compassion

The Ethan Crouch Case’s D.A., Trying To Right An Arguable Wrong With Six More

/ Jack Marshall / 19 Comments
Listen to your mother, Joe.

Listen to your mother, Joe.

The infamous vehicular homicide case that generated the “Affluenza Defense” is well on its way to becoming an ethics train wreck.

The news media keeps doing its part: today CNN’s Ashleigh Banfield, whom I can no longer recall why I ever thought she was more than an over-opinionated hack (I think it was her glasses) said again today that Judge Jean Boyd “bought” 16-year-old scofflaw Ethan Crouch’s defense that he wasn’t responsible for his actions (that ended up leading to the death of four and critical injuries to two of his friends) because he had been spoiled by an affluent upbringing. As I already pointed out, there is no evidence that Judge Boyd agreed with that dubious argument, and solid evidence that she did not. Never mind. Ashleigh and the rest of her incompetent colleagues will continue to try to mislead the public regarding this just as they regularly do on nearly every other news story.

The more surprising development was the sudden participation of the Tarrant County District Attorney Joe Shannon, he whose efforts to jail young Couch were foiled by Boyd’s expansive judicial compassion toward a minor, in the ethics follies. He’s attempting another “bite of the apple, ” as judges say, by asking Boyd to lock up  Ethan  on two counts of intoxication assault that he argues are still pending before her court. Shannon explained:

“During his recent trial, the 16-year-old admitted his guilt in four cases of intoxication manslaughter and two cases of intoxication assault. There has been no verdict formally entered in the two intoxication assault cases. Every case deserves a verdict.”

Shannon’s renewed plea focuses on the two teens riding in the back of Couch’s Ford F-350 pickup (voluntarily riding there, knowing the driver was unlicensed and drunk as a skunk) who suffered life-altering injuries. One of them, Sergio Molina, is paralyzed and can communicate only by blinking. It is 1) disingenuous 2) unprofessional  3) unfair 4) futile, and he knows it, 5) irresponsible, and 6) probably unconstitutional.

All of which means his gambit is 7) unethical. Continue reading →

Robert Reich—Charity Bigot, Culture Dunce

/ Jack Marshall / 75 Comments
"Charity? Why yes, I send my usual check to Harvard, of course...have to make sure young Ethan gets accepted despite his vehicular manslaughter conviction..."

“Charity? Why yes, I send my usual check to Harvard, of course…have to make sure young Ethan gets accepted despite his vehicular manslaughter conviction…”

Robert Reich, Bill Clinton’s former Secretary of Labor, is out with an opinion piece declaring that giving to his favored charitable causes—charities directly assisting the poor– is real charity, while giving to other non-profits, in the arts, humanities and education, is just a self-serving, classist tax game.

“…A  large portion of the charitable deductions now claimed by America’s wealthy are for donations to culture palaces – operas, art museums, symphonies, and theaters – where they spend their leisure time hobnobbing with other wealthy benefactors,” he writes. “I’m all in favor of supporting fancy museums and elite schools, but face it: These aren’t really charities as most people understand the term. They’re often investments in the life-styles the wealthy already enjoy and want their children to have as well. Increasingly, being rich in America means not having to come across anyone who’s not.” 

Reich is an intelligent man, and I have a difficult time, reading this nonsense, believing that he is doing anything but gratuitous class-bashing here. Does he really believe that poor people don’t need and appreciate the arts, don’t go to see theater productions, never listen to music and wouldn’t be caught dead in a museum? Does he really believe everyone in an opera audience looks like the Monopoly Man, and goes there, not to listen to beautiful music, but to “hobnob” with old prep school buddies? Reich’s essay is an ugly example of class bias, and little more. How does he explain generous philanthropists who are childless? What’s their “angle”? Heaven knows,the wealthy never do anything out of compassion or generosity! Reich is engaging in biases on all sides: the poor are mundane, intellectually bereft philistines, and the wealthy are insular snobs. Continue reading →

Comment of the Day: “Ethics Observations On The “Affluenza” Sentence”

/ Jack Marshall / 36 Comments

 

I don't think this is the same "Theodoric of York" who authored this excellent "Comment of the Day"...at least I hope it isn't.

I don’t think this is the same “Theodoric of York” who authored this excellent “Comment of the Day”…at least I hope it isn’t.

The heat/ light ratio in the comments to the post about the controversial sentencing of a 16-year-old scofflaw in Texas has been depressing, but among the rational, measured, well-considered and thought-provoking responses by those who actually read the post, this one, by new commenter Theodoric of York,  is a winner. His politeness is especially appreciated among all the posts calling me names that would shock my mother. I hope he comes again, and often.

I’ll have some further comments after he’s had his say. Meanwhile, here is Theodoric of York’s Comment or the Day on the post Ethics Observations on the “Affluenza” Sentence.

Disclaimer the first: I’m not an attorney, nor do I play one on TV. Disclaimer the second: I have no knowledge of Texas law regarding juvenile justice, nor do I have any knowledge of Texas state law regarding negligent vehicular homicide, nor do I have any real knowledge of that state’s laws regarding DUI, homicide, manslaughter or murder. And yes, I know the difference between murder and negligent vehicular homicide, and I am also aware that young Mr. Couch is a minor. Disclaimer the third: I have not read Judge Boyd’s actual ruling, nor have I seen actual video of her sentencing. If someone could provide a link to that (if a link exists), it would be appreciated. That being said: Continue reading →

The 27th Victim

/ Jack Marshall / 24 Comments

NANCY-LANZA

Somehow, before yesterday, it had escaped my notice that the various commemorative events relating to the massacre in Newtown, Conn. have intentionally omitted mention of Adam Lanza’s mother.  This week, Gov. Dannel Malloy has asked that churches across the Connecticut toll their bells 26 times, once for each victim of the massacre–each victim other than Nancy Lanza, that is. A vigil with 26 candles was attended by President Obama last December, and moments of silence at sporting events around the country often are timed to 26 seconds. Last April’s Boston Marathon was dedicated to the grieving Newtown families, with one mile of the traditional 26 mile race dedicated to each victim. There were 27 victims that day, of course: Adam Lanza’s long-suffering mother was victim #1, shot dead in her bed by the son she loved. Why doesn’t her death count? Continue reading →

Ethics Observations On The “Affluenza” Sentence (And None Of Them Involve Criticizing The Judge)

/ Jack Marshall / 580 Comments
Judge Boyd, being judged. (The earlier photo posted was NOT Judge Boyd. I apologize to the judge, readers, and whoever's photo that was.)

Judge Boyd, being judged. (The earlier photo posted was NOT Judge Boyd. I apologize to the judge, readers, and whoever’s photo that was, for the error)

The newsmedia and blogosphere are going bonkers over the sentence given to Ethan Couch, the 16-year-old Texan who pleaded guilty last week to four counts of intoxication manslaughter and two counts of intoxication assault causing serious bodily injury. He had a blood-alcohol level three times the legal limit (Couch had stolen beer from a Walmart), plus traces of Valium in his system, when he lost control of  the Ford F-350 pick-up he was driving (over the speed limit) and slammed into four people trying to fix a disabled car on the shoulder. They were killed; two of his seven passengers were critically injured. Prosecutors proposed 20 years in jail as the proper punishment for Couch, but his attorneys tried a novel defense: they had experts testify that their client suffered from “affluenza,” a malady caused by his rich, amoral, neglectful parents, who taught him (the theory goes) that there are no consequences for anything, if one has enough money.

Rejecting the prosecution’s argument, State District Judge Jean Boyd, presiding over the Fort Worth Juvenile Court, shocked everyone by sentencing Couch to only 10 years of probation—no prison time at all. The gist of the media outrage: once again, the life philosophy of Couch’s sociopathic parents is validated. The rich get away with everything: a poor, minority defendant who engaged in the same conduct would have been imprisoned. This is the injustice of the criminal law system in America.

Maybe. But let’s not get ahead of ourselves.

I think the judge, despite what we are hearing from the media, may have done her job well.

Continue reading →

J.J. And The Chickens: When Compassion Should Trump Principle

/ Jack Marshall / 13 Comments
J.J. and friend.

J.J. and friend.

This strange and infuriating news story about the autistic child who is about to lose his “therapy chickens” is yet another example of how even the best ethics practices not only have exceptions, but obvious ones. Obvious, that is, except for the muddled thinkers on the DeBary (Florida) City Council, who have decided to harm a young and vulnerable child while turning his family’s life inside out because the needs of one citizen shouldn’t be enough to justify an otherwise unwise public policy. That governing principle is undeniably true…except in this case. And since it is so screamingly obvious that the otherwise sound principle is cruel to apply in this case, it is the perfect, obvious, compassionate instance when making an exception to a rule that works 99.9999% of the time is not only reasonable, but the right thing to do. The city council in question doesn’t comprehend this. Dead-eyed petty bureaucrats seldom do. Continue reading →

The Five Truths Of Elan Gale’s Twitter Lie

/ Jack Marshall / 13 Comments

"Diane"

The above photo is how “The Bachelor” producer Elan Hale chose to announce to the world that his Twitter tale about “Diane” the hysterical Thanksgiving traveler and his campaign to shame her was all a “joke.”  This is Diane! Har!

Truth #1:

Elan Gale is an asshole, and because he is shameless about it, he is also a fick.

Truth #2 Continue reading →

Ethics Verdicts On The Elan Gale vs. Crazy Woman In Seat 7A Air Battle

/ Jack Marshall / 39 Comments

Update (12/3): This incident has been revealed as a hoax.

The ethical analysis stands.

Yes, this is stupid, but it is the day after Thanksgiving, I’m still hung over from l-tryptophan, and there are ethics lessons to be learned everywhere, even in disputes between crude TV producers and hysterics.

You can read the details of this story here and the live tweets it generated here—Gale, a reality TV producer, gave a blow-by-blow description over Twitter.

In brief:

  • A plane on its way to Phoenix was delayed on the ground and one of the passengers angrily and loudly protested to the flight attendants that she was going to miss Thanksgiving dinner and what were they going to do about it?
  • Gale, as well as the rest of the passengers (presumably) found her self-centered hysteria offensive and made his point by sending her a complimentary glass of wine, some little bottles of vodka, and this note:

Gale note

The woman was not amused, and sent him this in return… Continue reading →

Fairness And George Zimmerman

/ Jack Marshall / 24 Comments

squashed 2George Zimmerman is in trouble again, this time from a domestic abuse incident. Presumably the justice system will work, and protect his pregnant girlfriend, as well as give Zimmerman whatever punishment the evidence indicates that he deserves.

In the meantime, the news media should be giving his misadventures back page rather than front page attention. I have heard Zimmerman described in the news media as the new O.J. Simpson, which is a slur (O.J. murdered two people in cold blood, with intent and malice aforethought), but which correctly describes how reporters want to treat him. In truth, he is the new Rodney King. Like Zimmerman, King was a maladjusted individual with poor judgment and a penchant for violence, who nonetheless did not deserve the fate that befell him, and was a reluctant celebrity. After the events and the trials stemming from his arrest (which was warranted), his resisting it (which was wrong) and his brutal beating (which was also wrong), King had more arrests and incidents involving law enforcement. These were news items, but not major ones, and the minor coverage they received was proper and appropriate.

Why is Zimmerman’s arrest the lead on this morning’s cable shows? It is because so many in the media fervently wanted him convicted of murder, and to have an official declaration that he stalked and killed Trayvon Martin out of racial prejudice, although there was, and remains, no evidence this was the case. Now they want to frame his current legal issues as proof that he should have been convicted, which is a biased, warrantless, illogical and unfair assumption. A far more plausible conclusion is that Zimmerman’s conduct and instability today arises from the chaos of his life, which was inflicted on him by a culture-wide, media-assisted effort to turn him into a national villain, and the face of racism in America. Continue reading →

No, It’s Actually Allison Benedikt Who’s A Bad Person

/ Jack Marshall / 31 Comments
Hang in there--the schools will be better in a few generations...

Hang in there–the schools will be better in a few generations…

There may be some persuasive arguments to be made for sending your child to a public school system you don’t trust. The obvious one is that you have no choice, which is true for many Americans. There are also some good reasons to write a “manifesto” called “If You Send Your Kid to Private School, You Are a Bad Person,” the best of which is to cause people to focus on the problem of the failing and unacceptable public school system, and what should be done about it. However, Allison Benedikt, who actually wrote an article with this title and presumably this intent, failed so miserably at making a coherent and persuasive argument of any kind that her provocative title amounts to an unethical assertion itself: if you are going to make a blanket indictment of the character of millions of people, you had better be able to produce an ethical argument or two, or at least demonstrate that you comprehend a little bit about ethics. Allison doesn’t. Based on this piece, I not only wouldn’t trust her (oh, by the way, Allison, the core objective of ethical conduct in your profession—any profession, actually—is trust) to provide advice about how to educate my child, I wouldn’t trust her to walk my dog. Continue reading →