone, but no. It was rapidly apparent that this would be one of these movies with a sociopathic vigilante hero—Reacher (Cruise) is kind of a cross between Steven Segal and Billy Jack, summarily executing bad guys and completely uninterested in nuances like trials. The character, from the pen of British writer Jim Grant, is supposed to be 6’5″ tall and weigh about 250, so having the diminutive Cruise play him is a bit like having Danny DeVito play Fezzik in “The Princess Bride.”

The main annoyance was the typical persistent misrepresentation of legal ethics, especially the attorney-client privilege. Reacher is dark, free-lance, drifting Mr. Fix-it, and he is engaged by lawyer Helen Rodin as an investigator to prove her client, an ex-military sniper who is being prosecuted by her father, the DA, for apparently gunning down five random innocent victims in a shooting spree, is something more than a mad dog killer. In their initial conversation about the case, Cruise asks if what he is telling her is privileged. She assures him that it is, but the sequence is misleading, for Reacher and for the audience. Continue reading

The Fifth Annual Ethics Alarms Awards: The Worst of Ethics 2013 (Part One)

This is the first installment of the Worst.  It says something, and not something happy, that this segment of the year-end awards are more than twice as voluminous, and far more competitive, than the “Best” of 2013 ethics. Well, nobody said it would be easy….

Ethics Train Wreck of the Year

trainwreck

Obamacare, a.k.a Affordable Care Act. This is quite an achievement, as there were at least two other three Ethics Train Wrecks rolling along in 2013 that would have been easy victors in a less horrible year. One of them, The Trayvon Martin- George Zimmerman Ethics Train Wreck, was last year’s winner, and still wreaked ethics carnage across the culture, thanks to Zimmerman’s trial (which never should hev been brought), the biased media coverage, the incompetent prosecution, the inept judge, and then afterward, the ignorant and/or racially motivated attacks on the jury for doing its job well and fairly against overwhelming odds. Yet as bad as this hangover from 2012 was, the Sandy Hook Ethics Train Wreck was arguably even worse. The news media decided to go Soviet and abandon all pretense of objectivity, essentially becoming an Obama Administration propaganda tool for gun control. Elected officials lied their heads off; so did the aroused NRA. Gun owners talked and behaved like they were about to be Gulaged. Legislators shamelessly used the grief of victims to stampede public opinion; children became props; fake statistics were everywhere; brain-damaged Gabby Gifford was programmed to read child-like messages as if they were the conclusions of research papers. The President’s total lack of political leadership skill again came front and center, then, when he had failed to do what he promised to do, the opposition was vilified by celebrities like Jim Carrey, who called them murderers and worse.

But the Affordable Care Act lapped both of these. It revealed itself to be a five-year long train wreck that just took a break after an earlier stretch where the bill was passed without due diligence by its supporters and using a cynical by-passing of due process. A Presidential lie intentionally devised to deceive the public was repeated for the five-year span, and then exposed when the law began to take affect….but not before the law inspired Republicans to force a reckless and irresponsible shut-down, a mini-train wreck within the train wreck.  The website debacle was initially spun by the news media (not working worth a damn isn’t a “glich”), then the evidence of near criminal ineptitude became impossible not to report. The indisputable evidence that the President of the United States had sold a program under false pretenses came to light, prompting dozens of politicians, bloggers, pundits and reporters to destroy their credibility forever (I hope) by desperately trying to either rationalize the lie ( “the ends justify the means”), call it something other than what it was (The New York Times’ disgraceful “incorrect promise” was one low point), or simply deny that it was a lie at all (Democratic Chair Debby Wasserman Schultz, setting a new low for personal dishonesty, itself an achievement in her case). Then, when the public pressure and political fall-out became unbearable. the President just began amending the provisions of his own law on the fly, except that it was the nation’s law, and it’s unconstitutional to do that—this, after the mantra from Democrats and the news media during the shut-down debate was that the ACA was “settled law.”  HHS Secretary Sibelius misled Congress, the White House denied that her stated goals were goals once it was obvious they wouldn’t be met; and nobody was held responsible for yet another Obama Administration debacle. And there’s a lot more, with the train wreck still moving at top speed.

Fraud of the Year

Iowa State University biomedical sciences assistant professor Dong-Pyou Han, who resigned after admitting he tainted blood samples to get desired outcomes in research animals, allowing him to claim a break-through in the effort to develop an AIDS vaccine. The National Institutes of Health had awarded Han’s research team $19 million in multi-year grants.

Incompetent Elected Officials of the Year

  • Elected Body (National): House Republicans, who staged a wholly useless, expensive and damaging government shut-down on “principle,” without ever articulating what that principle was sufficiently for anyone responsible to agree with them. Runner-Up: The California House Legislature, which passed a law allowing illegal aliens to practice law.
  • National Elected Official:  President Obama.  From being incapable of working with Congress, to refusing to fire incompetents, to not knowing what was going on in his own administration, to drawing red lines he wasn’t willing to defend (and then advocating killing people just to show he was willing to defend them), to undermining the trust and faith in both his office and himself by uttering unequivocal lies, President Obama had one of the worst years of self-inflicted miscalculations, errors, failures and reversals of any U.S. President in history. I’m sorry to have to say it, but it’s true.
  • Local Elected Official: Storey County (Nevada) Assemblyman Jim Wheeler (R). Wheeler told a group that if his constituents demanded it, he would vote (with a heavy heart)  to reinstate slavery, as he felt doing so would be his duty as a representative. Runner-up: Maryland House of Delegates Member Don Dwyer (R), who after a drunk driving and drunk boat piloting episode, the latter injuring several people, blamed his conduct in part of feeling betrayed over his colleagues approval of gay marriage in Maryland.

Sexual Harasser Of The Year Continue reading

Ethics Hero: Former Brooklyn Judge Frank J. Barbaro (Zimmerman Furies: Is This Your Future?)

We can hope.

From the NY Times...

 The judge’s conscience gnawed at him a little more every year after he retired from the bench. With every news article he read about a wrongful conviction, Frank J. Barbaro, the former Brooklyn judge and assemblyman, would return to a particular murder case in 1999, and question whether he had made the right decision to send a man to prison for 15 years to life. Not long ago, Mr. Barbaro, 85, decided to contact the lawyer for the man, Donald Kagan. He got a transcript of the trial, during which Mr. Kagan had waived his right to a jury and put his fate in Judge Barbaro’s hands.

“As I read it, I couldn’t believe my eyes,” the former judge said in an interview. “It was so obvious I had made a mistake. I got sick. Physically sick.”

Mr. Barbaro’s change of heart led to a highly unusual spectacle this week in a Brooklyn courtroom: He took the witness stand in State Supreme Court to testify at a hearing that his own verdict should be set aside. His reason was even more unusual: As a die-hard liberal who had fought as a politician against racism in Brooklyn and weathered the race conflicts in Bensonhurst, he said he had been biased against Mr. Kagan because he was white and the shooting victim, Wavell Wint, was black.

“I believe now that I was seeing this young white fellow as a bigot, as someone who assassinated an African-American,” Mr. Barbaro testified on Wednesday before Justice ShawnDya L. Simpson. He added: “I was prejudiced during the trial.” Continue reading

Race-Baiting At “The Root”

The African-American news and commentary site The Root has plowed some new ground in the field of disgusting race-baiting.  An article by Charles D. Ellison argued that the same conservatives who fought to block Terri Shiavo’s husband from authorizing the withholding of her food so his vegetative wife could die should be supporting Jahi McMath’s parents’ efforts to keep their brain dead 13-year-old daughter on life support. That they are not, he suggests, is because Terri was white, and Jahi is black.

I wrote about Schiavo’s plight here, over at the Ethics Scoreboard, in 2005. I wrote recently about Jahi McMath, here. There is no inconsistency in my positions, but there is also none in the reactions of some conservatives to the two cases, because they are not comparable. Here’s  Billy Crystal explaining the divergence exquisitely in “The Princess Bride”:

In Billy’s words, Jahi is all dead. She is brain dead, which is to say, dead. Keeping her on life support is a waste of resources, and a tragic exercise in denial. Terri was mostly dead, and was never getting better. Most of her brain was gone, but her vital functions were still operating. Conservatives regarded the withholding of food from her as murder, just as they oppose the destruction of frozen embryos that will never be born.

They were wrong to try to interfere in Terri’s case, but that is irrelevant here. There is no racism involved at all. If Jahi were white, she would still be all dead, and even the most doctrinaire conservatives don’t believe that dead people should be kept on respirators.

The Root’s piece is dishonest, ill-informed, hateful and unfair.

_____________________________

Pointer: Althouse

The Fifth Annual Ethics Alarms Awards: The Best of Ethics 2013

Ethics Story 2013

I decided to start with the Best in Ethics this year, in contrast to other years, on the theory that it would get things off to a positive start in 2014. What it did, instead, was make me realize how negative Ethics Alarms was in 2013. Either there wasn’t much positive going on in ethics, or I wasn’t seeing it. My thanks to those of you who send me nominations for Ethics Heroes (and other stories); even when I don’t write about them, they are valuable. Please keep them coming. In the meantime, I pledge to try to keep the jaundice out of my eye in 2014. Things just can’t be as dire as they seemed last year.

Could they?

Here are the 2013 Ethics Alarms Awards for the Best in Ethics:

Most Important Ethical Act of the Year:

The U.S. Supreme Court declared the Defense of Marriage Act unconstitutional, paving the way for the universal legalization of gay marriage. Yes, it was a legal decision, but it was also based, as all such culturally important decisions are, on a societal recognition that what was once thought to be wrong and immoral was, in fact, not. This is ethics, an ongoing process of enlightenment and wisdom about what is right and wrong, and the U.S. Supreme Court did its part. Continue reading

What Do You Do With The Drunken Judge? Media Distortion And Judge Gisele Pollack

Broward County (Florida) Judge Gisele Pollack, a recovering alcoholic, showed all the signs of suffering a relapse during her session on the bench two weeks ago, when she abruptly ended the day’s proceedings after an hour and a half that featured the judge slurring her words and acting erratically. She presides over misdemeanor drug court, a program she established shortly after being elected as a county judge.  Her program offenders to have their charges dismissed and their drug records erased after six months of treatment.

After staying away from work for a day, Judge Pollack returned to the bench in the late afternoon, and presided over a courtroom packed with about a hundred drug offenders, along with  their friends and their families. The event marked the completion of rehab for dozens of offenders and the dismissal of their misdemeanor marijuana charges.“You’ve got to remain vigilant,” she told the graduates, emphasizing that they had to work hard to avoid relapses that would  place them back in front of her, and perhaps in jail.

After court, she acknowledged her own health crisis and announced that she was going into an outpatient rehab program. An attorney retained by the judge in the wake of her conduct attributed her relapse to personal issues, telling reporters that she has  “had some severe personal tragedy in her life. Her mother recently passed away, and they were very close. It’s been really devastating for her.” Apparently her son is also suffering from a serious illness. Broward Public Defender Howard Finkelstein, a longtime friend, told reporters, 

“If this causes the people to not have faith and not have trust in what goes on in that drug courtroom, then she will have to step aside,’ he said. ‘My hope is is people will wrap their ever-loving arms around Judge Pollack just as she has wrapped her arms around thousands of people.”

What’s going on here? I think it’s pretty obvious: a recovering alcoholic in a critical position of public trust suffered a relapse, as alcoholics are wont to do. If one is an alcoholic, this is a symptom of a very persistent, pernicious and incurable disease that kills many Americans every year, does horrific damage to families, businesses, governments and the economy, and that is incurable. Being an alcoholic is not an ethical violation for a judge or a lawyer, nor is having a relapse. Allowing that relapse to affect the competent performance of one’s duties, however, is an ethical violation that calls into question a legal professional’s ability to do her job. It could trigger professional sanctions; it certainly should trigger an official inquiry. A Florida judge appearing drunk on the bench, just once, is still a massive ethical breach. It arguably violates the first five Canons of Judicial Ethics a Florida judge is bound to follow… Continue reading

Ethics Hero: “Ludo,” Under-Employed Law Grad Blogger

True Grit - Reminds me of me

As Rooster Cogburn (John Wayne) says of plucky Maddy Ross (Kim Darby) in the original, and best, film version of “True Grit,” Ludo “reminds me of me.”

Naturally, I admire him.

Ludo is, in his own words, ” a recent law school graduate and aspiring writer from Southern California. He is currently overeducated and underemployed, working two jobs and keeping sane only by writing down the stories of the crazy stuff happening to him.  He is currently working on his first book, a collection of stories from his days driving a taxi in Orange County….” He is beginning to get some publicity thanks to his blog, Law Grad Working Retail, which provides sometimes hilarious accounts of his current existence as an over-educated, presumed automatic admittee to America’s powerful and elite presumably thrust into life the way most of America lives it.

Do not lump Ludo with “Nando” and the other bitter, unemployed or under-employed recent law grads who have had their ire aroused by my observations about them on Ethics Alarms   (also here). He is doing exactly what he should be doing, using his unique talents to open up new opportunities while presenting himself to the world of law and elsewhere as a likely asset. As he writes in a recent post rebutting criticism of his blog… Continue reading

Ethical Burglar Of The Year (Assuming Santa Doesn’t Qualify)

Now this is an ethics category you don’t see very often!

"Let's hope that I do not, while gathering my swag, encounter evidence of a crime that, unlike burglary and theft, my personal value system regards as repugnant, for then, as a responsible citizen burglar, I would be ethically obligated to report it to law enforcement officials, thus placing myself at greater risk of arrest..."

“Let’s hope that I do not, while taking valuables and property from the private residence I am about to break into, encounter evidence of a crime that, unlike burglary and theft, my personal value system regards as repugnant, for then, as a responsible citizen burglar, I would be ethically obligated to report it to law enforcement officials, thus placing myself at greater risk of arrest…”

In Spain, a burglar  broke into the home of a trainer for a kids soccer team, and discovered a collection of child pornography, including self-made recordings of the homeowner sexually abusing children as young as ten. The burglar placed an anonymous call to local police and said he left the evidence in a car, along with a note on which he wrote the apparent pedophile’s address. “I have had the misfortune to come into possession of these tapes and feel obliged to hand them over and let you do your job, so that you can lock this … up for life,”  the burglar told police in his message.

The trainer has been arrested and charged;  one of his victims, who is now 16, told authorities she had been abused since the time she was 10.

A few ethics observations on an intriguing case: Continue reading

Anti-Smoking Ethics—And A Subversive (But Ethical!) Suggestion

"Sorry, sir, but sort-of-looking-like-you're smoking's not allowed in here, and besides, a phony study will be finding it deadly any day now."

“Sorry, sir, but sort-of-looking-like-you’re smoking’s not allowed in here, and besides, a phony study will be finding it deadly any day now.”

Little noted in the news winds was the fact that a major study reported in the Journal of the National Cancer Institute found “no link between the disease and secondhand smoke.” Oh!  Well, never mind then. The supposed deadly effects of second hand smoke gave hoards of health-policing citizens leave to not only be obnoxious and confrontational–“You have no right to pollute my lungs!”—but also to ban a legal consumer product in public places as well as to stigmatize anyone using the products as selfish sociopaths perpetrating slow-motion serial murder.

The second-hand smoke theory always seemed too convenient to me. Many years ago, I permanently soured my relationship with the head of a large Washington association, a non-smoker (as am I, except that I don’t presume to tell others what legal products to entertain themselves with), by opposing his ban on smoking in meetings and offices (and, eventually, his employees’ own homes) because he thought it was dangerous.  He trumped me by producing a couple of fishy studies that, it appears, were in fact as fishy as I suspected at the time. I would like to see a call for accountability on this: how did data now shown to be completely without factual basis manage to surface, become accepted in the regulatory establishment, and be used to bully smokers for decades?

And if you think this reminds me of the over-hyped scientific “consensus” on global warming and climate change, you are exactly right. Continue reading

Should A Man Ever Hit a Woman? Well, It Depends.

The web is abuzz over this viral video, in which a young woman, aided by a videocam-wielding minion, goes to excessive lengths to provoke a young man of significant size:

The question being debated: Is it ever ethical for a man to strike a woman? Continue reading