Law & Law Enforcement

Googling Potential Jurors in Court: Not Unethical, Just New

/ Jack Marshall / 1 Comment

I sometimes facetiously tell legal ethics classes that the average judge is ten years behind the average lawyer in technological acumen, who is five years behind the average 13-year-old. The law and legal ethics consensus is always playing catch-up with technological developments, and every time technology is put to a new or unexpected use in a trial, some judge may react to it like a Cro-Magnon encountering his first flame.

This happened recently in the case of Carino v. Muenzen (N.J. Super. Ct. App. Div.) During jury selection, plaintiff’s counsel began using his laptop computer to go to the Web and seek  information on prospective jurors. Defense counsel objected,  and the following exchange took place: Continue reading →

Are Restaurants That Hire Illegal Immigrants Ethical?

/ Jack Marshall / 5 Comments

No.

Next question.

Okay, let’s not be hasty. The New York Times Diner’s Journal asks the question, invoking the images of the 2004 film “A Day Without a Mexican,” in which all of California’s Mexicans suddenly disappear and the state is thrust into a world with far fewer gardeners, nannies, fruit-pickers, maids, cooks, and dishwashers. The film is the high-water mark of the essentially unethical rationalization for illegal immigration that is one of the main culprits for America’s unconscionable tolerance of it—that without illegals, the economy and quality of life of Americans would break down.

That the argument makes any sense at all is really a strong reason to stop illegal immigration, because it shows what happens when illegal and unethical practices becomes so entrenched that they warp the institutions, systems and cultural norms they affect, and corrupt the citizens who take advantage of them.  Continue reading →

Sheyla Hershey’s Mega-Breasts and the Ethics of Assisted Self-Destruction

/ Jack Marshall / 4 Comments

The current bicycle ordeal commenced by the Vogel family was sold to the family’s twin boys as a chance to get into the Guinness Book of Records. That publications has been used to justify more self-destructive conduct than the complete works of Ernest Hemingway, and here’s another example: Sheyla Hershey, owner of the world’s largest breast implants (size M, supposedly) according to Guinness, just had to have them removed because of serious infections. They were also “uncomfortable,” she has told reporters.

Gee, who could have seen that coming? Continue reading →

Mark Levin’s Irresponsible Substitute Host Ethics

/ Jack Marshall / 3 Comments

What ever one may think about Mark Levin, the pugnacious conservative talk show host, ignorant he is not. Levin has had a distinguished career in government and law, and is a constitutional scholar. When he isn’t railing against the Obama Administration’s efforts to impose what Levin regards as “tyranny” and “totalitarianism,” he is lecturing his audience about how too much of the public and most Democrats are willfully uninformed about our nation and how the American system works.

Levin puts great stock in knowing and understanding American history, yet he willingly allowed Texas talk show host Michael Berry to fill in for him this month, proving that despite Levin’s rhetoric, he prefers ideological fervor over competence, truth and accuracy. Continue reading →

Vanity Size Ethics

/ Jack Marshall / 6 Comments

Esquire has revealed the result of its investigation, and it is this: many manufacturers of men’s pants routinely mislabel their products’ waist measurements, representing waist sizes as less, and sometimes considerably less, than they really are. Old Navy, by far the most outrageous of the size-liars, sells pairs of trousers with a 41 inch waist band as a 36. Other companies, like Hagar and The Gap, play the same game, though not as egregiously.

The practice is intentional, apparently, and even has a name in the industry—“vanity sizing.” The theory is that pants with smaller waist measurements make men feel better about their pot-bellied bodies, and thus have a competitive advantage over truthfully labeled pants. All other things being equal, a man is more likely to buy a comfortable pair of jeans that have a 36″ label on the waist than ones with a 38″ label. Continue reading →

It’s Not Unethical…It Just Seems That Way

/ Jack Marshall / Leave a comment

Rodney King is marrying one of the jurors who awarded him $3.8 million in his civil suit against Los Angeles.

If your ethics alarm is ringing, turn it off. This would be a conflict of interest if his bride-to-be were TV’s Allison DuBois, who can see the future, or if the betrothed had a top-of-the-line crystal ball. But she doesn’t—-or, at least, we don’t know that she does—so as much as this feels like self-enrichment, it’s not. This is the Ick Factor. It feels wrong, but it is perfectly ethical.

Rev. Jones and the “Everybody Draw Muhammad Day” Supporters: Explain the Difference, Please

/ Jack Marshall / 26 Comments

Now that a mad Florida Pastor, Terry Jones, has taken the twisted logic of that addled demonstration to the next step, planing a Koran-burning to show “we will no longer be controlled and dominated by their fears and threats,” I’d like to hear how those who set out to stick a finger in the eye of Islam by drawing its prophet can justify condemning Jones, when he plans to stick in his whole thumb. Continue reading →

Child Exploitation or Great Adventure: What We Need To Know About “The Biking Vogels”

/ Jack Marshall / 94 Comments

America was just introduced to the biking Vogel family, as they embark on a charm offensive seemingly with a potential reality show in their sights. They appeared on ABC’s “Good Morning America” on Labor Day, and expect to get a boost in publicity thanks to a typical softball interview by a beaming stand-in for George Stephanopoulos. (Video taken and selected by the Vogels themselves accompanied the interview, further allowing them to present their trip in the most favorable light.) It would be have been both responsible and right, however, if the Vogels had been asked more pointed questions, probing the serious issue of whether John and Nancy Vogel may be exploiting and even abusing their children in pursuit of fame, fortune, and  an “Easy Rider” life-style that being parents of young children ought to preclude. Continue reading →

Ethics Quote of the Month: Rep. Eddie Bernice Johnson

/ Jack Marshall / 1 Comment

“I did not have an ethical alarm go off.”

—Dallas Congresswoman Eddie Bernice Johnson, explaining (but not really) how she managed to give  23 of the Congressional Black Caucus Foundation scholarships Johnson has awarded since 2005 to two grandsons from Austin, two great-nephews from Plano, and two children of her top aide, despite explicit rules prohibiting nepotism, and requiring the scholarship to go to needy recipients in her own district, which none of these recipients were.

But thanks for the plug, Congresswoman! (It is “ethics alarm,” however, not “ethical alarm.”) Continue reading →

Ignorant Juror, Malfunctioning Jury, Dysfunctional Justice

/ Jack Marshall / 4 Comments

It was bound to happen, which is not to say that there is any excuse for it.  A juror during on a day off from trial, told the world via Facebook that she had already decided the defendant was guilty, writing that it was “gonna be fun to tell the defendant they’re guilty.” This statement, in addition to showing a disturbing lack of compassion and empathy, not to mention meanness, also was a violation of her duties as a juror. The trial wasn’t even finished, the jury hadn’t deliberated, and yet Hadley Jons, 20, had already decided on her vote and was bragging about it. Continue reading →