Law & Law Enforcement

Ethics Dunce: Roman Polanski

/ Jack Marshall / 1 Comment

I know, this is akin to shooting fish in a barrel. Still, Roman Polanski’s self-righteous protest of what he sees as victimization and injustice, recently published in the French magazine La Règle du Jeu, is worth noting if only as a useful case study of how privilege and rationalizations can lead to ethical delusion.

Polanski, proclaiming, “I can now remain silent no longer!”—which I doubt will take its place next to Dreyfus’s “I am innocent!” in the annals of memorable prisoner quotes—makes it clear in his statement that he has no remorse and admits no serious wrongdoing for drugging, raping and sodomizing a 13-year old girl, the 33-year-old crime that began his legal problems. Oh, he accuses authorities of being unfeeling to the now-grown victim, who has repeatedly said she would like to see the entire issue disposed of and forgotten so she can get on with her life, conveniently forgetting that his brutality and subsequent refusal to be accountable to U.S. justice are the sole reasons she is suffering. Continue reading →

“Everybody Draw Muhammad Day” Ethics

/ Jack Marshall / 66 Comments

The “Everybody Draw Muhammad Day” mess is a wonderful example of how ethics train wrecks begin to engulf anyone who get near them. It also an example of an idea that is clever, funny, well-intentioned, and wrong. Continue reading →

“The Good Wife” Ethics Follies

/ Jack Marshall / 12 Comments

“The Good Wife,” CBS’s legal drama starring Julianna Margulies, began as an unusually nuanced show of its type that presented intriguing ethical dilemmas without crossing into David Kelley’s over-the-top Legal Theater of the Absurd. Little by little, however, the show’s willingness to ignore core legal ethics principles is becoming more pronounced. “Boom,” which aired last week, continues a trend that is ominous, considering “The Good Wife” is still in its first season. After all, the lawyers in Kelley’s “The Practice” didn’t start finding severed heads and getting charged with murder until a couple of seasons in.

If you missed “Boom,” or if you didn’t but had misplaced your A.B.A. Model Rules of Professional Conduct, here are the legal ethics howlers committed by the “Good Wife’s” attorneys: Continue reading →

Misrepresentation, Manipulation and Lies About Arizona, E-Mails and More, Brought to Us By Those We Trust

/ Jack Marshall / 3 Comments

Within a span of about three minutes two days ago, I heard Tony Kornheiser on his sports radio show and Joy Behar on her whatever-the-heck-it-is cable show describe the new illegal immigration statute in Arizona in almost exactly the same words: “So the police can go up to anybody for any reason at all, ask them to prove their citizenship, and arrest them if they can’t.” Now, the law specifies “reasonable suspicion,” so whatever the Arizona law permits, Tony and Joy’s version is clearly not it. Nonetheless, this is what a large proportion of the public believes, because this is what they are being told by reporters, bloggers and elected officials…and, disgracefully, the President of the United States, who once pledged to use his gifts and power to unite rather than divide us. Speaking about the Arizona law, Obama said.. Continue reading →

Gizmodo and Gawker: Guilty, Greedy, and Unethical

/ Jack Marshall / 1 Comment

Count Ethics Alarms with those who hope Gawker and its affiliated gadget site Gizmodo get as many books thrown at them as possible if the iPhone theft case gets to court.

As is always the case with Gawker, a completely ethics-free operation that has snickered about its participation in other outrages—such as its “Gawker Stalker” feature allowing people to alert the world to the exact location of any celebrity who is out, you know, trying to live—the sites management is crowing about doing wrong. “Yes, we’re proud practitioners of checkbook journalism,” tweeted Nick Denton, founder of Gawker Media. “Anything for the story!” Anything including fencing stolen goods, it seems. Nicely, the law often has a way of making unethical people wish they were more ethical, and this should be an example of that.

If you have somehow missed the story all the gadget geeks are tweeting about, Gawker released a scoop photo spread on Apple’s yet-to-be-released iPhone after an Apple engineer stupidly, carelessly and unethically left a prototype that he was entrusted with in a bar. It was found by someone who understood its value and who it belonged to, and who also had no more scruples than, well, Gawker. That meant that this California law applied… Continue reading →

The Unethical Ethics Attacks on Arizona

/ Jack Marshall / 15 Comments

The anger, ridicule and threats being heaped on Arizona for its illegal immigration enforcement law defies fairness and rationality, and has been characterized so far by tactics designed to avoid productive debate rather than foster it. Now, with the help and encouragement of professional bullies like Al Sharpton and Jesse Jackson, Arizona is facing an economic boycott, which, like all boycotts, carries the message “we’re going to force you to do what we want, whether we’re right or not.” Meanwhile, all of the over-heated rhetoric diverts the focus to side issues rather than the major problem that prompted the Arizona law in the first place: out of control illegal immigration, and its very obvious—and very serious—negative consequences to the entire nation.

Whether they know it or not, opponents of Arizona’s law are using a common ethics misconception to its advantage. Illegal immigration enforcement is an ethical conflict, which occurs when two or more ethical principles dictate different results, and thus have to be weighed against each other. The attacks on Arizona, however, have framed the argument as an ethics dilemma, defined as a problem in which the ethical course is clear, but powerful non-ethical considerations make rejecting it seem attractive. This allows the opponents of Arizona’s law to inaccurately place themselves in the moral high ground, sniping at Arizona as it supposedly wallows in a pit of greed, meanness, nativism and bigotry….non-ethical considerations all. Much of the media, to their discredit (but the media has so much discredit now that they don’t seem to care any more), is accepting this spin.

The spin, however, is nonsense. Continue reading →

Proof That Republicans Are Led By “The Bad Man”

/ Jack Marshall / 9 Comments

If there is a Republican out there who does not want to hang his or her head in shame after reading this story, 1) I want to know why, and 2) don’t vote for this individual, no matter whom they are running against., or for what.

For this is the mark of the constitutionally unethical, the same warped comprehension of right and wrong that allows Goldman Sachs executives testify before the Senate, under oath, that they see “nothing wrong with” and have “”no regrets” about selling products to clients that they knew were terrible investments. It represents the credo of  Oliver Wendell Holmes’ famous “Bad Man,” whom he described in his speech, “The Path of the Law,” a citizen whose only interest in obeying the law is avoiding penalties, and who can be counted on to lie, cheat and do others harm whenever gaps in the laws permit. And, of course, it typifies the political style of Michael Steele, who, by definition, could never lead an ethical organization, because any organization that will tolerate someone like him must not care about ethics.

Get this: Continue reading →

Goldman Sachs Ethics: An Easy Call

/ Jack Marshall / 5 Comments

Sometimes the biggest ethics stories are the easiest. I haven’t written much about Enron, for example. When a company uses deceptive, shell corporations to hide its liabilities so profit reports look artificially rosy and investors keep buying company stock, it is obviously unethical. Even the ethics-challenged management of Enron could figure that out. The Goldman Sachs scandal, once one clears away the static and spin, is almost as straight-forward.

Are the Democrats seizing upon Goldman Sachs as a scapegoat for the financial meltdown they, like the Republicans, were complicit in as well? Obviously. That doesn’t mean that the firm doesn’t deserve all the abuse that is being heaped on it. Did the S.E.C., supposedly an apolitical and independent agency, time the announcement of its suit against Goldman Sachs to help rally public opinion behind the Obama Administration’s proposed Wall Street reforms? It wouldn’t surprise me. We have seen previous Justice Departments, the C.I.A., the F.B.I. and other supposedly “non-political” entities act blatantly partisan over and over again. The S.E.C. trying to give Obama’s reforms a boost would be one of the least dastardly of these breaches, especially since the public should be informed about the kind of conduct the culture of Wall Street permits. G.O.P. complaints about the timing of the announcement are, to say the least, strange. Would it be better to hide this story from the public? What matters is whether the S.E.C. has a legitimate case. It is clear that it has. It may not turn out to be a winning case, but it is legitimate. [Note: Personally, I think it is  more likely that the S.E.C. announced the law suit to counter the embarrassing revelation that so many of its regulators spent endless hours on the job surfing and downloading pornography off the internet.]

The legal issues will probably be settled in court; the topic now is ethics. After watching the testimony of various Goldman Sachs officials before the Senate, I find it hard to see a credible argument that what the firm did—selling what its own employees referred to as “crappy” investment products to firm clients, and then betting its own funds that those products would end up losers—could be called anything but unethical. Continue reading →

Broken Bats, Barn Doors, and Murder

/ Jack Marshall / 3 Comments

Craig Calcaterra, a former lawyer who now does baseball blogging over at the NBC sports site, has once again called for baseball stadiums to include protective netting along the stands from home plate to first and third base. This time the impetus is a frightening incident in Milwaukee at a Brewers game, in which a broken bat handle went flying into the stands and hit a child. These types of incidents have been happening with greater frequency in recent years, although these is some disagreement about why. Some say it is the more brittle maple bats, others that it is the whip-thin handles of the bats now in vogue, and still others blame the new glut of baseball parks seating fans closer to the field. Continue reading →

Arizona, Illegal Immigration, and Ethics

/ Jack Marshall / 21 Comments

The State of Arizona has passed a controversial law to address the serious social, economic and law-enforcement problems caused by the bi-partisan abdication of the core government responsibility to protect our borders and enforce a fair and rational immigration policy. President Obama calls the law “misguided,” which suggests, in the absence of any current efforts by his administration to deal with the illegal immigration crisis, that he believes that doing nothing at all is “well-guided.” It isn’t. It is irresponsible and unethical.

The governance ethics principle involved here is clear, and it is one that the Obama Administration has been willing to embrace when it considers the objective important enough. For example,  national health care insurance reform will not work unless everyone who can afford to do so buys health insurance. This raises serious issues of Constitutionality and, as two seconds of listening to conservative talk radio will let you know, slippery slope problems. Never before has the State presumed to order individuals what to buy. (You don’t have to buy auto insurance if you’re willing to eschew driving.) It doesn’t take much imagination to think of ways this intrusion into personal liberty could be abused, but the alternative is not to fix the problem, Obama reasons, and that is even more unacceptable, at least if you care about the problem. In leadership and government, fixing the problem is the prime directive, and yes, this means Utilitarianism in its strongest and most potentially dangerous sense. You have to make the system work, and often, more often than we like to admit, that means ethical trade-offs. The government ethics principle is “Fix the problem with a good faith solution, and do everything possible to minimize the bad side effects as they appear.” Continue reading →