Law & Law Enforcement

Ethics Dunces: Joe Klein and Chris Matthews

/ Jack Marshall / 5 Comments

John Edwards agrees with Chris Matthews

Journalist Joe Klein has been a candidate for an Ethics Dunce award for a long time, because he has been ethically suspect or worse for a long time. His defining integrity moment came when he lied about his authorship of the Bill Clinton roman-a-clef, “Primary Colors.” Since that time, Klein has gradually evolved into a shamelessly biased and ethically muddled political commentator from the left. Too bad. He’s a perceptive guy and a wonderful writer, but he makes his living now shooting from the hip, so we seldom get the benefit of his best qualities.

It was inevitable that the Chris Matthews Show would allow Klein’s ethical blindness to reach full flower.  Matthews has been on his own journey of self-diminishment since MSNBC decided to become the anti-Fox; where once he could be counted on to treat the issues of the day fairly and avoid partisan cheerleading, the Obama years have seen him abandon any effort at objectivity or even-handedness. Matthews’ Sunday morning panel show now eschews ideological balance and has Matthews posing questions to a rotating group of reliable conservative-bashers, with an occasional straight journalist mixed in who at least pretends to be neutral.  On Sunday, Matthews asked his panel about the appropriateness of the Justice Department’s prosecution of uber-cad John Edwards for violations of the federal election laws. It’s not a bad question, and reasonable people can disagree about the answer. The charges against Edwards stem from solicitation of large cash gifts from two long-time friends and supporters while he was simultaneously running for president and trying to cover up the existence of his love-child with Rielle Hunter and the adulterous affair that spawned her.  The money was given directly to Hunter, raising a legal question as to whether it was really a campaign contribution at all. Continue reading →

Ethics and the Case of the “Large-Breasted Woman”

/ Jack Marshall / 14 Comments

 

Now SHE'S what you call a distraction...

Illinois attorney Thomas W. Gooch III became the object of great hilarity in legal circles this week when he reacted to what he felt was an unethical courtroom tactic by his opposing counsel in a lawsuit by filing this motion in limine:

 Defendant’s counsel is anecdotally familiar with the tactics and theatrics of Plaintiff’s counsel . . . . Such behavior includes having a large breasted woman sit next to him at counsel’s table during the course of the trial. There is no evidence whatsoever that this woman has any legal training whatsoever, and the sole purpose of her presence at Plaintiff’s Counsel’s table is to draw the attention of the jury away from the relevant proceedings before this court, obviously prejudicing the Defendant’s in this or any other cause. Until it is shown that this woman has any sort of legal background, she should be required to sit in the gallery with the rest of the spectators and be barred from sitting at counsel’s table during the course of this trial.

Not surprisingly, the motion failed, and predictably, Gooch has become the latest villain in the gender wars, reducing a competent legal professional (according to attorney Dmitry Feofanov’s answer to the complaint) to the size of her bra cup and denigrating women generally. Continue reading →

Murder House Ethics and the Validity of Feelings

/ Jack Marshall / 16 Comments

We last visited the issue of the ethical selling of murder houses in February, when  the Jon Benet Ramsey house went on sale. I opined that even though Colorado doesn’t have a legal requirement that a seller must reveal the history of the house as long as it has no structural implications, there is an ethical obligation to let prospective buyers know about house-related events that might cause them to reconsider their decision to buy it:

“The truth is still this: there is something about the $2,300,000 house that makes it undesirable to a lot of prospects, and that means that even if the law doesn’t require the seller to tell interested house-hunters the story of the little dead girl in the basement, fairness and the Golden Rule do.”

The debate over this issue was unexpectedly intense. Ethics Alarms’ resident rational humanist “tgt” objected strenuously, writing,

“I don’t see how you can avoid the slippery slope question. Your basis is 50% of the population having a desire. Is that the cutoff? I think over 50% of people would prefer to live in a house where there hasn’t been child abuse. Go back a few years, and I bet a significant portion of the population would prefer to live in a house that had never had black occupants. Back in today’s world, more than 50% of the population doesn’t want to live in a haunted house. If a previous tenant thought the house was haunted, does the complete nonexistence of ghosts make not mentioning this a material representation? If an event is uncommon, does a realtor need to take a poll before deciding what is material and what isn’t?”

Karl Penny, however, bolstered my position:

“…the question is, does the realtor have an ethical obligation to fully reveal the history of this house. Well, the funny thing about behaving ethically is, it often requires us to act in ways that are not in our own immediate best interest… this may give a potential buyer a leverage point to negotiate a lower price for the house, to the detriment of the realtor, who could end up taking a lower commission as a result. No surprise, then, that the realtor would love to find a reason not to opt for full disclosure. But, if that realtor successfully conceals the house’s history from an actual buyer, one who would not have bought had they known otherwise? The realtor had a simple, human duty to disclose, even if it cost him money (and, yes, even if it cost me money, were I the realtor)….Jack’s right: this is Golden Rule time. If I am willing to treat with someone else in a way that I would not want anyone to treat with me, is that logically consistent (much less ethically consistent)? And would any of us want to live in the resulting society should everyone behave in that fashion?”

Now another house with a Hitchcock-worthy past is on the market: 9337 Columbia Boulevard in Silver Spring, Maryland, a state that also doesn’t require its realtors to disclose when a house has been the scene of a murder…or, in this case, three murders in the last decade. Continue reading →

No Excuses and No Mercy For Lance Armstrong

/ Jack Marshall / 9 Comments

Sorry, Lance…good guys don’t cheat.

Back when Barry Bonds was still playing baseball, a sportswriter mused about why it was that everyone assumed  Bonds was a performance-enhancing drug cheater despite his protestations to the contrary, while most Americans and sports journalists brushed away similar allegations regarding Lance Armstrong. Both competed in sports with acknowledged steroid abuse problems; indeed, the problem in bicycle racing was presumed to be more pervasive than in baseball. (A few years later, with the banning of multiple Tour winners, the presumption became a certainty.) Both athletes had improbable late career improvements in their performance to reach previously unimaginable dominance in their respective sports. Both had to explain or deflect multiple credible accusations of cheating and circumstantial evidence that suggested that they were doping. Both claimed they had never failed drug tests, and there were good reasons to doubt the denials.

So why was Bonds a villain by consensus and Lance an untouchable hero? The sportswriter explored many theories (Apologies: I cannot locate the article. If someone can, please send it), among them the greater popularity of baseball over cycling, Bond’s startling physical transformation into a behemoth while Armstrong remained cyclist-sinewy,  Armstrong’s inspiring story as a cancer survivor, Armstrong’s philanthropic work,and the fact that Bonds, unlike Armstrong, was black. The biggest difference, however, and to the writer the key one, was that Armstrong acted the role of a hero, while Bonds refused to. Armstrong was friendly and accommodating, while Bonds was angry, intimidating and antagonistic. Armstrong seemed like someone who played by the rules, and who lived his ethical values. Bonds seemed like a rebel, one who wouldn’t hesitate to break the rules for his own benefit. In short, the public wanted Armstrong to be the hero he seemed to be, so they ignored the evidence linking him to performance-enhancing drugs.

After last Sunday, the disparate public perception of Bonds and Armstrong, always illogical, became unsustainable. Continue reading →

Unethical Website of the Month: Cromwell and Goodwin

/ Jack Marshall / 13 Comments

These lawyers do not exist.

Cromwell and Goodwin’s new website is a mystery. Nobody knows why it exists, or who created it. It appears to be the website of a law firm, if a somewhat language-challenged one. The problem: the law firm doesn’t exist. Its history is imaginary. Its partners do not exist. Its headquarters in New York at 221 E 18th St # 1 New York, NY 10003-3620 are vacant.

The firm, or whatever it is, claims to be 30 years old but only got around to launching  a website on March 19 of this year. A press release on a free publicity distribution service called PRLog.org about Cromwell & Goodwin’s involvement in an upcoming conference  regarding telecommunications consolidation projects in emerging markets also surfaced, for no discernible reason. The release referred to Joachim Fleury, a London-based Clifford Chance  partner, as “Global Head of Cromwell & Goodwin.”  Yet neither Clifford Chance, one of the largest law firms in the world, nor Fleury, who is real, knew anything about Cromwell & Goodwin when they were queried by reporters. Continue reading →

Unethical Quote of the Month: Tim Gannon

/ Jack Marshall / 4 Comments

The choice came down to Greg Anderson or Jack the Ripper...

“Some parents have a problem with him being a coach, but it’s not like he was caught stealing or did some bad things with children.”

— Tim Gannon, a real estate broker and father, explaining why he has no problems with Barry Bonds’ steroid-pushing trainer, Greg Anderson, serving as an assistant coach for his son’s Capitol Electric team in the Burlingame Youth Baseball Association, according to an article in Sunday’s New York Times.

It’s seldom that one sees in print a more perfect example of my least favorite rationalization for unethical conduct, “It’s not the worst thing.” This popular and despicable rationalization seeks to excuse bad conduct by comparing it to worse conduct, an intellectually dishonest device that can be used to try to minimize the seriousness of literally any behavior, no matter how heinous. (“Sure, Jack the Ripper did some bad things, but he was no Hitler!” ) It is the ethics embodiment of the dishonest rhetorical technique of the false choice. Continue reading →

Ethics Heroes: The U.S. Supreme Court

/ Jack Marshall / 1 Comment

To be more accurate, the heroic component in this instance is the liberal wing of SCOTUS ( Justices Sotomayor, Kagan, Ginsberg, and Breyer) plus the swing vote, Justice Kennedy, who wrote the majority opinion in Brown v. Plata.  The decision upheld a court order requiring California to release a staggering 46, 000 inmates of its prisons, more than a fourth of the those sentenced there. The majority concurred with the lower court’s assessment that California prisons were so obscenely over-crowed that conditions amount to a human rights violation and a breach of the constitutional prohibition on “cruel and unusual punishment.”

Some Supreme Court decisions come down to ethics as much as law, and this was certainly one of those times. At issue from a legal standpoint was  whether federal judges had the power to order the release of state prisoners as a necessary means of curing a constitutional violation. But the brilliant legal minds on the conservative side of the Court’s divide had no problem answering that question in the negative, and persuasively too.  The dilemma is that California’s least sympathetic citizens, its residents of the state’s penal institutions, are being kept in conditions that violate their constitutional rights, and despite many years of knowing about the problem, the state hasn’t found a way to rectify it. Continue reading →

Sending Teenagers To Prison Forever

/ Jack Marshall / 9 Comments

He's only 14. Could he really be irredeemable?

The Wisconsin Supreme Court has upheld a life sentence for a man who helped throw a boy off a parking ramp when the prisoner was only 14 years old. At issue was whether sentencing someone to life imprisonment without parole for a crime committed at such a young age was prohibited by either the U.S. or the Wisconsin Constitution. The Court ruled not, finding that no national consensus has formed against such sentences.

I can accept that this is the proper legal standard, and that the decision may be correct regarding the law. It is also ethically wrong.

All such problems involve line-drawing and its well-known slippery slopes: if a 19-year old can be sentenced to jail forever, how different is an 18-year-old? 17? 16? Before you know it, we are sentencing 6-year-olds to life imprisonment. We do not have to fall into that trap, however, to declare that it is unethical, though legal, to sentence a 14-year-old boy to an endless jail term. Why? The sentence lacks compassion, mercy, proportion and common sense.

Certainly the crime was a horrible one. Omer Ninham was convicted of first-degree intentional homicide for his role in the death of 13-year-old Zong Vang  in 1998. Ninham and four others between the ages of 13 and 14 accosted the boy  as he was riding his bike home from the grocery store. Ninham and another member of the group teased Vang, punched him, and when Vang ran into a nearby hospital parking ramp, assaulted him on the top floor. Ninham and a friend seized Vang by the wrists and ankles, and as Vang screamed for help, threw him over the edge. He fell five stories, and hit the ground “like a wet bag of cement hitting the pavement,” as a witness put it. Two years later, when Ninham was 16, a judge sentenced him to life without parole. Continue reading →

More on “The Atheist, the Graduation, and the Prayer”

/ Jack Marshall / 18 Comments

Damon Fowler, School Adminstrator-In-Training?

Either by design, bias, or because I was not sufficiently clear (always a distinct possibility), a lot of readers seem to have misunderstood the central principle in my post about Damon Fowler, the Louisiana high school senior who singled-handedly bluffed his school out of including a prayer in his graduation ceremonies. Let me clarify.

The post is only incidentally about atheism vs. religion. The ethical issue arose in that context, but it just as easily could have been raised in other circumstances. The ethical values involved here were prudence, tolerance, self-restraint, proportionality, consideration, generosity, and empathy. Fowler’s actions assumed that preventing what he believed was a violation of the Constitution’s prohibition on the government favoring one religious belief over another justified ignoring all of these. They don’t, and the same conclusion applies whether we are discussing a technical legal violation, a breaching of organizational rules, or personal misconduct.

Anyone who reads Ethics Alarms knows that I believe that the culture only becomes and stays ethical if all its participants accept the responsibility of flagging and, when necessary, condemning and stopping harmful societal conduct, as well as unethical personal conduct that will be toxic to society if it becomes the norm. Nevertheless, society becomes oppressive and intolerable if every single misstep, offense, violation, possible violation, arguable violation or mistaken judgment is cause for confrontation, conflict and policing, without regard for context and consequences. Indeed, much of the challenge in ethical analysis involves deciding what kind of misconduct matters, even once the question of whether something is misconduct has been settled. Continue reading →

The Atheist, the Graduation, and the Prayer

/ Jack Marshall / 65 Comments

Is an atheist high school student who single-handedly blocks his school from having a prayer at graduation a hero or a jerk?

Well, neither. He’s a high school student. But he’s growing up to be a jerk. Perhaps even… a fick!

Pray for him….no, wait. Scratch that.

Here’s the story in Damon Fowler’s own words:

 “My graduation from high school is this Friday. I live in the Bible Belt of the United States. The school was going to perform a prayer at graduation, but due to me sending the superintendent an email stating it was against Louisiana state law and that I would be forced to contact the ACLU if they ignored me, they ceased it. The school backed down, but that’s when the shitstorm rolled in. Everyone is trying to get it back in the ceremony now. I’m not worried about it, but everyone hates me… kind of worried about attending graduation now. It’s attracted more hostility than I thought.

  “My reasoning behind it is that it’s emotionally stressing on anyone who isn’t Christian. No one else wanted to stand up for their constitutional right of having freedom of and FROM religion. I was also hoping to encourage other atheists to come out and be heard. I’m one of maybe three atheists in this town that I currently know of. One of the others is afraid to come out of the (atheist) closet. Continue reading →