duty to rescue

Confounding Update To The United/Tahera Ahmad/Diet Coke Episode

/ Jack Marshall / 10 Comments

Question_markWhen I posted with disgust on the Tahera Ahmad story (a Muslim-American woman who reported on Facebook that she was discriminated against by a stewardess and subjected to verbal abuse by a passenger on a United Airlines flight, and that no passengers came to her aid of defense), I noted that the facts seemed hard to believe, and that my commentary was based on a presumption that the account was true without knowing whether they were.

Now there have been two developments that provide additional perspective on the incident, and no enlightenment whatsoever.

First, United announced that it has investigated the incident, and fired the flight attendant. This would suggest that Ahmed’s account had at least some validity…or that the flight attendant got a fat settlement as United fired her to avoid a public relations battle with Muslim groups.

Second, this was posted on FlyerTalk Forums: Continue reading →

Ethics Dunces, “What The Hell Is The Matter With You People?” Division: Everybody* On United’s Chicago-D.C. Flight Except Tahera Ahmad

/ Jack Marshall / 54 Comments
taheraAhmad

Feared soda can hijacker Tahera Ahmad

I don’t understand how this episode could happen as it has been described. I am assuming for the purpose of the post that it did, and thus have almost nothing to add to the story other than to ask “What the hell is the matter with these people?”

Tahera Ahmad, an associate chaplain and director of interfaith engagement at Northwestern, described the alleged incident on Facebook while she was on the United flight from Chicago to Washington, D.C. Friday night.She wrote that she was in tears following an ugly episode that began with her request for a Diet Coke when the beverage service reached her row. The flight attendant had given her an opened can of Diet Coke. When Ahmad requested an unopened can, the flight attendant told her, “Well, I’m sorry. I just can’t give you an unopened can, so no Diet Coke for you.”

Then the same flight attendant gave another passenger an unopened can of beer. Ahmad said she asked why the man was given an unopened beverage can, but she was forbidden from having one. The flight attendant, according to Ahmad, replied, “We are unauthorized to give unopened cans to people, because they may use it as a weapon on the plane.”

Ahmad told the flight attendant she felt she was being discriminated against, and the flight attendant quickly grabbed the man’s beer can, opened it and said, “It’s so you don’t use it as a weapon.”  When Ahmad asked for support from other passengers,  a man sitting in an aisle across from her said, “You Muslim, you need to shut the fuck up,” Ahmad said.

“What?” a shocked Ahmad said. The passenger looked her in the face and said, “Yes you know you would use it as a weapon, so shut the fuck up.” “Some people just shook their heads in dismay,” Ahmad wrote on Facebook. But nobody rose to her defense.

After the flight, the attendant and the pilot apologized to her, and  United issued a lame mea culpa. It doesn’t matter. Everybody on the plane except for Tahera Ahmad should hang their heads in shame.

What the hell is United (or whoever made the “unopened can” policy, if there really is such a deranged policy) thinking? A can of soda is a weapon? There must be hundreds of things in carry-on luggage that would make a more plausible weapon than a soda can. Like pens. Like laptops. Like powercords. Like dop kits. Like electric razors.

Like fists and feet. Ridiculous.

Gee, I always thought they opened those cans to be nice…

What the hell was the flight attendant thinking? Making that excuse to Ahmad, and then handing a male passenger an unopened can right in front of  her? What an obvious insult! Continue reading →

Ethics Quiz: Once Again, Bystander Ethics, The Duty To Rescue, And The Imperiled Child

/ Jack Marshall / 27 Comments

clarkkentThe free-range kids debate already raised this issue, and now my colleague and friend Michael Messer, the talented and versatile musician/singer/ actor who teams with me in the ProEthics musical legal ethics programs Ethics Rock, Ethics Rock Extreme, and Ethics Jamboree, just posted about his traumatic experience on Facebook, writing,

“I’m standing in Central Park and witnessed a tourist father grab his (approx 5 year old) child by the arm and shake him… The. open palm smack his child in the head. Hard. Twice. I screamed to him, from about 50 feet, where I witnessed it: “HEY!!! YOU DON’T HIT HIM” he looked up, startled to be called out, and waved me off to mind my business. “YOU DO NOT HIT A CHILD IN THE HEAD”, I repeated, at the top of my lungs, hoping to attract attention. The kid cried and then got himself together and went off to play. No one else in Sheeps Meadow saw or took notice. For about 5 minutes after I kept my eyes on him so he knew he was now being watched. What is the role of a bystander in this situation?”

Your Ethics Alarms Ethics Quiz for the day is…

What is the role of a bystander in this situation?

The answer is simple, really—its that oft-repeated Ethics Alarms mantra, “FIX THE PROBLEM,” at least as much as you can. Do something. Mike did the right thing, from a distance: show the abuser he’s being observed, protest, shame him. If one can, if one has the ability, the skill and the timely reaction and the child looks to be in genuine danger, intervene physically.

The latter course, however, carries risks, and also may be precluded by the natural reflex most humans have when they observe something unexpected and shocking. I discussed this issue when Penn State assistant coach Mike McQueary was being pilloried in some publications for not immediately charging into the Penn State showers and stopping sexual predator Jerry Sandusky from sexually abusing a boy: Continue reading →

The Sixth Annual Ethics Alarms Awards: The Worst of Ethics 2014 (Part 2)

/ Jack Marshall / 21 Comments

Rice and Janay

Ethics Corrupter of the Year

(Awarded to the unethical public figure whose prominence, popularity and success most corrupts the public’s ethical values)

Janay Palmer Rice, beloved punching bag of NFL star Ray Rice, who was caught on camera smooching with her man shortly after being cold-cocked by him in a hotel elevator, married him, and has repeatedly defended her husband, prompting confused female pundits to defend her. She is not only the embodiment of Rationalization #42. The Hillary Inoculation, or “If he/she doesn’t care, why should anyone else?”, she is also a good bet to get some young women killed by giving them a role model who stands for standing by your abusive man with the hard right hook.

Double Standard Of The Year

In a year of double standards, the treatment of soccer star (and accused child abuser) Hope Solo by her sport, feminists, the media and the public takes the prize. The standard, as I understand it, is that big, strong female athletes can beat up smaller, weaker family members with impunity, and it’s no big deal, but when a male athlete does the same, he is scum. Got it.

Uncivil U.S. Official of the Year

Victoria Nuland, Assistant Secretary of State for European and Eurasian Affairs and the top American diplomat in Europe, was caught saying in a viral Youtube video saying “Fuck the EU.”  Now that’s diplomatic. Of course, she wasn’t fired, because she works for the Obama Administration

The Jesse Jackson Award 

(For the Year’s Worst Amateur Diplomat)

mo_selfie_lg

First Lady Michelle Obama, who helped her husband make the U.S. look weak and ineffectual (he needs no help), by engaging in this ridiculous effort at hashtag diplomacy. Those kidnapped girls were never found, and Boko Haram, the Nigerian terrorist group that took them, I learned today, just killed a reported 2000 more victims. Time for another sad picture, Michelle!

Most Unethical Sports League

The NFL, last year’s winner, was even more unethical this year, with the Ray Rice and Adrian Peterson fiascos, Commissioner Roger Goodell showing no innate instinct for right and wrong and both the league and its teams making up rules and policies according to talk show calls, polls and wet fingers in the air. Meanwhile, it’s still making billions paying young men to lobotomize themselves. What a great sport.

Sports Cheat of the Year

Alex Rodriguez, suspended Yankee star, had denied, denied, denied, threatened to sue Major League Baseball and the union, and insisted that he had not, as an investigation had determined, used performance enhancing drugs supplied by Biogenesis. Then, just as his season-long suspension was lifted, it was revealed that A-Rod had, under oath, admitted using steroids from 2010 to 2012.

Annual Sports Ethics Controversy That Gets Worse Every Year

Steroid cheats (like Rodriquez) and their fitness for admission to Baseball’s Hall of Fame

Unethical Lawyer of the Year

Michael Fine, the Ohio lawyer who allegedly hypnotized female clients in order to sexually molest them.  Runner Up:  Alexa Van Brunt. She didn’t do anything unethical; she just advocates ethics rules that would eliminate the core of legal ethics, proving that she doesn’t understand her own profession.

Unethical Judge of the Year

judge_mccree

Wade McCree, the handsome devil pictured above (he circulated this selfie), who, presiding over a felony child-support case, conducted a secret sexual relationship with the woman seeking support from the defendant. This was just the latest of his embarrassments.  Runner up: Texas District Judge Jeanine Howard, who handed down a stunningly lenient sentence of probation and 250 hours of community service at a rape crisis center for a man who confessed raping a 14-year old girl at her school.

 

Unethical National Broadcast Journalist Of The Year

CNN’s Carol Costello. She was biased, smug and incompetent all year long, but reached her nadir when she gleefully played a recording of Bristol Palin explaining to police how she had been assaulted, saying to her viewers, “You can thank me later.” She refused to apologize on the air, or to Palin. Continue reading →

“Drunk Girl In Public”: This Trend Will Ruin Trust, Spontenaity, Kindness and Fun, and There Is Absolutely Nothing We Can About It Except Complain

/ Jack Marshall / 7 Comments

I guess it all began with Allen Funt.

If Allen knew what he would be starting, he would have opened a deli.

If Allen knew what he would be starting, he would have opened a deli.

Back in the Fifties, he came up with the idea of using a hidden camera to record the reactions of innocent bystanders “in the act of being themselves.” He staged situations, sometimes Twilight Zones set-ups like a door that opened for everyone but the target, and filmed the results, first for a guest segment on TV talk shows and finally on his own, long running hit, “Candid Camera.” Funt would never have dreamed of using actors and faking the reactions, because first, he didn’t need to; second, if he was caught, it would ruin him; and third, he was an honest professional. The idea, however, has thoroughly metastasized in all directions, to “practical joke shows,” reality shows, and such monstrosities as ABC’s “What Would You Do?” and James O’Keefe. Perversions were limited as long as the shows were restricted to television, but now YouTube makes everyone a potential producer, and among the thousands trying to create a viral video, there are many, perhaps most,  who are not decent, ethical professionals like Allen Funt, but just greedy jerks who will gladly cheat, lie to and humiliate others to gain fame and fortune. Continue reading →

50 Years After Kitty Genovese, Inhumans On A Bus

/ Jack Marshall / 67 Comments

The title describes the public transit riders who watched this disturbing scene unfold on a Philadelphia bus, and did nothing:

2014 is the 50th anniversary of the infamous Kitty Genovese case, and dueling books on the incident either recount the accepted version that 38 people in an apartment building heard the 28 year-old woman’s screams as she was being stabbed to death but “didn’t want to be involved” and let her die, or adopt the revisionist theory that the apathy of bystanders was unfairly and inaccurately hyped by the news media. The incident on the Philadelphia bus tells me that the revisionists have a burden of proof that will be hard to meet. There was plenty of evidence already, like here, or here, or here, or here, or more recently here, that Kitty Genovese might not fare any better today. Continue reading →

Déjà Vu: In D.C., It’s The Brooklyn EMTs All Over Again. How Can This Happen Even Once?

/ Jack Marshall / 12 Comments
"Hey, I'm ready! Just go through the proper channels, and I'm On it! You can count on me!"

“Hey, I’m ready! Just go through the proper channels, and I’m On it! You can count on me!”

I guess it’s a sign of longevity that some ethics stories are recurring so exactly that I can handle them with previous posts. I never wanted to see this one repeat, however.

In 2004, two EMT’s let a pregnant woman die in front of them without offering aid, because they were on a break and wouldn’t abandon their coffee and bagels to save a mother and her unborn child. (They were suspended and yet kept their jobs.) Over the weekend, in Washington, D.C., a 77-year-old man, Medric Cecil Mills, collapsed across the street from a fire station. The man’s daughter ran across the street to seek help, and the firefighter she spoke to explained that he couldn’t respond until being dispatched and instructed her to call 911. The man died.

[A black humor note: when 911 was called and a rescue vehicle dispatched, it went to the wrong address.] Continue reading →

The Cabbie’s Ethics Tale

/ Jack Marshall / 7 Comments

Back of a cab

A frustrating aspect of my business travel, other than that raw fact that travel itself is inherently frustrating, is that I accumulate a backlog of ethics issues but am often unable to take the time to write about them until I return home, where I am again free of airplane delays, unreliable internet connections, sleepless nights and dimly lit hotel rooms apparently designed for the comfort of Jose Feliciano. The occasional compensation arrives in the form of enlightening conversations with fascinating people.

One of these was a cab driver on my latest trip. We shared the same space on an interminable ride from the airport to the hotel, the last leg of a theoretical ninety minute journey that stretched into 6 horrible hours. He was an educated, articulate, lively minded man whose life story (so far) would make an entertaining, if inherently incredible, movie. An African American son of two wealthy academics, he misbehaved in a ritzy private school and was sent, as punishment, to finish his high school years in an inner city private school. There he encountered drugs, gangs, bullying and racism, and became a strong social conservative. He dropped out of high school, entered the military and ended up in the Special Forces in the Middle East; he returned, graduated from college, went into the financial industry, rose quickly, got rich. He told me that he saw all of the cheating and manipulation in his own company and the industry in general, but did nothing about it (the money was too good, he said). Then came the crash. He lost everything, including his wife and kids, in the carnage. Resolved, he said, to work for justice and ethics, my driver had just graduated from law school and flunked his first try at the bar exam. (So did my dad, who would have liked this guy a lot.)

We got on the topic of the “bystander syndrome” and our duty to intervene and sometimes confront wrongdoers even at some personal risk—-the subject came up in the context of the Brooklyn EMT who has  been cleared of criminal charges arising from her refusal to assist a pregnant woman who had a heart attack (The EMT was on break, you see. I wrote about that terrible incident here. ) My cabdriver was a large, burly man, but he said that every time he intervened to confront a wrong doer in public, he feared that he would be shot. Once, when he stopped a man in a wheelchair from beating the man’s apparent girlfriend, he told me, my cabbie found himself staring down the barrel of a .44. This story, however, had a very different resolution: Continue reading →

Superhero Ethics: The Duty To Rescue

/ Jack Marshall / 12 Comments
Which is the cold, calculating, utilitarian face?

Which is the cold, calculating, utilitarian face?

In the new Superman film, Supie fails to rescue an important character in distress after the character requests that he allow him to perish.

Lawyer and superhero obsessive James Daily, co-author of “The Law and Superheroes” and the Law and the Multiverse blog, has taken to his keyboard to examine whether the transplanted Kryptonian had a legal duty to rescue the victim anyway.

His conclusion, and the law’s, is no. Daily writes,

“People are sometimes surprised to learn that, by default, there is no obligation under American law to help or rescue other people…Even “Good Samaritan” laws do not create an obligation to act as a Good Samaritan, but instead only encourage such acts of kindness by shielding some would-be rescuers from legal liability if they accidentally end up hurting rather than helping the victim. This “American rule” (not to be confused with the American rule for attorneys’ fees) applies even when a life could be saved with the most minimal of effort. As a result it has been called “morally repugnant” and “revolting to any moral sense,” but it is nonetheless the law in most states….” Continue reading →

The Glenwood Gardens Incident: A Duty To Rescue, Policy Or Not

/ Jack Marshall / 8 Comments
"Here at Glenwood Gardens, our residents understand that our crack staff will allow them to die on the floor without lifting a finger."

“Here at Glenwood Gardens, our residents understand that our crack staff will allow them to die on the floor without us lifting a finger.”

Once again, we consider the ethical duties of someone placed by fate and circumstance in a position to give life-saving service…and who refuses to do so.

Lorraine Bayless,  87 year-old resident of Glenwood Gardens, a Bakersfield, California senior living facility, collapsed on the dining room floor, not breathing, her life obviously in danger.  A Glenwood Gardens staff member who identified herself as a nurse called 911, and this exchange ensued…

911 Dispatcher: “This woman’s not breathing enough. She’s gonna die if we don’t get this started. Do you understand?”

Nurse: “I understand. I am a nurse. But I cannot have our other citizens, who don’t know CPR, do it … ”

Dispatcher: “Is there anyone that works there that’s willing to do it?”

Nurse: “We can’t do that.”

Dispatcher: “Are we just gonna let this lady die?”

Nurse: “Well that’s why we’re calling 911.”

Dispatcher: “Is there anyone that’s willing to help this lady and not let her die?”

Nurse: “Um, not at this time.”

The 87-year-old was declared dead at the hospital. Continue reading →