Tag Archives: discrimination

Comment Of The Day: “The Most Unethical Sentencing Fallacy Of All: Lavinia Woodward Gets “The King’s Pass”

I am almost caught up on my backlog of Comments of the Day!

This one, by multiple COTDs author Humble Talent, is really two; I’m taking the liberty of combining his later explication with the original comment, as they follow as the night follows day. The topic is bias and double standards in the criminal justice system, and hold on to your hat.

Here is Humble Talent’s 2-for 1 Comment of the Day on the post, “The Most Unethical Sentencing Fallacy Of All: Lavinia Woodward Gets “The King’s Pass”:

You know, every now and again when I’m feeling adventurous, I go to a place I think will have a whole lot of people that don’t think like me and poke at their sacred cows. You meet all kinds of people, and recently, I was given probably one of the better answers to a gender/race issue from the other side yet.

The original fact pattern is that racial activists will cite disparate impact as a problem at every stage of an interaction with the legal system. Black people are more likely to be pulled over, more likely to be arrested, more likely to be charged, more likely to be convicted, and more likely to receive harsher sentences… All for the same stimulus. All of this, by the way, is true. It doesn’t account for the five-fold disparity between the black and white prison population on a per capita basis, but it is a thumb on the scale.

The juxtaposition is that the disparity between men and women in the justice system is about six times that of the racial disparity I just described. Men are more likely to be pulled over, more likely to be arrested, more likely to be charged, more likely to be convicted, and more likely to receive harsher sentences… All for the same stimulus. Sonja Starr wrote extensively on this, and despite some of her methodology being questioned, there’s general consensus that she was on to something.

So the question is that if someone is deeply concerned about inequality, that they are genuinely interested in justice for everyone, why wouldn’t you be just as, if not more concerned with the gender disparity, than the racial one? Continue reading

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The Most Unethical Sentencing Fallacy Of All: Lavinia Woodward Gets “The King’s Pass”

Oxford University student Lavinia Woodward, 24,  punched and stabbed her boyfriend in a drunken rage, then hurled a jam jar, a glass and a laptop at him. This, in the U.S., would be called a criminal assault, and maybe even attempted murder.  Ah, but British Judge Ian Pringle knows better. He agrees these acts would normally mean a prison term, but Lavinia is a star student, and wants to be a surgeon. He hinted that he would spare her prison time so that her “extraordinary” talent would not be wasted. As poor Lavinia’s barrister, James Sturman, argued, his client’s dreams of becoming a surgeon would be “almost impossible” if she had to serve time.

Well, we certainly mustn’t jeopardize a violent felon’s dreams.

This kind of reasoning is infused with The King’s Pass, also known as The Star Syndrome, the rationalization making the perverse unethical argument that the more talented, prominent, useful and important to society a miscreant is, the less he or she should be accountable for misconduct that nets lesser lights serious and devastating consequences:

11. The King’s Pass, The Star Syndrome, or “What Will We Do Without Him?”

One will often hear unethical behavior excused because the person involved is so important, so accomplished, and has done such great things for so many people that we should look the other way, just this once. This is a terribly dangerous mindset, because celebrities and powerful public figures come to depend on it. Their achievements, in their own minds and those of their supporters and fans, have earned them a more lenient ethical standard. This pass for bad behavior is as insidious as it is pervasive, and should be recognized and rejected whenever it raises its slimy head.  In fact, the more respectable and accomplished an individual is, the more damage he or she can do through unethical conduct, because such individuals engender great trust. Thus the corrupting influence on the individual of The King’s Pass leads to the corruption of others.

Judge Pringle is taking the King’s Pass/Star Syndrome to a new low: he’s arguing that Lavinia should receive special treatment based on how valuable to society she might be, given enough immunity from the consequences of her own conduct.  Continue reading

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No, Insurance Companies Treating People With Pre-Existing Conditions Differently From Other Customers Is Not “Discrimination.”

Here is a prime example of how the news media’s intentional or careless use of words warps public perception and policy.

Yesterday, the New York Times front page story about the GOP House’s health insurance bill noted in its second paragraph that the bill wouldn’t do enough to prevent “discrimination” by insurance companies against those with per-existing conditions. I have seen and heard that term, discrimination, used over and over again to describe the per-existing condition, and I apologize for not blowing the whistle on it long ago.

Using the term, which is usually used in other contexts to signal bigotry, bias and civil rights violations, is misleading and virtually defamatory. Insurance companies are businesses. They are not charities. They are not public resources. If an automobile company turns down an offer of half what a car costs it to make, it is not discriminating against that customer who made the offer. If a restaurant customer says to a waiter, “I have just four bucks, but I want you to bring me a dozen oysters, a steak, and a nice bottle of wine,” the establishment isn’t discriminating against the diner for sending him to McDonald’s.

Insureds with per-existing conditions want to pay premiums that are wildly inadequate for the coverage they know and the insurance company knows they are going to need. Insurance companies are portrayed as villains because they don’t eagerly accept customers who they know will cost them money, often a lot of money. That’s not discrimination. That’s common sense, basic business practice, fiscal reality,and responsible management. The news media and the under-cover socialists among us want to create the illusion that a company not wanting to accept customers who lose money rather than add to profits is a mark of corporate greed and cruelty, hence the use of “discrimination” as a falsely pejorative term, when the fair and honest word is “problem.” Continue reading

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Is “The Most Fabulous Story Ever Told” Being Produced By The Most Unethical Theater Company There Is?

Atlanta’s Out Front Theatre Company’s production of “The Most Fabulous Story Ever Told”  opens on April 27, but Paul Rudnick’s 1998 silly comedy that recasts Bible stories with all gay characters is being protested as blasphemous. The outraged in this case is the conservative Catholic group America Needs Fatima, whose members are particularly offended by the spoof’s portrayal of the Virgin Mary as a lesbian. It has an online petition demanding that Out Front’s Artistic Director Paul Conroy cancel the production.

Sure. Like that’s going to happen.

“I fear God’s wrath will fall upon us if reparation is not made,” the hysterical screed concludes. Over 40,000 hysterics have signed it. Yes, I’m sure that God has nothing better to do than to punish humanity for a theatrical production of a 20 year-old comedy in Atlanta. The group then threatens to oppose the play “loudly, peacefully, and legally in as large a protest as we can help make possible” if the production goes forward. Idiocy, of course. Last I heard, nobody is forcing anyone to go to see the play, and the First Amendment is pretty clear about the ability of the law to censor performances based on content. The contention from the religious right in this case mirrors the Left’s fervent efforts at the moment to censor speakers they don’t agree with and “hate speech.”

If you don’t think that you will enjoy a play, the remedy is not to go see it. Simple as that. Trying to interfere with the production in any way, or to prevent those who want to see a production in which Adam and Eve become Adam and Steve, is unethical. It is also directly contrary to the principles the United States was founded to ensure.

Okay, that settles that.

Now about Out Front Theater Company….

Continue reading

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Yale’s Core Values Betrayal: The Case Of The Student’s Unnecessarily Provocative Philosophy Essay

It certainly appears as if U.S. higher education is sailing toward the shoals of ethics bankruptcy, full speed ahead. It also appears that Yale, although it’s part of a tightly bunched armada, is leading the way.

A law suit called Doe v. Yale tells a jaw-dropping tale that once would have been unbelievable, “once” meaning “before a large segment of the culture accepted the proposition that free expression and thought were undesirable unless they met certain lockstep requirements that will ease the way to a progressive utopia.” The plaintiff, a male student, claims that Yale punished him for the offense of writing a class essay that offended a female teaching assistant.

According to his lawsuit, in late 2013 a philosophy teaching assistant filed a complaint with the university’s Title IX office, complaining about a short paper “Doe” had written in the class she was helping to teach.  The essay discussed Socrates’ discussion, recounted in Plato’s “Republic,” of the three divisions of the soul and their relationship to justice. It applied the Greek philosopher’s ideas to rape, arguing that the crime was also an irrational act in which  the soul’s appetites and spirited components overwhelm its reason, which must have primacy for mankind to be moral and just.

The Title IX coordinator, an associate dean in the Graduate School of Arts and Sciences named Pamela Schirmeister, told Doe that his essay was “unnecessarily provocative.” By daring to discuss rape, he had committed an offense against the teaching assistant. He was told to have no contact with the teaching assistant, and ordered to attend sensitivity training at the university’s mental-health center—re-education and indoctrination, in other words. “Doe” was now, he was told, a “person of interest” to Yale, meaning that that the college was now going to be watching him with a grounded suspicion that he was a potential danger to the campus.

What followed, a few months later, were two dubious accusations of sexual assault by female students, both handled with the slanted, pro-accuser, due process-avoiding  approach that has become epidemic on campuses since President Obama’s Dept of Education issued its infamous “Dear Colleague” letter in April of 2011.  Ethics Alarms has discussed some of these cases and the letter, but that is not the topic before us today.

Today the topic is the suppression of free speech, thought, and expression on college campuses.  Continue reading

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Silence U Part 2: Indoctrination At Yale, and Beyond

A new, intensely short documentary about the cultural rot underway at Yale (but not only at Yale) is worth viewing, if you have a firm grip on your skull. Yale, is, of course, the source of many U.S. leaders and opinion-makers, including Supreme Court justices and recent Presidents. As one can see from the video, it is either indoctrinating the young minds in its charge in oppressive, anti-speech and liberty ideology, or, to give a large benefit of the doubt, failing to disabuse students of toxic and anti-democratic ideas that the educational system has also seeded.

Needless to say, but I’ll say it anyway, Yale is an elite institution, a role model for others, and supposed to represent the best of higher education. Its students will take their place among the intellectual and economic elite. Nobody who has been paying attention to the logical and legal contortions being used by the supporters of “the resistance” should be surprised that our most promising students are being trained to reason like this. The question is: does it make sense for a nation to actively support an educational system that appears to have become dedicated to undermining the basic values its founding was based upon?

The former-Provost of Stanford University, John Etchemendy, recently gave a speech he called “The Threat From Within” in which he said in part.

Over the years, I have watched a growing intolerance at universities in this country – not intolerance along racial or ethnic or gender lines – there, we have made laudable progress. Rather, a kind of intellectual intolerance, a political one-sidedness, that is the antithesis of what universities should stand for. . . . We need to encourage real diversity of thought in the professoriate, and that will be even harder to achieve. It is hard for anyone to acknowledge high-quality work when that work is at odds, perhaps opposed, to one’s own deeply held beliefs. But we all need worthy opponents to challenge us in our search for truth. It is absolutely essential to the quality of our enterprise.

The problem bites when a particular ideological sect gains power, and meticulously and systematically sets out to make diversity of thought inaccessible. Professors and scholars inhospitable to progressive cant are becoming extinct on college campuses, by design, just as they are an endangered species in newsrooms and Hollywood. Over at the increasingly had-left legal website “Above the Law”—you know, the one that kept erasing my e-mail alert requests every time Ethics Alarms criticized the site; the one that employs Ellie Mystal, a black lawyer who has advocated that black jurors refuse to convict black defendants—writer Joe Patrice  mocked the concept of advocacy for “viewpoint diversity” as argued in this letter from a group of law professors: Continue reading

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The “Transitioning” Female Wrestler: A Failure Of Ethics And Common Sense

The girls wrestling champion, Matt Beggs.

The girls wrestling champion, Mack Beggs.

Mack Beggs is a competitive wrestler at Euless Trinity High School, and also is a biological female more than a year into the process of “transitioning” to male.  Beggs just won his third consecutive girls’ wrestling tournament victory in the 110-pound weight class. I’ll call him “he” because that is what the student wants to be called, and he, in great part due to the male steroid treatment he has been undergoing,  is now 55-0 on the season. All of his opponents have been high school girls who are not taking steroids, and unlike Mack, do not intend to become, for all intents and purposes, male.

While Beggs says he wants to wrestle in the boy’s competitions,  the University Interscholastic League rules use an athlete’s birth certificate to determine gender, a measure that makes sense in most cases, just not this one. (See: The Ethics Incompleteness Principle) The rules prohibit girls from wrestling in the boys division and vice versa, and rules are rules. If you are a rigid, non-ethically astute bureaucrat, you follow rules even when you know that they will lead to unjust, absurd results, like Mack’s 55-0 record in matches.

The  rules also say that taking performance enhancing drugs like the testosterone that has given Beggs greater muscle mass and strength than his female competitors is forbidden, but  UIL provides an exception for drugs prescribed by a doctor for a valid medical purpose. After a review of Beggs’ medical records, the body granted him permission to compete while  taking male steroids—compete as a girl, that is.  Rules are rules!

One athletic director, after watching Beggs crush a weaker female competitor who left the ring in tears,  asked for his name not to be used as he commented to reporters, and opined that “there is cause for concern because of the testosterone,” and added, “I think there is a benefit.”

Really going out on a limb there, sport, aren’t you?

Here, let me help.

This is an unfair, foolish, completely avoidable fiasco brought about by every party involved not merely failing to follow ethical principles and common sense, but refusing to. Continue reading

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