Ethics Quiz Of The Day: Deadly Dairy Queen?

/ Jack Marshall / 27 Comments
The late Kenneth Sutter

The late Kenneth Sutter

Harley Branham, 21, a manager at the Dairy Queen in Fayette, Missouri, has been charged with second degree felony manslaughter following the suicide of 17-year-old Kenneth Suttner, whom she supervised. At an inquest called by the Howard County coroner, witnesses testified that Branham mistreated the teen. She  made Suttner lie on the restaurant floor as he cleaned it by hand, and once threw a cheeseburger at him.  Other witnesses said the boy also had been bullied for years at his school, where students mocked his weight and a speech impediment.

The coroner’s jury blamed both the Dairy Queen and the Glasgow School District for failures in training and prevention of harassment, concluding that Branham “was the principal in the cause of death,” and also that Dairy Queen negligently failed to properly train employees about harassment prevention and resolution, according to the inquest’s verdict form. Jurors also found that the Glasgow Public School system was negligent in failing to prevent his bullying.

All of those factors, the inquest concluded, caused the boy “to take his own life.”

Suttner shot himself on December 21, 2015.

Howard County Coroner Frank Flaspohler explained the inquest and the verdict, saying,  “I felt there was bullying going on and things weren’t getting corrected. Hopefully this makes the school pay attention to what’s going on. And it’s not just in that school. We all need to wake up and say this exists and we need to take care of it.”

Your Ethics Alarms Ethics Quiz of the Day:

Is this an ethical use of the criminal laws?

Continue reading →

A Presidential “Othering” Ethics Puzzle: What IS This Statement? Misleading? Ignorant? Biased?

/ Jack Marshall / 24 Comments

jfk-oval-office

In a column today, Washington Post political columnist Chris Cillizza writes,

“The simple fact is that Trump has never had real friends in the sense you or I think of the term. The relationship world of Trump has long been split into two groups: (1) his family and (2) people who work for him. And people who work for you are rarely your actual friends.”

This was written in the context of an article titled “The very peculiar isolation of Donald Trump.”

What’s going on here? It is definitely one more “othering” exercise from the news media, part of a concerted effort to avoid “normalizing” this President so that tactics previously regarded as unthinkable, undemocratic and unAmerican will be accepted by the public when they are used against him. The message is that this President is strange, weird. He’s not like us. He’s a monster. Today, for example,  MSNBC’s Katy Tur insinuated that the President might be planning to start murdering journalists, asking a guest.

“As we know, there’s, since 2000, been a couple dozen suspicious deaths of journalists in Russia who came out against the government there.Donald Trump has made no secret about going after journalists and his distaste for any news that doesn’t agree with him here. Do you find that this is a dangerous path he is heading down?”

I was struck by Cillizza’s column  because the topic is one of several upon which I wrote my honors thesis in American government. (If you are in Cambridge, Mass., you can find a copy in Widener Library.)  Cillizza’s statement made me realize, for the first time, really: “Ah! There’s at least one aspect of his personality that is typical of American Presidents!” I studied exactly that aspect of Presidential biographies to test my thesis that the U.S. Presidency attracted a specific character type, and the type was not “normal” by the public standards. Continue reading →

Comment of the Day: “Esquire’s Ridiculous Book List Smear”

/ Jack Marshall / 72 Comments

rowling

My position on British celebrities who attack our elected officials via snotty tweets and interviews is simple: I’ll give a damn what you think  when your own country gets rid of the hereditary monarchy and stops sinking ever deeper into socialism, economic decay and international irrelevance. Spout off after the number of artists and performers moving to the U.S. is offset significantly by U.S. artists moving in the other direction.  Great Britain has become the Beach Boys of nations; still croaking the same old tunes, but a depressing shadow of what it once was.

Besides that, it is rude. If there is one nation that deserves Great Britain’s lasting respect, it is this one.

Steve-O-in-NJ scored another Comment of the Day with his discussion of one of the British anti-U.S. tweeters most loved by the Angry Left, “Harry Potter” creator J.K. Rowling. Here it is, in reaction to “Esquire’s Ridiculous Book List Smear”:

Fantasy author J.K. Rowling took it upon herself to troll Vice President Pence and criticize the President, sneering at those fans who have chosen to make contrary opinions known, even condescendingly saying you can lead someone to books about the rise and fall of an autocrat, but not make them understand.

I have to say I am particularly unimpressed by that latter statement, and the attitude it conveys – an attitude that this author is smarter than anyone who disagrees with her, and, more to the point, that she had some profound lesson about human nature to teach the world in the lengthy prose of seven books that were, while they were fun, popular, and very profitable, ultimately only fantasy novels. Their primary purpose, like all novels, is and was to entertain.

Oh, Ms. Rowling drops a profound-sounding thought here and there between the fantastic creatures, faux-Latin spells, potboiler plots, and hairbreadth escapes: that those who seek power often seek it to abuse it, that what you do is more important than who your father was, that being powerful is less important than how you use what power you have, and of course, that racism is bad.

However, none of these are particularly original thoughts. JKR didn’t come up with any of these herself. She might have packaged them up nicely, but no one changes their approach to life because some principle came from the mouth of a plucky young hero or a wise, traditional- looking wizard. Continue reading →

Ethics Observations Upon Viewing “The People v. O.J. Simpson: American Crime Story”

/ Jack Marshall / 6 Comments

oj-show

I never got to see all ten episodes of last year’s ambitious and star-studded mini-series about the O.J. Simpson trial before this weekend. Thanks to Netflix, I was able to watch them all in two nights. I watched most of the televised trial at the time, so the program brought back a lot of bad memories.

Overall the production was excellent, and some of the casting was creepily good, especially Sarah Paulson  as Marcia Clark, Sterling K. Brown as Chris Darden, Kenneth Choi  as Judge Ito, Courtney B. Vance in a magnificent portrayal of Johnnie Cochran, Rob Morrow as
Barry Scheck,  Robert Morse, unrecognizable as Dominick Dunne, and Joseph Siravo as Fred Goldman. Unfortunately, Cuba Gooding, Jr., an excellent actor, is so unlike O.J. that it kept reminding us that this was a TV show. Nathan Lane and David Shwimmer also were unable to disappear sufficiently into their roles as F. Lee Bailey and Robert Kardashian. I couldn’t help thinking of “The Bird Cage” and “Friends.”

The script was  remarkably even-handed, and for the most part, accurate. However, there were three legal ethics howlers that require some exposition, as well as some other matters that came to mind.

1. The Defense’s Secret Redecoration of O.J.’s home.

In the episode “The Race Card,”  Johnnie Cochran was shown redecorating  O.J. Simpson’s house before the jury came for a judge-approved viewing. Pictures of half-nude models were replaced by benign photos of Simpson’s mother and children, and Cochran scattered pieces of African art around the rooms, taken from his own collection.

Could the lawyers do this? Of course not! It’s a visual lie, and an attempt to mislead the jury. Ito ordered that the heroic statute of Simpson in his back yard be covered with a sheet to avoid biasing the jury in favor of the defendant. Had the prosecution team suspected that Cochran had pulled such a stunt, as the dramatization suggested, it would have alerted the judge, a mistrial would have been likely, and Cochran as well as every lawyer involved would have faced serious bar discipline.

The question is, did this really happen as portrayed? Defense attorney Carl Douglas said in a Dateline NBC’s special THE PEOPLE vs. OJ SIMPSON: What the Jury Never Heard that it did, and that he organized the redecoration. Douglas said the intention was to make the estate look “lived-in and stand with all of its regalness so that the jurors would say ‘O.J. Simpson would not have risked all of this for this woman.'”  Douglas said that “photos of Simpson with white women were swapped out for pictures of him with black people. A Norman Rockwell painting from Johnnie Cochran’s office and a bedside photo of Simpson’s mother were placed in prominent view.”

Douglas should be suspended from the practice of law at the very least for this confession of outrageous ethics misconduct. (Cochran, who is dead, is beyond punishment.) Clark, Darden and Ito also failed their duties to justice and the public by allowing such a deception to warp the jurors’ perceptions. Continue reading →

About the “So-Called” Judge’s TRO

/ Jack Marshall / 30 Comments

robart

Ethics Alarms had a revealing comment on the post about the grandstanding and unethical ex-acting-Attorney General’s  breach of her duty to represent her client regarding the President’s Middle East immigration Executive Order. Following Judge Robart’s temporary restraining order (or TRO), the reader said, in essence, ‘See? She was right! The order was illegal, just like she said it was!’ The comment was idiotic on its face on many levels, yet it was also a fair summation of how partisan citizens have viewed the controversy. The various TROs validate the criticism of the Executive Order in their minds. They don’t, however. Judge Robart’s order particularly doesn’t. In fact, it is infuriatingly vague.

Now, a TRO doesn’t necessarily have to explain in detail what is wrong with a law, regulation or order. The purpose of this judicial act is to stall a measure that has the potential of causing a lot of disruption, unhappiness or expense from going into effect until there can be a decisive determination that it is legal, constitutional and within the power of the government entity that issued it. A judge issuing a TRO must conclude that the objection to the act is substantive, that the party applying for the TRO has a substantial chance of prevailing on the merits, and that the party has standing to object. The judge does not have to conclude that the party asking for the order is right, just that the party may be right.

However, reading Judge Judge Robart’s order, one can glean no clue as to why the TRO was justifiable, and why it is so sweeping. Although the judge writes in his conclusion that…

The work of the court is not to create policy or judge the Wisdom of any particular policy promoted by the other two branches. That is the work of the legislative and executive branches and of the citizens of this country who ultimately exercise democratic control over those branches. The work of the Judiciary, and this court, is limited to ensuring that the actions taken by the other two branches comport with our country’s laws, and more importantly, our Constitution. …

[T]he court is mindful of the considerable impact its order may have on the parties before it, the executive branch of our government, and the country’s citizens and residents. The court concludes that the circumstances brought before it today are such that it must intervene to fulfill its constitutional role in our tripart government.

…the order never states what is illegal or unconstitutional in his view.  This omission has led many analysts to conclude that there isn’t anything. He just doesn’t like the order. Much has been made of the fact that Robart was a Bush appointee, so the order isn’t “partisan.” Of course, the same people making this argument, in other settings, would maintain that a Bush appointment is just a bad judge. Many, many, many Republicans  and conservatives detest the President, and especially, one should remember, the Bush family. It is far from unlikely that bias against the President caused Judge Robart to employ poor judgment. Democrats cite the fact that Rorart is a conservative as part of a wonderfully convenient construct: if a conservative judge opposes them, the fact that he’s a conservative means he’s wrong, and if a conservative judge agrees with them, the fact that he’s a conservative means he’s right.
Some of the exchanges in the hearing that led to his order directly contradict his written statement that he is not questioning the wisdom of the order rather than challenging its legality.

Continue reading →

Ethics Observations On The President’s “So-Called Judge” Tweet

/ Jack Marshall / 45 Comments

Donald J. Trump - ø@realDonaldTrump The opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned! 1:12 PM - 4 Feb 2017 Donald Trump Tweet

Ugh.

In case you were lucky enough to miss it, after Judge James Robart temporarily blocked  President Trump‘s Executive order halting  immigration from seven Middle East nations teaming with terrorists, nationwide, the President responded on Twitter yesterday:

Tweet 1.:

When a country is no longer able to say who can, and who cannot , come in & out, especially for reasons of safety &.security – big trouble!

Tweet 2.:

Interesting that certain Middle-Eastern countries agree with the ban. They know if certain people are allowed in it’s death & destruction!

Tweet 3.:

The opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned!

The last one inspired expressions of alarm and horror:

Senator Schumer: “POTUS’s attack on Judge Robart shows a disdain for an ind. judiciary that doesn’t bend to his wishes & lack of respect for the Constitution.”

Bernie Sanders: “Trump has to learn the very important truth stated by Washington AG Bob Ferguson: “No one is above the law, not even the president.”

Representative Jerry Nadler: ” No “so-called.” Judge Robart is a GWB appointee who was confirmed 99-0. We are watching closely your contempt for our Judicial Branch.”

Evan McMullin—remember, the Independent who ran to be President of Utah?—wrote,

“Disagreeing with a court decision is fine, but undermining the legitimacy of a judge and the Judiciary Branch is a threat to the Republic.”

(Somehow I just don’t think that a President who has for three months watched an entire political party seek to undermine the legitimacy of a duly elected POTUS–him–with protests, riots, recounts, an Electoral College rebellion, calls for impeachment, calls for military coups, Hitler comparisons, accusations of incest with his daughter,  insanity, and conspiracy theories involving Russia will take too seriously the argument that three words in a tweet is a “threat to the Republic.” I could be wrong…)

Naturally bloggers, pundits and social media users have reacted to the three words with even more intensity.

Ethics Observations: Continue reading →

Super Bowl Sunday Ethics Quote Of The Day: Professor David DeSteno

/ Jack Marshall / 11 Comments

pro-brady

“It’s not about the true facts, or about how honest you believe a group is, or what the group’s past behavior is. It doesn’t matter what sport it is, or what team it is, or even if it’s sports at all. Just being a part of a group, any group, is enough to excuse moral transgressions because in some way, you’re benefiting from it. Your moral compass shifts.”

—-David DeSteno, Northeastern University Professor of psychology, explaining why Boston fans believe the New England Patriots, their coach, Bill Belichik, and their star quarterback, Tom Brady, are as pure as the driven snow, while the rest of the country sees them as detestable

The professor’s point will be familiar to any Ethics Alarms readers who have perused the various pots here regarding cognitive dissonance, or even those familiar with the mantra, “Bias makes you stupid.”  However, he has done some interesting research on the phenomenon described in the Times Sports article this morning.

In a psychological experiment, researchers separated people into two groups and offered some of them an option: Complete a fun, 10-minute task, or take on a difficult, 45-minute one. Placed in a room alone, they were told to choose which task they would have to do, or let a coin flip decide. Either way, the person entering the room next would be left with the other task.

Afterward, those people were asked to rate how fairly they had acted, and 90 percent said they had been fair. Except that they were lying. In fact, they had picked the easy task for themselves, without even flipping the coin, wrongly believing that no one was watching…

DeSteno and his former student Piercarlo Valdesolo conducted studies that showed that even strangers placed into groups quickly start favoring the people in their group, as they would favor themselves, even if that group was created randomly, and only minutes earlier. Morality, as it turns out, can change by the second, and for no good reason.

Professor DeSteno told the Times that this isn’t a conscious decision, but an innate survival reaction…. Continue reading →

The 8th Annual Ethics Alarms Awards: The Worst of Ethics 2016: The Last Of The Worst

/ Jack Marshall / 23 Comments

how-lead-gets-injpg-1e9d798a1edee129

Ethics Alarms wraps up the Worst in 2016 Ethics with the usual education and journalism breaches, Ethics Dunce of the Year, and more delights for the sadistic…

Unethical Government Fiasco Of The Year

The Flint, Michigan water crisis.  A failure of competence, diligence, responsibility and honesty, compounded by bureaucrats, elected officials, the city of Detroit, Michigan Governor Rick Snyder and the EPA made people sick and cost billions.

Good job, everybody!

Scam of the Year

Sen.Ted Cruz’s fake “official” mailer before the Iowa Caucus. Cruz’s campaign  sent out mailers labeled in all capital letters, “ELECTION ALERT,” “VOTER VIOLATION,” “PUBLIC RECORD,” and “FURTHER ACTION NEEDED.” On the other side, the mailer said, in red letters at the top, “VOTING VIOLATION.” The text read:

You are receiving this election notice because of low expected voter turnout in your area. Your individual voting history as well as your neighbors’ are public record. Their scores are published below, and many of them will see your score as well. CAUCUS ON MONDAY TO IMPROVE YOUR SCORE and please encourage your neighbors to caucus as well. A follow-up notice may be issued following Monday’s caucuses.

This is why Trump’s nickname for Cruz, “Lyin’ Ted,” was crude but accurate.

Ethics Dunces Of The Year

All the social media users and others who ended Facebook friendships, genuine friendships and relationship over the 2016 election. Haven’t they ever seen “It’s A Wonderful Life”? Morons. Shame on all of them.

Weenies of the Year

The college students who demanded that exams be cancelled, therapists be available, safe spaces be found, puppies be summoned and cry-ins be organized because the awful candidate they supported in the Presidential election lost, as candidates often do.

How embarrassing.

Unethical University Of The Year 

Liberty University.  This is the most competitive of categories, with all the schools that railroaded male students based on questionable sexual assault claims while quailing in fear of the Dept. of Education’s “Dear Colleague Letter,” and all the schools that signaled that the results of a simple election justified PTSD treatment for their shattered charges, as well as making it clear to any students who dared to tilt Republican that they were persona non grata. Nonetheless, Liberty University takes the prize with its unique combination of greed, hypocrisy, and warped values. From the Ethics Alarms post:

Last week, with great fanfare, Liberty hired Ian McCaw as its new athletic director. “My vision for Liberty is to position it as a pre-eminent Christian athletic program in America,” McCaw said during a news conference.

This is his first paying assignment since May, when he left his job as the athletic director at Baylor, also a Christian university. His departure was made essential after a thorough investigation that found that those overseeing Baylor’s  football team as well as the management of  the athletic department—that is, McCaw— had been informed of multiple gang rapes and sexual assault by team members and had ignored it, as any good football-loving Christian would….especially when a star was involved.

Continue reading →

The Most Unethical 2017 Super Bowl Ad Is Yet To Be Revealed, But The Prize For The Most Shameless Is A Lock

/ Jack Marshall / 12 Comments

Of course, all Super Bowl TV ads by definition are horribly unethical, exploiting for commerce a professional blood sport that renders healthy young men brain-damaged for a drooling public’s coarse amusement. To Hell with all the ads I say. Still, some are worse than others.

History suggests that the obnoxious Audi commercial above won’t be the worst, but it nicks a wider range of ethical breaches than the typical Super Bowl ad. For that it deserves, at very least, a hardy Ethics Alarm Bronx cheer, or “raspberry”…

to wit…

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Esquire’s Ridiculous Book List Smear

/ Jack Marshall / 44 Comments

esquire-book-list

To paraphrase Michael Corleone, every time I think I’ve gotten away from having to comment on the extraordinary unethical performance of the national media toward the President, they puuuull me back in.

What is the correct and fair reaction to the latest media cheap shot on the President of the United States? This one would have been contemptible to inflict on a candidate before the election; now, almost three months after it, the feature is something to behold. Godwin’s Law is invoked far too often, but in this case, it tells the tale.

Esquire’s embarrassing article is called “20 Essential Books to Prepare You for What’s Next: A handy reading list featuring not-so-speculative dystopian fiction, political memoirs, and cautionary tales from Nazi Germany.” The point being made, of course, though already hackneyed, dishonest and thoroughly debunked, is that the President is Hitler. This contention requires ignorance of the United States culture and institutions, Germany, world history, Hitler and the President, but never mind: hate and fear is all the article is intended to generate, not perception or understanding. Taking it seriously requires blocking out the fact that it is the President’s opponents who are flirting with totalitarian methods, using violence to stifle dissent, trying to overthrow lawful elections, calling for coups, and co-opting the news media. The list is an insult without substantiation or justification; Esquire might just as well have published a full page reading: “The President of the United States is a Poopy-Face, and We Hate Him!” There is no substantive difference.

For anyone who has read the books and is not deranged regarding the President to the point of delusion, Esquire’s book list is kind of hilarious. “1984,” for example, is a vision of Soviet-style totalitarianism, with a news media that distorts facts  to support a political party similar to the way our current news media manipulates it against the current administration, but previously did to bolster the Obama. Indeed, Esquire’s book list itself is Orwellian, using mass communication to control public opinion with deception, emotion and fear.

Sinclair Lewis’s “It Can’t Happen Here” was considered hysterical when it was written in the Thirties. Including “The Handmaiden’s Tale” as a guide to “what happens next” is about as silly an example of fearmongering as one could imagine: Continue reading →