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

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

What Today’s Broadcast News Regards As “Credentials”

"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

Thanking Dick Williams…Finally

The late Dick Williams, doing what great leaders do

If you are not a baseball fan, or under the age of thirty, you probably never heard of Hall of Fame manager Dick Williams, who died yesterday at the age of 84. I never met Williams myself, but I have been indebted to him for four decades. I never told him the immense difference he made in my life, just by doing his job.

In the winter of 1967, I was a devoted fan of my home town team, the Boston Red Sox, and had been since 1962.  Over that period I had listened to every single baseball game on my transistor radio when a game wasn’t on TV, which was most of the time, or when I wasn’t at the game, which was almost always the case. I was the only person I knew who followed the team, and for good reason: it was torture. The Red Sox were hopelessly mediocre on the way to awful, and hadn’t had a winning season in more than ten years.

It is a great character builder to follow the fortunes of a terrible baseball team. Almost every day, for six months, you are let down, and yet return to the scene of your despair the next, attempting to muster hope while steeling yourself against likely disappointment. You find yourself finding things to appreciate other than winning: the gallant veteran player who “plays the right way” (Eddie Bressoud, shortstop, 1962-1965); the exciting rookie who gives promise of a better future (Tony Conigliaro, right fielder—rest in peace, Tony); the unique talent who is worth watching for his own sake (Dick Radatz, relief pitcher, 1962-1966). These things help, but following a perennial losing team and caring about them is like being punched in the gut four or five days a week without knowing which day you’re getting it.

Since 1965, I had always reserved seats for the first day of the season and one of the last two home games, just in case those last games would be crucial to a (hahahaha!) Red Sox pennant drive. This was especially pathetic, since the team was getting worse. They had finished in a tie for 9th place in 1966, and as the 1967 season loomed, Vegas had them installed as 100-1 underdogs to win the American League pennant. In truth, the odds should have been longer. Nonetheless, I wrote the Red Sox and got my tickets, this time for the next to last day of the season.

The team was full of rookies and near rookies, and appropriately had hired a minor league manager, Dick Williams, to be the new skipper. Williams was something else, however: he was a gifted leader. One day, in the middle of Spring Training, a Boston scribe asked the new manager what the prospects were for the upcoming season. Would the team escape the cellar? Would there be forward progress? Williams’ answer was instant front page news:

“We’ll win more than we lose.” Continue reading

Perspicacious Ethics: The Media Has A Duty Not To Make Us Dumber

Gore Vidal once said, “As societies grow decadent, the language grows decadent, too.” Certainly the media is accelerating the decadence of society; does it have to intentionally do in the language as well?

On ABC’s This Week, host Christiane Amanpour casually used the word “perspicacious.” Discussing the Constitution,  one of Amanpour’s guests mentioned that Benjamin Franklin wrote that he wouldn’t mind being preserved in a vat of Madeira wine in order to see if the Constitution held up 200 years later. Amanpour responded that Ben was amazingly perspicacious when the Constitution was signed.

Apparently  the word perspicacious stumped the 7th grade drop-outs in the booth, because suddenly a box appeared with the definition and pronunciation of the word under Amanpour. Then, commenting on the incident, the web site Mediaite wrote that Amanpour “might avoid using such fancy language so that viewers in the future don’t mistake her show for a Rosetta Stone class teaching the English language.” Continue reading

The Ethics of “No-Body” Murder Prosecutions.

Oh! THERE's the body!!!

Texas lawyer Robert Guest has opined that a Texas jury would have convicted Casey Anthony in a heartbeat, and cites as proof the February conviction of Charles Stobaugh in Denton County. He was accused of killing his  estranged wife, though no body has ever been found at all.

Maybe.  There are a lot of differences in the circumstances of the two cases, not the least is that finding a badly decomposed body with a piece of electrical tape across her mouth has a big advantage over never finding any body at all: at least you are certain that the victim is dead.  Stobuagh, like Anthony, engaged in a pattern of lies and strange statements; for example, he suggested that his wife, who suddenly vanished and stopped using her bank account, credit cards and cell phone, was “playing a prank.”  He also began seeing a new girl friend more or less the moment his wife vanished. I’d say the biggest difference is the presumption of a motive: husbands killing their wives, especially their estranged wives, is a common and well-recognized form of homicide, with a motive that any married person immediately understands. A mother killing her young child, in contrast, is very unusual, and the presumption is that no mother would do it. The Anthony prosecution was more difficult than the prosecution of Stobuagh, even with Caylee’s body. Continue reading

“Professionalism?” What’s THAT? Julie Chen, CBS and the Descent of Broadcast Journalism

Walter could keep it together. Not Julie Chen.

The Casey Anthony verdict is doing some good: it is exposing the awful deficit in objectivity and professionalism in the broadcast media.

The latest example: while CBS’ “The View” rip-off, “The Talk,” was underway,  viewers saw co-host Julie Chen break down as she tried to read the news that Casey  Anthony had been found not guilty of killing her daughter Caylee. Chen attempted to read the verdict, but was overcome with emotion  and was unable to continue, asking her co-hosts,  “Help me out here.”

In 1937, radio broadcaster Herbert Morrison was correctly criticized for being unable to keep his composure and report the flaming destruction of the zeppelin The Hindenburg without weeping and becoming unintelligible. In 2011, a woman described in her official bio as a “news anchor; reporter; and journalist” couldn’t compose herself to read the news of a not guilty verdict. Continue reading

Ethics Dunce: Mercedes Colwin

It's a mystery: why would Fox News choose her as a legal analyst?

Attorney Mercedes Colwin, an attorney and Fox News commentator, just committed pundit malpractice while discussing the Casey Anthony verdict on Sean Hannity’s radio show. Her professional biography says that she has practiced criminal defense law. If so, she has done so laboring under some serious legal ethics misconceptions.

Said Colwin, in response to Hannity’s query about her past representation of guilty defendants:

“If my client says he did it, then I can’t defend him. I can’t then go into court and say he’s innocent; I’m an officer of the court, Sean!”

What??? Wrong, wrong, outrageously wrong, inexcusably wrong! And also: ARRRRRGHHHHH! Continue reading

Ethics Quote of the Week: “Ethics Bob” Stone

Is Joe Scarborough the new Arthur Godfrey, as in "nice guy" revealed as "unethical creep"?

“It’s always upsetting when one of your heroes turns out to be an unethical creep.”

Ethicist and business ethics professor Bob Stone on his blog “Ethics Bob,” expressing his disappointment in the conduct of MSNBC talk show host Joe Scarborough, who persuaded guest and colleague Mark Halperin to “go for it” when Halperin suggested that his description of President Obama’s press conference was not appropriate for public broadcast, and then did nothing to accept responsibility for the uproar when Halperin referred to Obama as “kind of a dick.” Halperin was suspended indefinitely by MSNBC, following a complaint from the White House.

Bob had expressed hope, in a comment to the Ethics Alarms criticism of Scarborough’s role in the incident, that Scarborough would do the right thing by the next day. He did not. And Bob is correct: this is proof positive that Scarborough is an unethical, cowardly creep.

What should “Morning Joe” have done? Several things: Continue reading

Strauss-Kahn and His Accuser, Victims of The Postman

The accuser of Dominique Strauss-Kahn, the former IMF head who has been devastated by her sensational rape charge, now admits that parts of her original account of the incident and an earlier accusation of rape she made to seek asylum in the U.S. were false.

The Altantic’s Megan McArdle sums up the Ethics Train Wreck thusly:

“There are two possibilities here, neither of them good:

1) A woman with an unsavory past, who has done desperate things to get out of terrible economic conditions, was raped by a prominent figure, and he’s going to get away with it because of her history.
2) A serial cad had consensual sex with a chambermaid, and she attempted to destroy him with a false rape allegation for personal gain. And because of the presumption that women don’t lie about rape, she has succeeded in destroying him . . . though not so much in the personal gain part. To quote Ray Donovan, ‘Where do I go to get my reputation back?'” Continue reading

Remember Gettysburg

Today is July 1, which is being treated across the United States as the gateway to a long weekend and the Fourth of July, and little more. July 1 is also, however, the anniversary of the first day of the Battle of Gettysburg, the most important and most deadly battle of the many important and deadly conflicts in the American Civil War. The two American armies that clashed in the Pennsylvania town sustained more than 50,000 casualties on the Gettysburg battlefield, which may be the saddest and noblest place in America.

If you have not made at least one pilgrimage to the battlefield, you owe it to yourself, and to the memory of the combatants, to go. Continue reading