domestic abuse

Did Oscar Hammerstein Jr. Have an Ethics Problem?

/ Jack Marshall / 12 Comments

A series of random events have caused my mind to wander over to “Carousel,”the second musical by the legendary team of Richard Rodgers (music) and Oscar Hammerstein II (book and lyrics), following their ground-breaking “Oklahoma!” The 1945 work was adapted from Ferenc Molnár’s 1909 play “Liliom,” and although it is a favorite of most critics (declared by TIME as the best musical of the 20th Century, for example, but what does TIME know?), its plot and characters become more troubling the longer one thinks about them. Rodgers said it was his favorite of his musicals with Oscar, and he was definitely in top form; I think his Overture to “Carousel” may be the best thing he ever wrote.

For the “hero” of the musical, Billy Bigelow, is a thug, a dolt, and a domestic abuser. I found the musical hard to take even as a kid for those reasons. When, in his justly famous song “My Boy Bill” after learning that he is going to be a father, Billy suddenly realizes that he might end up with a daughter instead (this only occurs to the big dummy two-third of the way through), his immediate conclusion is that he’ll rob and steal if that’s what it takes to raise her. Sure enough, that’s what he does: ultimately Billy gets himself mixed up in a dumb robbery scheme that goes sideways, and he is killed. The whole show is about his bad decisions and an ultimate opportunity given to him by God (or someone) to leave Purgatory (where everyone has to polish stars) and go back to Earth for a day to try to clean up the mess he’s made.

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Addendum To “An Ethics Conflict Conundrum: The Fraudulent Friend”

/ Jack Marshall / 2 Comments

Apparently my choice of words confused some readers when I wrote that once “The Ethicist’s” inquirer in this post was made aware of a serious fraud (and an ongoing one) perpetrated by a close friend, she had become an accessory after the fact. That’s a legal term of art and I was careless to use it in nontechnical context. Almost no one is ever charged as an accessory for not blowing the metaphorical whistle, but the woman nonetheless shared responsibility for the harm done by the ongoing fraud by knowing about it, having the ability to stop it, and not doing so, thus letting it continue.

The duty she breached was an ethical one, not a legal one. As I said, I should have been clearer.

I am reminded of a personal experience that might clarify the issue further. I may have even related this story in another post; if so, I can’t find it, and it is worth repeating.

A lawyer friend contacted me for advice. He had been meeting with a client at the client’s home, and overheard, in the kitchen, a loud argument between his client and his wife culminating in what sounded like a hard punch in the face, the woman crying out in pain, and someone falling on the floor. My friend said he had said nothing, but was increasingly bothered by what he heard.

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Trevor Bauer Is Guilty Until Proven Innocent, And His Punishment Will Be Complete Before Such Proof Can Occur

/ Jack Marshall / 8 Comments

Bauer

This is what #MeToo has wrought.

Dodgers pitcher Trevor Bauer, last year’s Cy Young winner as the best pitcher in the National League and currently the game’s highest paid player, hasn’t been able to pitch for his team since late June. The reason: he has been accused of domestic abuse. Accused.

Ethics Alarms first reported on his story here, writing,

“A restraining order was taken out against Dodgers pitcher Trevor Bauer, last year’s National League Cy Young winner. Bauer is a sportswriter favorite for his outspoken social media presence and progressive politics, so this will be a blow to the sportswriting woke. The woman making the allegations had what started as a consensual relationship with the pitcher, but in a 67-page document, alleges that Bauer assaulted her on two different occasions, punching her in the face, vagina, and buttocks, sticking his fingers down her throat, and strangling her to the point where she lost consciousness twice, an experience she said she did not consent to. After the second choking episode, the woman awoke to find Bauer punching her in the head and face, inflicting serious injuries. She contacted police, and there is now an active investigation of Bauer by the Pasadena, California police department. If any of her account is true, Bauer faces serious discipline from baseball, which has been (finally) cracking down on domestic abuse by players in recent years.”

I seriously miswrote, and should have known better. Baseball has a well-established tradition of taking action against players regardless of whether accusations have been proven. Indeed, the eight Chicago Black Sox who were accused of throwing the World Series in 1919 had been acquitted by a jury (They were guilty as sin, but then so was O.J.) were banned from baseball for life anyway. Pete Rose was banned for betting on baseball games before the evidence was definitive (Pete eventually confessed years later).

The next time I wrote about Bauer‘s case was a month later:

“Dodgers pitcher and reigning Cy Young winner Trevor Bauer, remains in limbo and under administrative, paid leave while baseball investigates the horrific allegations of abuse against him. Meanwhile, the Dodgers players have told reporters that they don’t want him back, though whether this is because he is an infamous pain in the neck or because he beats up women is unclear. Since the MLB policy appears to be based on “believe all women” and a “preponderance of the evidence” standard rather than “beyond a reasonable doubt,” I find it ethically troubling. (It resembles the way the Obama and Biden administrations want campus sexual abuse matters to be handled.) If, and I think this is doubtful, Bauer escapes charges and is still suspended, he is an excellent bet to challenge MLB’s “guilty until proven innocent” approach in the courts. Pains-in-the-necks have their uses.”

Last week, Major League Baseball and the MLB Players Association agreed to extend the Bauer’s administrative leave (he’s still being paid) through the end of the World Series, which the Dodgers still have a fighting chance to be part of should they make the play-offs. There has been no new evidence since June; the accusations against Bauer remain just that. He denies them, saying that the rough sex he had with his accuser was entirely consensual, and that he is the victim of a shakedown.

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Friday Late Morning Ethics Warm-Up, 7/30/2021: Pot, Bribes, “Advocacy Journalism,” Baseball’s Domestic Abuse Policy, And How Did A Woman Win The Gold In The Men’s Decathlon?

/ Jack Marshall / 15 Comments

White rabbit 2

I often check multiple websites to see what of ethics significance occurred on given dates. This July 30 isn’t a major ethics day, though the fiasco that resulted in 1864 when the serially incompetent Union General Ambrose Burnside made his third major blunder of the Civil War in the Battle of the Crater carries a crucial leadership lesson that apparently is impossible to learn: don’t give incompetent leaders second (or third) chances to lead.

However, on one of the sites, “This Day in History,” the headline on a note reads, “1976: Caitlyn Jenner wins Olympic decathlon.” That may be politically correct, but it’s cowardly (would the trans activist mob pounce if the event was stated straight?) and absurd on its face. Bruce Jenner won the Olympic decathlon, and it was a men’s event. Caitlyn was, as far as we know, not even a twinkle in his eye. Bruce fathered children after winning the gold; the event and the other events in his life when he was a he were not magically altered by his later transgender journey, like “Back to the Future.”

1. “Nah, there’s no mainstream media bias” note of the day. Frequent commenter and invaluable tipster Steve Witherspoon sent me a link to a Jonathan Turley column I had missed. The law professor covers a lot of issues we have discussed here as he notes that “Professional ethics, it seems, has become entirely impressionistic in the age of advocacy journalism.”

It seems? There is no question about it. Turley also points out the hypocrisy of the Times with several examples, writing, “If none of this makes sense to you, that is because it does not have to make sense. Starting with the [Senator Tom] Cotton scandal, the New York Times cut its mooring cables with traditional journalist values. It embraced figures like Nikole Hannah-Jones who have championed advocacy journalism.” He also notes that “while the Times has embraced advocacy journalism, its has not updated its guidelines which state that “Our journalists should be especially mindful of appearing to take sides on issues that The Times is seeking to cover objectively.”

Read it all, and I recommend sending it to any friend or relative who calls assertions that the news media is a left-wing propaganda machine at this point “conservative disinformation.”

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Noonish Ethics Battles, 7/1/2021: “Remember Gettysburg” Edition

/ Jack Marshall / 3 Comments

Gettysburg

July 1 marks the first day of the epic Battle of Gettysburg, which could fairly be celebrated as the beginning of the end for the Confederacy and slavery. Like so many pivotal moments in our history, this one came about by random chance, with Lee’s army and the newly installed Gen. Meade’s Army of the Potomac stumbling into each other in a Pennsylvania country town in 1863. For three days, a bloody and complicated battle engulfed the area, with so many ethics lessons in the process that I fear I won’t be able to cover all of them this week. [ Guest posts on the topic will be welcome!] I am hoping to visit the battlefield again this year—this week will be tough, unfortunately. I will definitely find time this week to watch Ted Turner’s excellent and even-handed film about the battle, highlighted for me by the performances of Jeff Daniels as Joshua Chamberlain, Tom Berrenger as Longstreet, and the late Richard Jordan as General Lewis Armistead, as well as the dramatization of Picket’s Charge, and the score by Randy Edelman.

1. Baseball sexual misconduct notes…A restraining order was taken out against Dodgers pitcher Trevor Bauer, last year’s National League Cy Young winner. Bauer is a sportswriter favorite for his outspoken social media presence and progressive politics, so this will be a blow to the sportswriting woke. The woman making the allegations had what started as a consensual relationship with the pitcher, but in a 67-page document, alleges that Bauer assaulted her on two different occasions, punching her in the face, vagina, and buttocks, sticking his fingers down her throat, and strangling her to the point where she lost consciousness twice, an experience she said she did not consent to. After the second choking episode, the woman awoke to find Bauer punching her in the head and face, inflicting serious injuries. She contacted police, and there is now an active investigation of Bauer by the Pasadena, California police department. If any of her account is true, Bauer faces serious discipline from baseball, which has been (finally) cracking down on domestic abuse by players in recent years.

Also yesterday, MLB suspended the former New York Mets general manager Jared Porter at least the end of the 2022 season.   Porter was fired from the Mets in January after an ESPN investigation revealed that he had harassed a female reporter in 2016 when he worked for the Cubs.

Craig Calcaterra, the lawyer sports pundit, supplied the facts here, and I am grateful for that. I would love to subscribe to his substack newsletter, but every issue I read includes Craig’s apparently incurable progressive bias where it doesn’t belong, and I’m just not paying for that. This time, for example, he cites the Bauer, Porter, and Bill Cosby stories to justify the proposition that “we believe [women] when they say what happened to them,” a stunning thing for a lawyer to say. How Kirsten Gillibrand of him! Later, as if this belongs in a baseball news letter, Craig cheers the death of Donald Rumsfeld as an architect of an “Illegal and immoral” war.

All war is immoral to some extent, but the Iraq War, while in hindsight a mistake, was not illegal except in left-wing talking points. Craig should know better, and maybe he does, but in any event, foreign policy and international law are not his areas of expertise. The degree to which wokism has rotted his brain also shows up in his inclusion of an insulting trigger warning before his account of the Bauer allegations: “Warning: the following contains allegations of sexual assault and violence that may be difficult to read.” Oh for heaven’s sake: “Finnegan’s Wake” is difficult to read. News is life: stop treating adults like children.

You can subscribe to Craig’s excellent baseball observations and juvenile political commentary here.

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The Murder of Megan Montgomery And The Death Of Journalism [Corrected]

/ Jack Marshall / 9 Comments

-megan-montgomery-jason-mcintosh

Here is the NBC News headline: “The state of Alabama took his gun away. When authorities gave it back, he shot and killed his wife.” Here is the sub-head: “Alabama authorities took his gun away after a violent domestic incident. Nine months later they gave it back, and he used it to shoot and kill his wife.”

And this is what readers don’t learn until, (let’s see) 17 paragraphs into the story:

“On the night of Feb. 23, 2019, [Megan] Montgomery and [Jason] McIntosh got into a physical altercation at their home. Fellow officers from McIntosh’s department responded to a 911 call from McIntosh, who reported that Montgomery had a gunshot wound. According to the responding officers, Montgomery said she had grabbed McIntosh’s duty weapon with her right hand for her own protection. The two began to struggle for the weapon. Montgomery, 5’8″ and 135 pounds, was shot in her upper right arm. McIntosh, 6’4” and 225 pounds, told the responding officers that during the struggle he thought Montgomery had his cell phone in her hand. According to the report, McIntosh said it was only when the gun went off and the bullet hit his wife that he realized they’d been fighting over a gun. Because McIntosh was a police officer, the head of the Alabama Law Enforcement Agency (ALEA) ordered Special Agent Vince Cunningham to investigate the incident….Cunningham took McIntosh’s firearm as evidence. He interviewed Montgomery on Feb. 26, 2019. She told him that during the incident “she was afraid,” according to the investigative summary written by Cunningham…The ALEA summary says that when Montgomery was asked if the shooting was an accident, she said yes. The summary also says that the officer who took Montgomery to the emergency room told Cunningham that when doctors asked Montgomery what happened, she told them, “He shot me.”….The district attorney did not file charges, concluding in a letter there was “no evidence of the commission of any felony offenses by either Mr. Mcintosh or Ms. Montgomery.” The DA left open the possibility that the City of Hoover could file a misdemeanor offense against either one of them. That never happened. Meanwhile, McIntosh was repeatedly texting ALEA Special Agent Cunningham asking to get his gun back, according to documentation reviewed by NBC News. McIntosh claimed he needed the gun to get a new private security job….Though he had used it as a duty weapon with the Hoover Police Department, the gun was his personal property.”

That is all material information necessary to understanding the tragic incident, isn’t it? Indeed, if the story is really intended to let readers know what happened and why, that part of the story needed to be part of the narrative, right at the beginning. Instead, the reporters set out to spin the facts to maximize anti-gun rights sentiment. An estranged wife with a history of physical altercations with her husband was shot and killed by him after an earlier incident involving his gun, after she had filed for divorce, after a restraining order, and after he had been given his gun back by the backwards state of Alabama. Outrageous! How could that happen?

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Sunday Ethics Warm-Up, 8/23/2020, As If Anyone Needs To be Warmed Up Today…

/ Jack Marshall / 18 Comments

Hot enough for ya?

1. False narrative, bad analogy. The popular media narrative is that President Trump is in a similar position to George H.W. Bush in 1988, when polls at this point showed him trailing Democratic Presidential nominee Michael Dukakis by a large margin. Conservative media had cited the comparison earlier this summer to make the simple point that being behind in the polls in July is relatively meaningless. Lately the mainstream media has been flogging the analogy in order to continue its doomsday prediction for the Trump campaign.

“Bush ’88 rally could be map for Trump ’20” is somehow deemed worthy of a front page spot in the Sunday Times. To begin with, that’s fake news of the “future news” variety. (“…or, it might not be.”) More importantly, it’s straw man: the article exists to to show that President Trump may not be able to prevail, because, you see, having begun with the false assertion that his situation is similar to Bush’s, the Times explains that the situations aren’t that similar at all. The bad analogy is created to rebut it.

In fact, the differences between the Bush challenge in 1988 and Trump’s in 2020 mostly favor the President. Bush was never a popular figure; he was distrusted by conservatives, and only was nominated because an epicly popular President, Ronald Reagan, anointed him as his approved successor. (Barack Obama, in contrast, avoided “anointing” Biden.) A strong Democratic opponent would have beaten Bush; Dukakis was weak. He was ahead in the polls when nobody outside of Massachusetts knew what  he was like. Trump has a large base of passionate supporters, something Bush never had. He is an incumbant (Bush was not), and if they run, incumbents almost always win. Bush was an awful debater; Trump has proven effective in debates. And while Dukakis was completely supported by the liberal wing of the party, Biden has critics on the hard left, among feminists (the non-hypocrite faction), and African Americans. The Democratic party of the 1980s had not spent four years trying to overturn an election. Moreover, polls are less reliable now than they were before news media bias began warping them, and Trump’s support, as the last election showed,  is especially hard to measure. Continue reading →

When Ethics Alarms Don’t Ring: The Michael Bublé Video

/ Jack Marshall / 12 Comments

International singing superstar Michael Bublé has  been joined by his wife, Luisana Lopilato, on Instagram Live every day during the pandemic, entertaining his homes-bound fans. However, as you can see in the video above, a moment last week in which he elbowed Luisana with a hint of malice during a recent video livestream had creepy vibes, and it disturbed many viewers. The moment took only a second: as she started speaking over him, he made deliberate contact with her in a flash of anger, and she apologize to him. The celebrity news media, always eager for a scandal, publicized and criticized the incident, as the singer was flamed on social media.

I heard about the episode, and approached it assuming that it was a #MeToo over-reaction, with the singer becoming an innocent target being prepared as q sacrifice  for the greater good of womankind. Then I saw the clip, as well as some of the others shown in the  video above. Boy. I don’t know.

What I saw would make (and has made, in the past)  me very nervous if I observed the same kinds of interactions and body language between any couple I engaged with socially. How hard should it be to display good manners and not engage in questionable conduct like that on a live TV broadcast? The fact that the singer reacted instinctively in such an ugly manner strongly suggests that this is normal conduct for him, or worse, that he was restraining himself. Continue reading →

The Houston Astros May Be Trailing In The World Series, But With Assistant General Manager Brandon Taubman They Have A World Champion Ethics Dunce…[UPDATED]

/ Jack Marshall / 9 Comments

‘Why am I smiling! Because I love our closer! He’s got a great fastball, and a great left cross! Aw, lighten up!’

What an idiot.

What an ethically clueless idiot.

The prelude: Last season, the Houston Astros, now embroiled in a World Series with the underdog Washington Nationals, embarrassed themselves by violating the team’s own stated domestic abuse policy by trading for closer Roberto Osuna from the Toronto Blue Jays. The 23-year-old Osuna had just completed a 75-game suspension from MLB for allegedly beating up his wife. The Blue Jays had announced that he would not be a member of their team going forward, despite the fact that he was regarded as one of the best late-inning relievers in the game. Even though the Astros had previously announced a “no-tolerance” policy toward domestic abusers, the team enthusiastically proclaimed their acquisition of Osuna, saying, among other hypocritical  and self-contradictory blather, that the team was “confident that Osuna is remorseful, has willfully complied with all consequences related to his past behavior, has proactively engaged in counseling, and will fully comply with our zero tolerance policy related to abuse of any kind.” At the time, I partially translated the ridiculous double-talk thusly:

…In the interest of winning and because the ends justify the means, we are suspending our “zero-tolerance” policy regarding “abuse of any kind” to tolerate a player whom Major League Baseball has determined to be a very serious abuser. I don’t know how we’re going to tell another player who is credibly accused of less serious abuse that we won’t tolerate his presence on the team when we just voluntarily brought an abuser onto the team, but never mind: there’s a pennant to win. I’m pretending that Roberto has complied with all consequences related to his past behavior when he is currently pleading not guilty in his pending Canadian trial on battery charges, in the hope that most fans aren’t paying attention.Thank you.”

The Astros are NOT the favorite team of feminists, #MeToo advocates, or anyone who does not appreciate the King’s Pass being given to men who slap women around.

The latest episode:  From Sports Illustrated: Continue reading →

Exhibit A On Why It Is Crucial To Understand Moral Luck: The Samuel Lee Scott Affair

/ Jack Marshall / 9 Comments

St. Louis Bail Project is under attack for bailing out Samuel Lee Scott, who was in jail pending domestic abuse charges and couldn’t pay the court-ordered bond. Once Scott was free, he went home and killed his wife.

The bail system, which is being re-examined across the country, obviously discriminates against the poor. The idea underlying bail is to get the accused out of jail before trial, since he or she is by definition not guilty, and to create  a financial incentive for the accused to appear for trial. The system penalizes poverty, so non-profits like  the St. Louis Bail Project use their resources to allow poor defendants to have the same options rich ones do. It is an ethical mission.

The fact that this one bailee committed murder is pure moral luck regarding the Bail Project. The Project does not second guess the judge’s decision to allow bail, or the system’s determination that Scott wasn’t a flight risk or a danger to the community. Indeed, there may have been no reason to expect that Scott would kill anyone. That he did was moral luck, and cannot be logically or fairly applied retroactively to the St. Louis Bail Project’s decision to pay his bail. The fact that bail was set indicates that the system did not regard him as a threat.

The episode could justifiably spark a debate regarding when and if domestic abusers should be provided with an opportunity to go home, and whether bail in such situations should include a requirement that they live apart and stay away from the alleged victim. What it should not do is cause organizations like the St. Louis Bail Project to doubt the importance of their mission.