cruel and unusual punishment

Comment of the Day: “Clayton Lockett Is Dead, Right? Then 1) Good! and 2) His Execution Wasn’t “Botched””

/ Jack Marshall / 17 Comments

capital-punishmentThere are well-established group of ethics topics that will always cause spirited debates here, because they are issues that have always divided public opinion and always will: morality vs ethics, drug legalization, abortion, war, social justice, socialism, plus various controversies involving race, sexuality and gender. I try to wade into these only when a current even beckons, as to some extent the arguments are futile and familiar, and too many people refuse to think or listen anymore, retreating to slogans and reflex positions articulated by others.

I decided to wade into one of the most polarized, of these, capital punishment, when the Clayton Lockett execution in Oklahoma sparked a national debate that seemed strange to me, and indeed driven by the unwarranted assumption, uncritically accepted by the news media, that the painlessness of executions were a crucial feature of making them ethical as well as societally palatable. It also opened the question of whether one execution that doesn’t follow the script necessarily calls capital punishment itself into question. I confess: both in my post’s title and in the tone of my responses to anti-death penalty commentators, I intentionally sought to roil the waters of debate, and was determined not to allow the nice people who usually express compassion for the pain and suffering of humanity’s worst and deadliest escape with the usual pieties.

Sure enough, this annoyed the heck out of some readers. Responding to the emphatic objections of one, Isaac delivered a personal and powerful rebuttal. Here is his Comment of the Day on the post Clayton Lockett Is Dead, Right? Then 1) Good! and 2) His Execution Wasn’t “Botched:” Continue reading →

Clayton Lockett Is Dead, Right? Then 1) Good! and 2) His Execution Wasn’t “Botched”

/ Jack Marshall / 149 Comments

Capital punishment foes have no shame, and (I know I am a broken record on this, and it cheers me no more than it pleases you), the knee-jerk journalists who have been squarely in their camp for decades refuse to illuminate their constant hypocrisy. In Connecticut, for example, holding that putting to death the monstrous perpetrators of the Petit home invasion was “immoral,” anti-death penalty advocates argued that the extended time it took to handle appeals made the death penalty more expensive than life imprisonment—an added expense for which the advocates themselves are accountable.

A similar dynamic is at work in the aftermath of the execution of convicted murderer and rapist Clayton Lockett in Oklahoma.Witnesses to his execution by lethal injection said Lockett convulsed and writhed on the gurney, sat up and started to speak before officials blocked the witnesses’ view by pulling a curtain. Apparently his vein “blew,” and instead of killing him efficiently,  the new, three-drug “cocktail” arrived at as the means of execution in Oklahoma after extensive study and litigation failed to work as advertised.  Why was there an excessively complex system involving multiple drugs used in this execution? It was the result of cumulative efforts by anti-death penalty zealots to make sure the process was above all, “humane.” Of course, the more complicated a process is, the more moving parts it has, the more likely it is to fail.

Continue reading →

Comment of the Day: “Ethics Dunce: Fox News”

/ Jack Marshall / 25 Comments

Bradley then, Chelsea now.

Bradley then, Chelsea now.

Responding sharply to a commenter’s expressed criticism of the argument that convicted classified data leaker Bradley, now Chelsea, Manning, sentenced to Federal prison and seeking treatment as a trans-gendered female, ought to have his treatment needs served by prison authorities at public cost, Ethics Alarms’ own expert on such matters (from Australia), provided this fascinating overview of U.S. law and medical ethics on the topic. Here is zoebrain’s Comment of the Day on the recent post flagging Fox News’ juvenile mockery of Manning’s gender issues, Ethics Dunce: Fox News:

“There are two disputes here. The first is whether prisoners have a right to medical treatment, and if so, to what degree.I’ll deal with that first.

“Brown v. Plata 131 S.Ct. 1910 (2011):  “To incarcerate, society takes from prisoners the means to provide for their own needs. Prisoners are dependent on the State for food, clothing, and necessary medical care. A prison’s failure to provide sustenance for inmates “may actually produce physical ‘torture or a lingering death.’ ” ….Just as a prisoner may starve if not fed, he or she may suffer or die if not provided adequate medical care. A prison that deprives prisoners of basic sustenance, including adequate medical care, is incompatible with the concept of human dignity and has no place in civilized society.” Continue reading →

Ethics Quiz: The Harley Tragedy

/ Jack Marshall / 44 Comments

I’m sure PETA thinks this is fair; I’m not sure that I do.

No goldfish for you!

No goldfish for you!

Tammy Brown,47, a disabled Moon Lake, Florida woman trying to make ends meet on her $508-a-month government check, argued that she was not able to afford veterinary care for Harley, her 14-year-old dog who had a painful ear infection as well as skin problems, periodic tumors, heartworms and ear mites. Because she did not get treatment for Harley, however—the fact that she tried to treat the dog’s problems with over the counter ointments wasn’t enough to mollify the judge— Brown was convicted of felony animal cruelty. She spent more than a month in jail awaiting sentencing, and then received six months of house arrest, 300 hours of community service, three years of probation, and $1,000 in court costs. Circuit Judge William Webb also commanded, “I don’t want you to own any animals. Not even a goldfish!” (Hartley had been euthanized.)

Apparently Harley’s physical condition was shockingly poor, so much so that jurors found photos hard to look at. An Animal Services officer testified that Harley couldn’t stand up without support. The prosecutor wanted Brown imprisoned.

Has society become so animal-sensitive that it has lost its priorities? Your Ethics Alarms Ethics Quiz is this: Assuming that Harley’s lack of treatment was due to lack of resources and neglect rather than malice…

Was Tammy Brown’s sentence fair, or was it excessive and cruel? Continue reading →

Incompetent Elected Official Of The Month: New York State Senator Greg Ball (R)

/ Jack Marshall / 19 Comments

Trust me, guys, you really don't want to vote for Greg Ball again...he's embarrassing your district.

Trust me, guys, you really don’t want to vote for Greg Ball again…he’s embarrassing your district.

Every now and then, a public official says something so brain-meltingly ridiculous that I wish I had a traditional blog and could write, “What an idiot!” and leave it at that.  This is one of those times.

Republican New York State Senator Greg Ball must represent the troglodyte section of New York—you know, that famous district heavily populated with prehistoric cave-dwellers who were discovered frozen in 1989, thawed out alive, and became politically active?—based on his unapologetic,nail-spitting, un-American tweet regarding the younger, surviving terrorist brother who engineered the Boston Marathon bombing:

Ball

What an idiot.

No, no, I can’t say that.

This is an unethical tweet. It’s an irresponsible tweet. Supporting torture “to save more lives” explicitly rejects the principles of the Declaration of Independence as well as the Constitutional requirements of Due Process and the Bill of Rights prohibition against cruel and unusual punishment and compelled testimony against self-interest. The “anything to save more lives” illogic, though recently adopted, to his shame and disgrace, by the presumably less idiotic President Obama in his quest for more gun regulations, is, of course, the open door to martial law and the permanent trade of liberty for security. I wrote about this at some length in the wake of the Abu Ghraib fiasco; reading “The Ethics of American Torture” again now, I would hold the same today, as would, I hope, most of you. (Don’t bother to read this, Senator Ball; it’s more than 140 characters, and you wouldn’t understand it anyway.) I wrote in part, Continue reading →

New Year’s Ethics Quiz: Is It Ethical To Order A Woman Not To Have Children?

/ Jack Marshall / 30 Comments

(This is my favorite judge picture, and I like to use it every year)

(This is my favorite judge picture, and I like to use it every year)

Kimberly Lightsey, 30, was being sentenced on four counts of child abuse for leaving her four children, ages 2 to 11 at the time, at a hotel while she went out to play. She had an arrangement with another mother in the hotel to watch the children, but that woman also was partying hard, it seems—so hard that she forgot what room Lightsey’s children were in. Meantime, one of Lightsey’s children, who was confined to a wheelchair, rolled out into the hallway and fell over.

Prosecutors asked for a 32-month jail sentence, but Judge Ernest Jones Jr. offered Kimberly a chance to avoid jail time. He would give her two years of house arrest and 13 years of probation, provided this aspiring Mother of the Year agreed not to have any more kids during that period.

She took the deal, but now The American Civil Liberties Union and her lawyer are wondering if the sentence is legal. My guess: it’s not, but that isn’t the issue. Let’s say this is within a judge’s power, and the sentence is legal. Your Ethics Alarms Quiz Question, the first of the new year, is this:

Is it ethical? Continue reading →

Bad Crime, Unethical Punishment, Ominous Sign

/ Jack Marshall / 24 Comments

Here’s a pop quiz for you.

The topic: crime and punishment

“Off with his head!” Uh, Queen? Isn’t that just a tiny bit severe?

An attractive woman falls asleep on an airplane, and the stranger sitting next to her, a card-carrying, pig-man creepazoid, takes that opportunity to “feel her up.” He is caught in the act, and arrested when the plane lands. What should be the maximum penalty imposed for such a violation of the poor woman’s privacy, dignity, and person?

If you said “life in prison,” go to the head of the class. The federal government has exclusive jurisdiction over  sexual abuse cases that occur on American airplane flights, and sets the penalties. A New Jersey man is currently awaiting trial after allegedly engaging in such in-flight molestation. How can such an extreme sentence be justified or even contemplated? What is this, “Midnight Express”? Rumania under the wise rule of Vlad the Impaler? Continue reading →

Ethics Train Wreck In A Little Teapot

/ Jack Marshall / 13 Comments

I don’t understand this story at all.*

Not THAT Larry Storch! That Larry Storch made sense to me.

Larry Storch is no relation to the late comedian of “F Troop” fame, but is a defiant, uncivil 89-year-old scofflaw who insists on driving around his North Carolina community with his sound system at eardrum-popping levels. “They’ve been giving me noise tickets for years,” Storch said. “I guess they thought their tickets would deter me, but every time I paid off a ticket I’d stop by the speaker place on the way home and add a little more boom to my zoom.” Good for you, Larry; by the way, you’re an asshole. His latest arrest for breaking noise ordinances brought him before a judge who was ready to throw the book at Storch, but who had a peculiar way of doing it. Lenoir County District Judge Robert T. Ironside—who is no relation to the wheelchair-bound Robert T. Ironside played by post- “Perry Mason” Raymond Burr in a CBS detective show—told him:

“You’ve come before this court many times over the years Mr. Storch. In the past I’ve fined you, sentenced you to community service, and at one point even forced you to watch the fourth hour of the ‘Today Show.’ Since none of those punishments have done anything to curb your jackassory behavior, I’ve decided to get medieval on where your butt — if you had one — would be.” Continue reading →

Executing an Insane Killer: a Cynical Ethics Controversy

/ Jack Marshall / 29 Comments

Let’s me get this straight: this is only a “macabre spectacle” if the guy strapped down to be poisoned isn’t crazy. Right?

In the case of Steven Staley, Texas has itself one of those periodic ethical/legal conundrums surrounding capital punishment that leave me feeling  cynical, puzzled, and worried that I am missing an important part of my compassion apparatus.

Staley’s problem, or his perhaps stroke of luck, is that he is a little more crazy now than he was when he committed the crimes that placed him on death row. In September 1989, Staley escaped from a Denver prison  and started robbing everything he encountered, looting nine businesses across four states. Finally he hit the Steak and Ale Restaurant in Tarrant County, Texas. Staley and his accomplices gathered the employees at gunpoint and forced the manager to hand over the contents of all the registers and the store safe. He then took the manager into the getaway car as a hostage, and executed him as Staley tried to elude the police. Continue reading →

The Right Kind of No-Tolerance Policy: Will Obama Get A Halo For Prison Rape Reform?

/ Jack Marshall / 19 Comments

If backing gay marriage earns a rainbow halo, stopping prison rape at least warrants this….

The Justice Department just announced the first comprehensive federal rules aimed at “zero tolerance” for sexual assaults against inmates in prisons, jails and other houses of detention. The new policy has teeth in it, decreeing that states that don’t take adequate measures to prevent sexual assault on prisoners will lose federal prison  funds. This initiative was disgracefully long in coming, but begins the repair of the human rights atrocity going on in the nation’s prisons literally since the first cell door clanged shut. It is the right kind of “no-tolerance” policy, because allowing prisoners to rape other prisoners—it is estimated that at least 10% of all inmates experience sexual assault—-should never have been tolerated. That it has also been used by law enforcement and popular culture to enhance the deterrent power of imprisonment, essentially making rape a culturally and governmentally sanctioned element of the penal system, should weigh heavily on the national conscience for years to come. It was un-American, as vile a desecration of the principles of our country as torture.  Continue reading →