The Training Myth and Connick v. Johnson

The U.S. Supreme Court is deliberating on the issue of whether a District Attorney’s office can be held liable when individual prosecutors commit serious misconduct, on the grounds that the government breached its duty to train its prosecutors and ensure their competence. The case is Connick v. Thompson, and it began when it was discovered that a New Orleans man had been sent to Death Row for 18 years for a crime he hadn’t committed. John Thompson was innocent, and a lab report proving that the blood found at the crime scene belonged to someone else would have proven it. Prosecutors withheld the evidence from the defense attorneys.

When Thompson was freed he was understandably angry, but the options for redress when the criminal justice system ruins your life are severely and unjustly limited. In 1976, the Supreme Court decided in Imbler v. Pachtman that prosecutors have absolute immunity from lawsuits, even when there is genuine, malicious and illegal conduct. The Court acknowledged that its ruling “does leave the genuinely wronged defendant without civil redress against a prosecutor whose malicious or dishonest action deprives him of liberty,” but declared the alternative was worse: making prosecutors timid and fearful of making a mistake that could leave them penniless. The Court suggested that professional discipline would be enough to keep prosecutors honest, but that hasn’t been the case: a USA Today study found that even in egregious cases of prosecutorial misconduct, attorneys who put innocent people in jail almost never had to endure any punishment at all. Thompson sued the District Attorney’s Office on a theory of negligent training, and won 14 million dollars from a sympathetic jury. Now the Supreme Court is deciding whether such suit can stand in light of the ruling in Pachtman.

It should, but the theory behind the lawsuit is a myth, and I suspect that everyone knows it. Continue reading →

Unavoidable Bias in the Embryonic Stem Cell Research Controversy

In the embryonic stem cell research ethics debate, I come out on the “pro” side. Nonetheless, a New York Times article this morning shows clearly how thoroughly and unavoidably biased scientists and researchers in the field are, leading to the conclusion that the decision whether stem cell research is ethical or not, and whether, or to what extent, it should be permitted, cannot be left to them.

The article, by Amy Harmon, begins,

“Rushing to work at Cincinnati Children’s Hospital Medical Center one recent morning, Jason Spence, 33, grabbed a moment during breakfast to type “stem cells” into Google and click for the last 24 hours of news. It is a routine he has performed daily in the six weeks since a Federal District Court ruling put the future of his research in jeopardy. “It’s always at the front of my brain when I wake up,” said Dr. Spence, who has spent four years training to turn stem cells derived from human embryos into pancreatic tissue in the hope of helping diabetes patients. “You have this career plan to do all of this research, and the thought that they could just shut it off is pretty nerve-racking.” Continue reading →

Keith Olbermann’s Alan Grayson Imitation

As bad as it is for an elected official like Rep. Alan Grayson to say publicly that “Republicans want you to die,” at least his status as a politician (and Grayson’s record as a politician lacking rudimentary respect, fairness, and honesty) alerts most listeners that his statements cannot to be trusted. Such statements are more harmful and less tolerable when they come from media commentators, however, even shameless partisan blow-hards like Keith Olbermann.

Olbermann began his coverage of the fire department in Tennessee that allowed a man’s home to burn down by calling it “a preview of an America as envisioned by the Tea Party…just a preview of what would come in a kind of a la carte government.” Continue reading →

Fire Fighting in Obion County, Unethical Community of the Year

In Obion County, Tennessee, a man’s home burned to the ground as the local fire department refused to do anything about it. The homeowner, Gene Cranick, had refused to pay a County fee for fire control services from the neighboring city of South Fulton. It was understood that only homeowners paying the fee would be provided assistance by the fire department, but Cranick, the sly fox, decided to test the system. Not only did he start burning rubbish in his back yard, he let the fire spread to his home. Then, in a panic, he dialed 911 and offered to pay whatever it would take for the South Fulton firefighters to put out the flames…but was told it was too late.  They wouldn’t do anything to stop his house from burning down. They did arrive to help put out the fire when it spread to Cranick’s neighbor’s home, but then he had paid the $75. Continue reading →

The Replay and Integrity: Baseball at an Ethics Crossroads

On the final day of baseball’s regular season, the San Francisco Giants were playing the San Diego Padres in a contest with post-season implications for both teams. Had the Padres won , it would have forced two one-game playoffs, with the loser of a Giants-Padres showdown today facing the Braves on Tuesday to determine the National League Wild Card team. In the bottom of the first, the Giants’ Andres Torres smashed a Mat Latos  pitch down the left-field line. The ball clearly landed right on the chalk-marked foul line, kicking up a cloud of white dust as undeniable proof that the ball was fair,and the batter destined for second base or beyond. Third-base ump Mike Everitt called it foul, however. Broadcasters, the Giants managers, everyone protested and pointed, but to no avail.

The Giant’s won anyway, so it only mattered to Torres’s batting average. But a time-bomb is ticking. Baseball, which was embarrassed last season into adopting video replay for home run calls, allows no videotape mandated reversals on other blown umpire calls. As the game heads into its period of highest visibility, when casual baseball fans start paying attention to the best teams playing for the title, the likelihood of an obviously wrong call by an umpire leading to an undeserved win in a crucial game is unacceptably high. Why does baseball’s leadership resist a solution? Continue reading →

Sunday Morning Revelations: Kurtz, Feldstein, Anderson, and Why We Can’t Trust the News Media

Media critic Howard Kurtz interviewed reporter/author Mark Feldstein this morning on CNN’s “Reliable Sources, who is promoting his book, Poisoning the Press, an insider’s account of how famed Washington, D.C. muckraker Jack Anderson bent, broke, or entirely ignored basic principles of ethics and decency in his quest to fill his column with damaging information about President Richard Nixon and his allies.

There were two moments in the interview that stand as persuasive evidence against anyone who maintains, against mountains of evidence to the contrary, that American journalism is fair, responsible, unbiased and ethical.

One was at the start of the interview, when Kurtz characterized Feldstein’s book as showing that Anderson was as willing to cut ethical corners as Nixon was. “Well, Nixon’s were felonies, and Anderson’s were misdemeanors,” Feldstein corrected him. “Nixon’s felonies killed thousands of people.”

What? Exactly what “felonies” was Feldstein referring to? Continue reading →

Rahm Emanuel, History and Hyperbole Ethics

There are times when obvious exaggeration is nothing worse than politeness, nothing more than an expression of admiration and affection. “You’re the best boss anyone ever had,” is in this category, especially when the boss is retiring or dying. But when one is speaking in public about controversial and historical matters involving well-known public figures, the margin between excusable hyperbole and unethical dishonesty or worse is much smaller. Al Gore learned this when he played loyal Vice-President on the day his President was impeached by vote of the House of Representatives. Gore’s statement that Bill Clinton was “a man I believe will be regarded in the history books as one of our greatest Presidents” was intended as supportive, but interpreted as a toadying endorsement of Clinton’s unsavory and dishonest conduct, impeachable or not. It probably cost Gore the Presidency.

Worse yet was Trent Lott’s clumsy effort to praise the ancient, infirm and mentally failing Sen. Strom Thurmond at his 100th birthday party. Lott said, “I want to say this about my state: When Strom Thurmond ran for president we voted for him. We’re proud of it. And if the rest of the country had followed our lead, we wouldn’t have all these problems over all these years, either.” Thurmond, running on the Dixiecrat ticket, had opposed segregation, and Lott’s comment, less fact than flattery, made him sound like he longed for the days of Jim Crow and “white only”rest rooms. The lessons of these hyperbolic gaffes are similar: if the well-intentioned compliment concerns a public figure in historical context, historical exaggerations either appear to be unjust to history or its important figures, seem to make inappropriate value judgments, or come off as a blatant effort to mislead the public.

Rahm Emanuel hit the Trifecta with his fawning farewell to President Obama, as he left the White House to run for Mayor of Chicago. Obama, he said, is “the toughest leader any country could ask for, in the toughest times any president has ever faced.”

Wow. Continue reading →

CNN’s Rick Sanchez Firing Statement: Fair or a Missed Opportunity?

CNN promptly fired “Rick’s List” host Rick Sanchez after a bizarre satellite radio rant in which he accused “The Daily Show” host John Stewart of being a “bigot” (presumably because he often picks on Sanchez, who is a Cuban-American) and insinuated that both Stewart and bigwigs at CNN were not inclined to give Sanchez a fair shake because they are Jews.Of course he had to go.

The question is, how should the network have handled the firing? It opted for traditional: a straightforward statement that Sanchez wasn’t a CNN employee any more, and a gracious note of thanks and good wishes:

“Rick Sanchez is no longer with the company. We thank Rick for his years of service and we wish him well.“

Blogger Sam Rubin, however, feels that CNN “blew it.” Here is the statement Rubin feels CNN should have made, taking a stand and being aggressively critical while showing Sanchez the door: Continue reading →

Yucks All Over:Sifting Through the Whitman/Allred/Diaz/Brown Ethics Train Wreck

Is anyone doing or saying the right thing for the right reasons in the current controversy in California over Meg Whitman’s housekeeper? I think not. Let’s look at the main participants, and avert your eyes. It ain’t pretty:

Gloria Allred: Emerging out of nowhere to manufacture a campaign controversy that may sink conservative Republican gubernatorial candidate Meg Whitman’s chance of beating liberal Democrat golden oldie Jerry Brown, feminist advocate Allred is exploiting a long-time illegal immigrant for political purposes (Allred’s support for Brown goes back decades), torpedoing the campaign of a woman trying to be the state’s first female governor. Continue reading →

Food Preparation and the Right to Have Unethical Views

Ethicist Chris McDonald, who holds forth on his  Business Ethics Blog, has a provocative post on the right to know what you’re eating on another of his blogs, the Food Ethics Blog. I have no quarrel with the main point of his post, which I recommend that you read it here.

A related point in the article, however, not involving ingredients but food preparation, caused me to stop and ponder. Dr. McDonald writes…

“… imagine again that you’re a waiter or waitress. As you set a plate of food down in front of a customer, the customer asks: “Were any ‘minorities’ involved in the production of this food? Do you have any foreigners working in the kitchen?” Appalled, you stammer: “Excuse me?!” The customer continues, “I don’t like immigrants, and I don’t like the idea of them touching my food. I have the right to know what I’m eating!” Does this customer have the right to that information? Most of us, I think, would say no, of course not. She might see that information as really important — important to letting her live her life the way she wants to — but few of us would agree that anyone else is obligated to help her live out her racist values.”

I think the customer’s request for information regarding who is preparing one’s food is a valid one. Continue reading →