Law & Law Enforcement

The Ethics of Stopping the Condemned From Accepting Death

/ Jack Marshall / 11 Comments

In Oregon, a judge has granted death row inmate Gary Haugen’s motion to dismiss his lawyers after they persisted in taking measures to block his execution. They had declared he was not mentally competent to waive his appeals and allow his own state-decreed death to proceed.

Leave it to lawyers to be convinced that they know what’s best, even when it involves someone else’s wishes about his own life and death.

Is the condemend prisoner who approves of his own excecution insane, or courageous?

In an attorney-client relationship, the lawyer is ethically bound to do what the client wants as long as it is legal and within the bounds of the ethical constraints on the lawyer. A lawyer can render advice and should; a lawyer can explain the legal consequences of a course of action. But substituting the attorney’s judgment for that of the client is taboo…except, all too often, in cases like this one, in which a death row inmate decides that letting justice take its course and accepting the state’s death decree is preferable to rotting in prison.  Continue reading →

A Tale of Two Heathers

/ Jack Marshall / 6 Comments

All right, cooking your child doesn't mean you're a bad person.

Heather #1: Ethics Hero Heather Elliott, who saw two small boys locked in a car parked outside a Kroger store in Indianapolis. The temperature was in the 90s and climbing, and the boys looked red-faced and hot. One was screaming and crying, and banging at the closed window. Elliott decided to take action, and began to try to find a way to open the car doors.

Heather #2: Ethics Dunce Heather Query, 21-year-old mother of the two cooking boys, who arrived on the scene just as Heather #1 was trying to rescue her children. “How long were you in that store?’ Heather #1 asked #2.  “It’s 100 degrees outside.” ‘What do you care?” said Ethics Dunce Heather. “Mind your own business” When Ethics Hero Heather responded, “I’m just concerned about your kids. I’m just thinking about the safety of your kids,” Heather #2 attacked her, punching her in the face.

There’s gratitude for you. Continue reading →

Fact Checker Ethics, Part II: Validating Deceit, and Practicing It Too

/ Jack Marshall / 24 Comments

Et tu, Fact Checker?

In its review of Washington Post “Fact Checker” Glenn Kessler’s shameful refusal to call the Democratic dissembling on Social Security, Ethics Alarms saved the best—which is to say, worst—for last.

Beginning with a statement typical of Obama Administration and Democratic leadership positioning on the subject, Rep. Xavier Becerra’s (D-Calif.) “Social Security has never contributed a dime to the nation’s $14.3 trillion debt…not one penny to our federal budget deficit this year or any year in our nation’s history,” Kessler gives a brief history of Social Security, why it has no more money, and concludes with this nonsense:

“Becerra is sincere in his convictions and his statement is true, so far as it goes. Yes, Social Security in the past has not contributed to the nation’s debt. But it’s basically a meaningless fact and actually distracts from the long-term fiscal problem posed by the retirement of the baby boom generation and the shrinking of the nation’s labor pool.” Continue reading →

Barn Doors + Anger + Ignorance + Irresponsible Legislators = “Caylee’s Law”

/ Jack Marshall / 3 Comments

When someone first mentioned the wave of support for “Caylee’s Law,” proposed legislation so far pending in four states making it a felony for a parent not to report a child’s death within an hour or a missing child within 24 hours, I responded that it “sounded like a good idea.”  Lots of dumb things sound good to me before I think about them. “Caylee’s Law,” is in fact a terrible idea, and about 10 minutes of quality thought illuminates why.

The law is the result of multiple factors more related to human nature than sound law enforcement. When something unpopular and frustrating happens, like the death of Caylee Anthony and her mother’s subsequent acquittal of murder charges, the response is often to try to fix the problem with a law. Such laws are often formulated in the heat of emotion and sentiment rather than careful reasoning and consideration, and the result is  bad laws that cause more problems that they solve.

These laws also embody the Barn Door Fallacy. Society passes broad-based measures to stop an unusual occurrence that has already done its damage, and that may be extremely unlikely to occur again. Nevertheless, society and the public saddle themselves with expensive, inconvenient, often inefficient measures designed to respond to the rare event. One shoe bomber, and millions of passengers have to remove their shoes to go through airport security. One adulterated bottle of Tylenol, and every over-the-counter drug bottle requires a razor blade and the manual dexterity of a piano virtuoso to open. Two sick boys shoot up Columbine, so third graders get suspended for bringing squirt–guns to school. Continue reading →

The Case of the Excessively Flexible Lawyer

/ Jack Marshall / 3 Comments

A Louisville lawyer named Keith Kamenish wants to defend Dion Neal, a drug dealer, against a murder-for-hire charge.  A police informant wearing a wire recorded a hit man as he said  that he was paid by Neal to kill a competitor for him. “I put 36 slugs in that nigger’s face and stood on his head,” the independent contractor boasted, according to a transcript of the conversation filed in court. “The whole head collapsed!”

Nice.

The government is trying to get Kamenish kicked off the case, and here is why: the guy whose head collapsed, LaJuante “B.B.” Jackson, was a Kamenish client at the time of his murder. Jackson was shot just four weeks after Kamenish got Jackson released on bond on a state drug charge; the lawyer’s blood- stained business card was found in Jackson’s wallet. Continue reading →

Now THAT’s Bad Sportsmanship!

/ Jack Marshall / 4 Comments

After a 16-year-old Florida boy lost a black belt taekwondo match, he bowed to his opponent, shook his hand ...and then kicked him in the face. The blow knocked his surprised adversary’s front teeth out.

The sore loser was booked on a felony assault charge. The sore winner ended up in the hospital.

National taekwondo organizers are reportedly considering serious sanctions, including banning the suspect from the sport for life.

I think that’s a reasonable response.

“Twelve Angry Men,” A Million Angry Fools, and the Jury System

/ Jack Marshall / 29 Comments

Their defendant was probably guilty too.

Ethics Alarms All-Star Lianne Best sent me this link about a member of the Casey Anthony jury who is going into hiding because of all the hate and criticism being directed at jury members and their controversial verdict. Her plight, which must be shared by other members of the much-maligned jury, highlights the unethical, not to mention ignorant, reaction of the public to the Florida ex-mother’s narrow escape from a murder conviction she almost certainly deserved.

The problem begins with publicity. We may need to re-examine the logic behind broadcasting high-profile cases. The combination of live courtroom feeds and quasi-semi-competent commentary gives viewers the mistaken belief that they are qualified to second guess the jury, and they are not. They are not because the jury is in the courtroom, and the viewers aren’t. The jury and TV watchers see different things; individuals communicate different emotions and reactions in person than they do on camera. There is only one fair and sensible way to answer those on-line instant polls that ask, “Do you think Casey Anthony should be found guilty?”, and that is “I don’t know.”

Most of all, the viewers and pundits are not present in the jury room. Continue reading →

Attention FCC: What the News of the World Scandal Reveals About Rupert Murdoch

/ Jack Marshall / 1 Comment

Rupert Murdoch

Concluding that the News of the World scandal in Great Britain shows that Rupert Murdoch has less than a sufficient reverence for ethics, journalistic or otherwise, is an intellectual achievement well within the powers of Forrest Gump.  Concerns about the integrity of the Australian media magnate have been voiced since he first stuck his kangaroo’s nose in the American media tent. As is too often the case here, legitimate points were minimized by their linkage to political bias: was Murdoch bad for American journalism because he was unethical, or because he was conservative? His most vocal critics, being from the Left, regard the two as the same, which allowed Murdoch to accumulate defenders on the political right who should have been just as wary of his methods and ethical deficit.

Now his flagship tabloid, The News of the World, has folded in the midst of a still-unfolding scandal. You can read details here; the important thing to know is that the tabloid was essentially lawless. Continue reading →

Explain to Me Why We Tolerate Illegal Immigration, Again?

/ Jack Marshall / 28 Comments

Yes, I'm in a rotten mood today! Wanna make something out of it??

My cranky Saturday continues with an issue that I increasingly find bewildering: the tolerance, denial, and enabling by so many Americans of illegal immigration, although its unethical character cannot be denied or argued away. I know why Democrats support it—pure electoral cynicism—and I know why the business community encourages it—greed. What I don’t comprehend is why anyone else with a modicum of logic, fairness, and common sense isn’t confronting both of these self-serving institutions and demanding real enforcement of anti-illegal immigration measures. Instead, we get outrageous legislation like the Maryland Dream Act, which institutionalizes incentives for aliens to defy our laws. Continue reading →

What Today’s Broadcast News Regards As “Credentials”

/ Jack Marshall / 12 Comments

"Yes, yes...journalism degree, experience at a local affiliate, blah, blah...but no rapes? Arrests? Scandals? Sexual abuse? Miss, you have NO credentials that make you valuable as a network reporter! Wait--what's your bra size?"

Good for media ethics pundit Howard Kurtz for blowing the whistle, however gently, on ABC News’s hiring of Elizabeth Smart as a contributing on-air expert on missing children cases. “Does that strike anyone as odd?” he writes.

Well, it depends what you mean by “odd,” Howard.

If you mean, does it surprise me that a broadcast media outlet, one of the journalistic mutations that hired Eliot Spitzer, fresh off his prostitution disgrace, to headline a current events show on CNN, that puts a giggly fold-out-come-to-life  like Robin Meade in charge of Headline News’ morning, and that, like Fox News, chooses its female newsreaders and guest pundits according to their degree of resemblance to Mamie Van Doren or Raquel Welch, would hire a young, attractive blond woman with no credentials other than her role as the victim of kidnapping, sexual abuse and rape, as a correspondent, why no, I don’t find it odd at all.

If you mean, do I find it odd that a supposedly professional news network would so blatantly abandon professional standards  just to cash in on the Casey Anthony uproar, however, then…wait, no, I don’t find that odd either. Revolting, but not odd. Continue reading →