Law & Law Enforcement

Ethics Trainwreck in Kermit, Texas

/ Jack Marshall / 4 Comments

In the tiny west Texas town of Kermit, just north of Mexico, an ethics train wreck is underway that may have long-term consequences far beyond the Lone Star State.

Anne Mitchell, a nurse with an impeccable record, became disturbed at the conduct of a physician at the Winkler County hospital where she worked. After unsuccessfully attempting to get hospital administrators to deal with what she believed was a matter of patient endangerment, she sent an anonymous complaint to the Texas Medical Board. This was a classic whistle-blower situation, protected by law and encouraged by the ethics code governing nurses. Unless she trumped up her accusations for a personal vendetta, she did exactly what the medical profession says she has an obligation to do, a responsible act of medical system self-policing that all too few nurses are willing to follow. Continue reading →

Outing the Judge

/ Jack Marshall / 12 Comments

“Judge Being Gay a Nonissue During Prop. 8 Trial” says the San Francisco Chronicle headline…outing the judge in the Proposition 8 trial as gay.

If it the judge’s sexual orientation is a non-issue, why does the paper believe it is ethical to reveal it? Continue reading →

Ethics Quote of the Week

/ Jack Marshall / 3 Comments

“Based on what we’ve seen so far, this shouldn’t have happened. Even when we’re asked to make an arrest, common sense should prevail, and discretion used in deciding whether an arrest or handcuffs are really necessary.”—-New York Police spokesman Paul Browne, admitting that it was a mistake it was a mistake to arrest a 12-year-old junior high school student and taking her out of school in handcuffs for doodling her name on her desk in erasable marker. Alexa Gonzalez was scribbling on her desk Monday while waiting for her teacher to pass out homework, and the teacher summoned the police to report a 657…a doodle in progress.  The Men in Blue led Alexa out of school in cuffs  to a police station across the street, where she was detained for several hours. Continue reading →

More Outrageous Elementary School Abuse

/ Jack Marshall / 6 Comments

An elementary school secretary, Jennifer Carter, has pleaded guilty to a misdemeanor child abuse charge stemming from an October incident in which she bound an unruly 6-year-old child’s hands and covered the child’s mouth with masking tape.

The student’s mother has filed a  $500,000 lawsuit against the Denver Public Schools.

My thoughts on this have been adequately expressed in previous posts here, and here.

I will only add this: before the internet, such local incidents of child abuse by teachers and administrators seldom received national exposure. Now they do, and because they do, there is real cause for alarm. Too many individuals of wretched judgment and cruel instincts, who make Miss Hannigan look like Mr. Chips by comparison, are being hired by our school systems, and too many children are being terrorized as a result, It is time to stop canonizing teachers and instead to look more critically at the serious deficiencies in hiring, training, and oversight. Thanks to the fact that student abuse is now hard to hide, parents should be on notice. There is a real problem with discipline in our school, and but this time it isn’t the kids.

Something’s Wrong Here…

/ Jack Marshall / 1 Comment

A Justice Department job announcement seeks up to ten attorneys for the Civil Rights Division to serve as Trial Attorneys in the Voting Section. It also says…

The Civil Rights Division encourages qualified applicants with targeted disabilities to apply. Targeted disabilities are deafness, blindness, missing extremities, partial or complete paralysis, convulsive disorder, mental retardation, mental illness, severe distortion of limbs and/or spine. Applicants who meet the qualification requirements and are able to perform the essential functions of the position with or without reasonable accommodation are encouraged to identify targeted disabilities in response to the questions in the Avue application system seeking that information.

Yes, it’s true: your government is looking for mentally retarded and mentally ill trial lawyers to work in the Justice Department. Continue reading →

Ethics Dunces: The Staff of Milford, Ohio Elementary School

/ Jack Marshall / 7 Comments

A sixth grade boy informed his mother that his teacher and an aide at the Milford Elementary School had forced him to him to stand before his sixth-grade classroom as they put his shoulder-length hair in  ponytails, and then introduced him to his classmates as a new female student. Then the aide took him to other classrooms and did the same thing.

The mother has filed a federal lawsuit in the U.S. District Court in Cincinnati, seeking  damages for the alleged violation of her son’s constitutional rights and intentional infliction of emotional distress. Continue reading →

More Tebow Ad Ethics: Allred’s Complaint

/ Jack Marshall / 5 Comments

The much-anticipated Super Bowl ad telling the story of how quarterback Tim Tebow was born because his mother rejected a doctor’s advice to have him aborted for medical reasons is spinning off ethical issues at a dizzying rate.

Some are easily settled, as Ethics Alarms has already noted. There is nothing wrong with a Super Bowl ad raising substantive issues in the middle of beer commercials and tackles, as some have (incredibly) argued. There is nothing unethical about CBS changing its policy regarding issue-oriented commercials.  The fact that the network rejected such ads in the past does not make it hypocritical now. CBS, having ended a blanket prohibition, must now be fair and reasonable in deciding which issue ads to accept. Let’s see how it goes before we cry foul.

And there is nothing “anti-choice” about a woman’s story of how she chose not to abort her son, and is glad she did. It is not even an anti-abortion ad, unless the pro-abortion movement literally believes that it is wrong not to have an abortion. She had a choice, and she made it. The message of the ad does encourage thought about the consequences of having the procedure, which is unequivocally good.

Now, however, Hollywood lawyer and woman’s rights advocate Gloria Allred has suggested that Tebow and his mother are spinning a tale that is inspiring, powerful, and full of baloney, and she has sent CBS a letter of protest. Continue reading →

Dr. Tiller’s Executioner: Martyr, Monster or Ethical Murderer?

/ Jack Marshall / 4 Comments

Scott Roeder was guilty of first degree murder by any legal definition. He decided that Dr. George R. Tiller had to die. He bought a gun and practiced shooting it. He studied his target, learned his habits, knew where he lived and where he went to church. It was inside that church where he finally killed Dr. Tiller after a full year of planning, shooting him in the forehead last May 31. He admitted all of this to the jury, and said he was not sorry. Short of jury nullification, a “not guilty” verdict was impossible, and there was no nullification. Roeder broke the law and was found guilty. He will probably be sentenced to life imprisonment.

I have no objections to this result. Society cannot have citizens performing executions or carrying out their own brand of vigilante justice. Scott Roeder, however, while not denying that he performed an illegal act, maintains that his act was an ethical one.

He has a point. Continue reading →

The Rutgers Sorority Hazing

/ Jack Marshall / 2 Comments

Here are three brief ethics observations on a horrible story that mostly speaks for itself.

Police arrested members of a Rutgers sorority after a pledge reported being beaten by paddles over a period of seven days, causing her blood clods, welts, bruises and excruciating pain. The young woman said that the six members of  the Rutgers chapter of Sigma Gamma Rho told her that the beatings were not hazing, which is banned on the Rutgers campus, but rather an experience that would “humble” her, and build love and trust between her and her sorority sisters. Police say that there were at least six other women who were similarly “humbled.” Continue reading →

Ethics Trumps Morality: Ending “Don’t Ask, Don’t Tell”

/ Jack Marshall / 2 Comments

Almost lost in the din of President Obama’s defiant State of the Union address was his promise to finally end “Don’t ask, don’t tell” as military policy. There is no ethical argument against this long overdue move. It has always been a policy based on the political expediency of politicians afraid to do the right thing.

“Don’t ask, don’t tell” is unethical. The law treats gay Americans in a biased and discriminatory manner, reinforcing negative stereotypes and the irrational fears. It also hurts the military and the nation by robbing it of able soldiers and military personnel. Continue reading →