compassion

When Business Rejects Ethics: the Sorabella Story

/ Jack Marshall / 9 Comments

"So sorry about your wife's cancer, Carl. Let me know if there's anything we can do. Oh, by the way...you're fired."

I usually feel that organized labor rhetoric about cruel and heartless employers is archaic and exaggerated for political effect. This story, however, is almost enough to make me pick up a sign and start picketing.

Carl Sorabella, 43, got a merit raise in November for Haynes Management,  a real estate company in Wellesley, Mass., where he has worked as an accountant for almost 14 years. Then he learned that his wife, Kathy, had been diagnosed with advanced cancer. Told that the likelihood was that she had only months to live, Carl approached his boss. Sorabella explained that his wife’s illness would require him to have flexible hours as he supported her during her tests and treatment. He assured her that he would do whatever was necessary to keep his work up-to-date and complete his duties.

She fired him anyway. Continue reading →

Return to a Sore Subject

/ Jack Marshall / 1 Comment

"Does anybody care?"

[NOTE: An unusually busy travel schedule combined with terrible hotel WiFi and a week that was already stuffed with juicy and provocative ethics stories resulted in my not fulfilling my duties very well the last three days, for which I apologize sincerely. I’m going to make every effort to catch up this weekend.]

Rep. Weiner resigned at last, noting that his district and its constituents deserved to have a fully functioning representative in Congress, and that he could no longer fulfill that role. True enough, though one has to ask (or at least I do): if the people of Queens and Brooklyn deserve better representation than a hard-working, if dishonest, obsessed and twisted, pariah can offer, what about the people of the 8th District of Arizona, who have a representative who can’t funtion in her post at all?

I was going to wait until the six-month mark in Gaby Giffords’ rehabilitation to raise this matter again, since that will mark a full 25% of the Congresswoman’s term that she has been unable to serve, but the combination of Weiner’s resignation and the news of Giffords being released from the hospital created too much dissonance for me to ignore. I fully expect that I will be writing some version of this post 18 months hence, after Rep. Giffords’ entire Congressional term has passed without her voting on a bill or answering a constituent’s letter. To quote the singing John Adams in “1776,”: “Is anybody there? Does anybody care?”

Reports from various medical personnel enthused that Giffords has made remarkable progress, and “seems” to understand “most’ of what is being said to her, though she still has trouble articulating responses. That is great progress for someone who has some of her brain blown away by a gunshot at close range, but it sure doesn’t sound like someone who is going to be making a persuasive argument on the House floor any time soon, or ever. So are we serious about this running the country stuff, or aren’t we? Continue reading →

Toronto: Religious Bullies Distort the Alcoholics Anonymous Mission

/ Jack Marshall / 20 Comments

In Toronto, two Alcoholics Anonymous groups that specifically removed reference to God and religion in their version of the Twelve Steps have been de-listed by the central organization there, a straight exhibition of the abuse of power and a breach of integrity in the pursuit of selfish ends.

Alcoholics Anonymous, as anyone who has listened to Charlie Sheen’s anti-AA rants knows, employs repeated evocations of God and “a higher power” in its formula for treating alcoholism.  But while many have successfully turned to faith in their journeys to sobriety, most individual AA chapters neither insist on religious belief nor preach it, leaving it to each member to decide what his or “her higher power” is. To many, it is a God, and to many it is the fellowship of AA itself. The point of the higher power is to help an alcoholic discover the spiritual strength and resolve to conquer a pernicious and powerful disease with no known cure. the objective of AA, however, is not to seek to strengthen religion. Continue reading →

Ethics Hero: Barry Bonds

/ Jack Marshall / 4 Comments

I never thought it could happen.

The four words above rank near the top of my list of “Things I Will Never Think, Feel, or Write,” somewhere between “I love the New York Yankees” and “I’m skipping the ethics seminar because I don’t want to miss the finale of “Dancing With The Stars.”

Former San Francisco Giants slugger Barry Bonds has arranged to pay the college tuition for the children of Bryan Stow, the San Francisco Giants fan who was beaten into a coma outside Dodger Stadium on Opening Day. Both of his children are currently in grade school. By the time they are ready for college, it is estimated that the average tuition will be only slightly less than the national debt.

Barry can afford it, of course, but that is irrelevant. There is no way to spin this into anything but a profoundly kind and generous act of compassion toward a stranger. Bonds did not announce the pledge, or send out a press release. It was not an effort to bolster his public image in the wake of his recent conviction for misleading a federal grand jury regarding his use of steroids. He was not trying to change anyone’s opinion of his baseball controversies, and it is unlikely to. Bonds was just doing something extraordinarily generous, for a man and a family who have been struck by a terrible and senseless tragedy. Stow family attorney Thomas Girardi revealed yesterday that Bonds made the pledge to Stow’s son and daughter after visiting the family in the hospital on April 22. Bonds has said nothing about it.

I have been very critical of Barry Bonds’ conduct for many years, and there is much to criticize. None of that should reduce the praise and admiration due to him for this extraordinary act. Barry Bonds is an Ethics Hero. That’s all there is to it.

What happened on “Dancing With The Stars” last night?

Ethics Heroes: The U.S. Supreme Court

/ Jack Marshall / 1 Comment

To be more accurate, the heroic component in this instance is the liberal wing of SCOTUS ( Justices Sotomayor, Kagan, Ginsberg, and Breyer) plus the swing vote, Justice Kennedy, who wrote the majority opinion in Brown v. Plata.  The decision upheld a court order requiring California to release a staggering 46, 000 inmates of its prisons, more than a fourth of the those sentenced there. The majority concurred with the lower court’s assessment that California prisons were so obscenely over-crowed that conditions amount to a human rights violation and a breach of the constitutional prohibition on “cruel and unusual punishment.”

Some Supreme Court decisions come down to ethics as much as law, and this was certainly one of those times. At issue from a legal standpoint was  whether federal judges had the power to order the release of state prisoners as a necessary means of curing a constitutional violation. But the brilliant legal minds on the conservative side of the Court’s divide had no problem answering that question in the negative, and persuasively too.  The dilemma is that California’s least sympathetic citizens, its residents of the state’s penal institutions, are being kept in conditions that violate their constitutional rights, and despite many years of knowing about the problem, the state hasn’t found a way to rectify it. Continue reading →

Sending Teenagers To Prison Forever

/ Jack Marshall / 9 Comments

He's only 14. Could he really be irredeemable?

The Wisconsin Supreme Court has upheld a life sentence for a man who helped throw a boy off a parking ramp when the prisoner was only 14 years old. At issue was whether sentencing someone to life imprisonment without parole for a crime committed at such a young age was prohibited by either the U.S. or the Wisconsin Constitution. The Court ruled not, finding that no national consensus has formed against such sentences.

I can accept that this is the proper legal standard, and that the decision may be correct regarding the law. It is also ethically wrong.

All such problems involve line-drawing and its well-known slippery slopes: if a 19-year old can be sentenced to jail forever, how different is an 18-year-old? 17? 16? Before you know it, we are sentencing 6-year-olds to life imprisonment. We do not have to fall into that trap, however, to declare that it is unethical, though legal, to sentence a 14-year-old boy to an endless jail term. Why? The sentence lacks compassion, mercy, proportion and common sense.

Certainly the crime was a horrible one. Omer Ninham was convicted of first-degree intentional homicide for his role in the death of 13-year-old Zong Vang  in 1998. Ninham and four others between the ages of 13 and 14 accosted the boy  as he was riding his bike home from the grocery store. Ninham and another member of the group teased Vang, punched him, and when Vang ran into a nearby hospital parking ramp, assaulted him on the top floor. Ninham and a friend seized Vang by the wrists and ankles, and as Vang screamed for help, threw him over the edge. He fell five stories, and hit the ground “like a wet bag of cement hitting the pavement,” as a witness put it. Two years later, when Ninham was 16, a judge sentenced him to life without parole. Continue reading →

Justice? Michigan Prosecutors Say Davontae Sanford Can’t Get There From Here

/ Jack Marshall / 7 Comments

Davontae Sanford is 18 and in prison. He was 14  when he confessed to shooting and killing four people in a drug house, but now Davontae says he confessed in order to please police.

Vincent Smothers is a professional hit man already convicted of eight murders. He now says that he killed the four victims Sanford took the rap for. There doesn’t appear to be any reason for Smothers to lie about it: the hit man  is not known for his compassion toward others. Smothers even waived his attorney-client privilege with former attorney Gabi Silver so  Silver could testify on Davontae Sanford’s behalf, and say under penalty of perjury that Smothers told her he was responsible for  the killings, and that Sanford didn’t help him.

Prosecutors, however, are trying to block Silver’s testimony, which could free a wrongly imprisoned teen, arguing that it would be hearsay. While Sanford’s attorney, Kim McGinnis, says she has done everything in her power to convince Smothers to testify himself, he refuses, leaving it up to her.

Continue reading →

Ethics Hero: Jerry Lewis

/ Jack Marshall / 3 Comments

Great comedians are usually, as Sid Caesar once memorably told Larry King, “miserable sons of bitches,” and few fit that description better than Jerry Lewis. As a result, he also stands as a classic example of how not-so-nice people can still do wonderful, heroic deeds. In Lewis’s case, the deed is the  Jerry Lewis Muscular Dystrophy Association Telethon. Lewis has announced that because of his failing health and advanced age (he is 86), the 2011 version will be his final telethon, and the show itself is being drastically scaled back from over 20 hours in its heyday to about 6 hours. The decline of his Labor Day telethon tradition is as good a time as ever to give Lewis—arrogant, loutish, egomaniacal, tough old bastard that he is—his due. Jerry Lewis is an Ethics Hero. There’s just no way getting around it.

For decades I thought that Jerry Lewis’s involvement with MDA was a stunt cooked up by his publicist during his decline in popularity, to ensure that he would have public visibility after studios stopped offering him movie roles. That was wrong: Lewis started doing telethons for muscular dystrophy in 1952, when his stardom was just blooming and he was still teamed with Dean Martin. his fundraising for medical research began as a series of local broadcasts and went national in 1966. By then Lewis’s career was indeed on the wane (his last hit movie had been “The Nutty Professor” in 1963), but the telethon had already been a constant in his life for 14 years. Jerry wasn’t doing it for himself. He really was doing it for “the kids.” Continue reading →

The Giordano Decision, Sympathy and Malfunctioning Ethics Alarms

/ Jack Marshall / 6 Comments

Sympathy and empathy are wonderful and admirable qualities, but they can mess up ethics alarms but good, causing them to ring out with gusto when perhaps they shouldn’t be set off at all.

This, I’m sorry to say, is what seems to be going on with the public and the media in the wake of a North Carolina judge denying Alaina Giordano primary custody of her two children,  in part because Giordano has Stage IV breast cancer, and in part because she is unemployed. Giordano is upset and nobody can blame her for that. She has also started a website exhorting readers to “Say NO! to CANCER discrimination!” There is a Facebook page (of course) rallying support for her, and it already has over 14,000 fans. An online petition to the governor called “Do Not Allow NC Judge To Take Alaina Giordano’s Children Just Because She Has Cancer ” has more than 75,000 signers.

Yet there is nothing inherently unethical, illogical or unfair about family law Judge Nancy E. Gordon awarding custody of 11-year-old Sofia and 5-year-old Bud to their father, who lives and works in Chicago, rather than to their mother, who lives in Durham, and has breast cancer that is most likely terminal. Continue reading →

The Great Norwalk Kindergarten Heist

/ Jack Marshall / 8 Comments

The Tanya McDonald controversy

A homeless woman is facing 20 years in prison if she is convicted of stealing over $15,000 of Norwalk, Conn. taxpayer funds. The details of her crime are controversial: she lied about her residence to get her child into what she believed was a better school system, but one that, as non-resident, she was not entitled to use. The details also create a tangled mess of law, justice, ethics, fairness, compassion, public policy, finances, class and education.

Let’s try to unravel it, shall we? Continue reading →