Law & Law Enforcement

“The Ethicist” and the Doctor

/ Jack Marshall / 17 Comments
It's all Greek to "The Ethicist"!

It’s all Greek to “The Ethicist”!

The third New York Times writer to take over the mantle of “The Ethicist” column, Chuck Klosterman, may be the most reliable yet, but he ended up wandering into the ethical weeds in his recent advice to an ethically-perplexed doctor, and engaging in advice column malpractice.

A physician asked him what was his ethical course when a patient divulged to him that his persistent headaches may have arisen from the stress of keeping a secret: he was responsible for a crime that had been pinned on an innocent man. Before the consultation, the doctor had promised his patient that “whatever he told me would not leave the room.”  Now the physician was having second doubts, and wondered if he was right to keep the confidence to his patient at the expense of an innocent man’s freedom and reputation.

Klosterman’s answer:

“I would advise the following: Call the patient back into your office. Urge him to confess what happened to the authorities and tell him you will assist him in any way possible (helping him find a lawyer before going to the police, etc.). If he balks, you will have to go a step further; you will have to tell him that you were wrong to promise him confidentiality and that your desire for social justice is greater than your personal integrity as a professional confidant.”

First of all, I don’t understand why a doctor is asking this question to a newspaper ethicist unless he doesn’t like what professional and medical ethicists are telling him. Klosterman, in reaching his reasonable-sounding but flat-out wrong reply, simply discards the concept of professionalism, beginning with the Hippocratic Oath…. Continue reading →

The CBS-White House Fraternal Connection: THAT’S An Apearance of Impropriety…So Now what?

/ Jack Marshall / 3 Comments
OK, so they're brothers. What makes you think they're in cahoots?

OK, so they’re brothers. What makes you think they’re in cahoots?

What are we to make of these facts?

  • The Benghazi talking points prepared by the CIA went through 12 revisions before they were revealed to the press and the public. The White House was  involved in that process, and the original references to a terror attack were removed. President Obama’s deputy national security advisor, Ben Rhodes, was instrumental in this.
  • CBS News executives are reportedly upset with award-winning CBS reporter, Sharyl Attkisson, who has, almost alone in the mainstream media, continued to investigate and report on the Obama administration’s controversial handling of the Benghazi terrorist attack in Libya, including the apparent obfuscations regarding its cause. Attkinson is having trouble getting her reporting aired, and her position may be in peril.

Psychic Ethics: Sylvia Browne’s Dilemma

/ Jack Marshall / 38 Comments
Sylvia Browne, under fire for not being a real psychic by people who should know better.

Sylvia Browne, under fire for not being a real psychic by people who should know better.

Growing up, I knew Sylvia Browne as one of the more colorful friends of my father, who knew her brother in the army. She visited from Kansas City every year or so, and her claims of psychic powers never came up, perhaps because my father didn’t believe in such things. My first inkling of “Aunt” Sylvia’s other life was when she pulled me aside in the fall of 1966, after hearing me bemoan the low state to which my beloved Boston Red Sox had fallen. They were going to finish the season in last place, the team’s vaunted youth movement was a flop, and I was disconsolate. “Don’t tell anyone I said this, ” she told me, “but the Red Sox will be in the pennant race next year to the very end. It will come down to the last two games.”

This seemed incredible to me, but what the heck: when the 1967 season tickets went on sale that winter, I sent in an order for two seats on the third base side for the next-to-last game of the season, against the Minnesota Twins. Baseball fans will recall that the ’67 season featured the closest race in American League history, with four teams, including the underdog Red Sox, staying essentially tied for months, with the pennant decided in the last two days at Fenway Park. Sure enough, Boston swept the Twins twice to make up a one game deficit and go the World Series. Sylvia called it.

During college and law school, Sylvia Browne fell out of my family’s life, but our paths intersected again when she showed up for a surprise visit at our home while I was studying for the Massachusetts bar exam in 1975. My job with the Mass Defenders had fallen through, and I had received an unexpected job offer from my law school to work for the new Dean. It would mean moving to D.C., which I didn’t want to do, and I was torn. This was the big topic of discussion while Sylvia was having dinner with us; my mother was emphatic that I should turn the offer down. For the second time, Sylvia pulled me aside for an unsolicited consultation. “Go to D.C.,” she said. “Your future wife is waiting for you.” I naturally assumed that she meant my current girl friend from law school, who was still in the District. “Not her,” Sylvia said. “Another. This job will bring you together, for good.”

I did take the job, although Sylvia’s advice played no part in it. Indeed, I forgot about the conversation completely until it came back to me right before I proposed to my wife, now my wife of 33 years, who was a work colleague of mine at the law school. Sylvia was two for two, at least where I was concerned.

Why I only had dealings with Sylvia Browne when the Red Sox were destined to go to the World Series I can’t imagine (Boston played Cincinnati in the 1975 classic), but the next time I heard from her was in 2004, the year they finally won it. She called me in my ProEthics office on November 17 of that year, and she was distraught. She was calling me, it turned out, not to give advice, but to receive it.  Continue reading →

Integrity Test For The Public And News Media: The IRS Outrage

/ Jack Marshall / 19 Comments
"It's OK...the King is sorry."

“It’s OK…the King is sorry.”

  • Scandal: Obama, Jay Carney, Susan Rice, Hillary and the State Department meticulously lying about the cause of the Benghazi attack during an election campaign

Media Response: “Bah! Old news [about something the press never treated as news at all]! Politics! A ‘conservative story’!”

Media Response: “Oh, Please!—a typical conservative conspiracy theory…what? It really happened? Well, the public doesn’t care about it, and “Pigford” is a funny name, so no harm…”

Well, let’s try something really new. I wonder if the IRS admitting that it targeted and harassed conservative non-profit groups in an election year qualifies as a scandal that calls into legitimate question the ethics and competence of the Obama Administration, in the eyes of our fair and objective press, the guardian of our freedoms.  Is there any depth to the media’s complicity with this government’s misconduct? I suppose we’ll find out.**

From the Associated Press: Continue reading →

Of Hero Ethics, Credit, Fame, And Angel Cordero

/ Jack Marshall / 10 Comments
Angel Cordero, unsung hero. And in good company.

Angel Cordero, unsung hero. And in good company.

Apparently a Cleveland man named Angel Cordero is every bit as deserving of accolades in the rescue of the three kidnapping victims of Ariel Castro [of alleged kidnapper and rapist Ariel Castro, that is. Reflect on this case the next time someone puffs themselves up to reprimand you for a missing “alleged” and lectures you about how the accused are “innocent until proven guilty.” Yes, we know—and that means we can’t lock them up and throw away the key until they have had a fair trial and been officially proven guilty beyond a reasonable doubt in the judgment of a jury. It does not mean,  in a situation where there is literally no possible interpretation of the facts that would not end with the conclusion that the man who owns the house where three women have been kept prisoner for ten years and who have told interviewers that he beat them, starved them and raped them, that to state the obvious is some kind of human rights violation. By the way, O.J. is guilty too.] as the more colorful, more publicized–and more ridiculed—Charles Ramsey.

I want Cordero to receive the credit and admiration he deserves. I don’t want him to feel bitter and unappreciated. If the media, public and popular culture is inclined to bestow its goodies on the heroes of this horrible story, I hope he gets his fair share. Still, I also hope that he would be sufficiently large of soul and solid of values to adopt the attitude that what is important is that the women were rescued, and not who gets credit for it, now or in the future. Continue reading →

Mom Ethics and Kobe Bryant’s Plight

/ Jack Marshall / 14 Comments

Ah, how many of you must identify with Kobe Bryant today!

Did Mom throw them out?

Did Mom throw them out?

He is enmeshed in an ugly family dispute, suing his own mother in response to an unethical wound that mothers have casually inflicted on their children for centuries.

The superstar Los Angeles Lakers guard’s lawyers argued in a court filing that Bryant never gave his mother permission to sell his memorabilia from his high school days and early professional basketball career, in an attempt to block the auctioning off of jerseys, balls, trophies, championship rings and more for his mother’s profit. His mother, Pamela Bryant, says that she has the right to sell the stuff, because the NBA star told her the memorabilia was hers. She has already received a received a $450,000 advance to have Berlin, N.J.-based Goldin Auctions sell it all for top dollar. Continue reading →

Nakoula Basseley Nakoula Is Not A Political Prisoner

/ Jack Marshall / 6 Comments
My favorite Nakoula arrest meme: Funny, but wrong.

My favorite Nakoula arrest meme: Funny, but wrong.

The Congressional hearings regarding what increasingly appears to be intentional dissembling by the Obama Administration to minimize the political fallout from the Benghazi terrorist attack have, predictably, sparked renewed attention to the fate of Nakoula Basseley Nakoula, the creator of the anti-Islamist Youtube video that Hillary, the President, and Susan Rice pretended was the reason an ambassador and others ended up dead.

Nakoula is in prison, and his arrest for violating the terms of his probation was certainly well-timed for Obama Administration spin  purposes; purportedly (and if true, outrageously) Hillary Clinton told the family of one of the slain Americans that the filmmaker responsible for the video would be punished. This is only hearsay, but I am inclined to believe it: it is pure Clinton, masterful deceit. Nakoula couldn’t be punished for the video, of course, because of that darn old First Amendment. But Hillary may have known that he was headed for punishment and prison for something else, so it was a perfect ploy to make the victims’ families and any offended Muslims think this was why he was going to jail. Me, I think that oh-so-clever ploy is a betrayal of American integrity and values, but that depends on what the meaning of is is.

The Right, however, is sure that Nakoula was arrested for the video, one way or the other. Rich Lowry, editor of the National Review, has come right out and said that he’s a political prisoner. Continue reading →

Once Again, Fairness vs. Integrity In A Baseball Controversy

/ Jack Marshall / 2 Comments
George Brett was a bit chagrined when his home run was disallowed...

George Brett was a bit chagrined when his home run was disallowed…

It has happened again, as it has thousands of times since the great game of baseball was invented. A result that is permitted by the rules violates the sense of fairness of  objective observers, who thereupon demand that the result be “fixed,” after the fact, by baseball’s powers that be. The most infamous recent example of this scenario was in 2010, when umpire Jim Joyce robbed a deserving pitcher of the perfect game he had pitched (27 batters, 27 outs) by calling the final batter safe at first on a close play, when the player was obviously (to all but Joyce, that is), out. The umpire quickly and openly admitted his error after the game, but there is no provision in the baseball rules for the League or Major League Baseball reversing an umpire’s judgment call after the fact, no matter how bad it was or how unjust the results. Baseball’s Commissioner Bud Selig, to his credit, refused to yield to the popular outcry to give the unfortunate Detroit Tigers pitcher, Armando Galarraga, the achievement and place in baseball history that should have been his. The rules say that unless umpires have actually misinterpreted the black letter rules of the game, there is no remedy. Umpire errors, like player errors, are part of the game.

Last night, what should have been a game-winning home run was called a double by umpires, and what was worse, they held to their mistaken call even after the mandated video review MLB now allows for disputed home run calls. The umpires viewed video that clearly shows the Oakland A’s Adam Rosales’ hit clearing the wall, but crew chief Angel Hernandez bizarrely claimed that the video wasn’t conclusive enough to justify a reversal. Since the A’s lost the game by one run, this altered the result, and there have been calls for an official reversal with the game being replayed. Continue reading →

Law, Ethics and Gender: California’s “Bathroom Bill”

/ Jack Marshall / 31 Comments
Barry Bonds identifying as female...kind of like he identified as "not being on steroids"

Barry Bonds identifying as female…kind of like he identified as “not being on steroids”

The fur is flying in California and also in the internet culture wars over California’s latest foray into social engineering, officially known as Assembly Bill 1266, and popularly known as “the bathroom bill.” In its current form, the proposed legislation states…

“A pupil shall be permitted to participate in sex-segregated school programs, and activities, and facilities, including athletic teams and competitions, and use facilities consistent with his or her gender identity, irrespective of the gender listed on the pupil’s records.”

Here is such a wonderful example of the inherent limitations of laws as opposed to ethics that I’m considering having it framed and mounted. Continue reading →

Charles Ramsey Is A Hero. Show Some Damn Respect.

/ Jack Marshall / 26 Comments
Nice---he saves the women, and you mock him. Who's the real jerk here?

Nice—he saves the women, and they mock him. Who’s the real jerk here?

Charles Ramsey is a hero without qualification. He saw someone in peril and acted, kicking in his neighbor’s door to help a woman and a child who were strangers to him. This assertive and proactive conduct led to the rescue of three young women missing for a decade. Yet because Ramsey is unrepentantly expressive in the manner of his community and peer group, and is not the typical white, middle class American who tends to dominate the internet, videos of his account of the event, replete with colorful slang and vernacular and his own expressive flourishes, have become objects of mockery and ridicule on the web, with a nasty racist edge. He is now a viral meme, especially his signature quote about knowing something is wrong when “a little pretty white girl” runs into “a black man’s arms.”

Wrong. I love Ramsey, and love his open, clear, emotional, story-teller’s manner. He is articulate in the true spirit of the word—interesting, vivid, clear and genuine. John Kerry should communicate so well. Mitch McConnell should hire him as a coach. If Al Sharpton could convey such sincerity, we’d all be in trouble. Continue reading →