The Supreme Court Looks at Miranda and Ethics

The recent Supreme Court ruling in Berghuis v. Thompkins is another in the long line of opinions attempting to determine what the familiar words (to all you “Law and Order” fans), “You have the right to remain silent” really mean. At its core, however, it is about ethics.

The various opinions interpreting the landmark 1966 case ruling in Miranda v. Arizona, which ended the common police practice of sweating, beating and otherwise coercing confessions from criminal suspects in marathon interrogation sessions had, amazingly, never before dealt with the wrinkle presented in Thompkins. The suspect in a shooting was given the Miranda warning, but never said that he wanted his lawyer or that he refused to testify, as he had the right to do. He just sat through almost three hours of questions without saying a word, and then, near the end, uttered a one word answer, “Yes,” to the question of whether he would pray to God for forgiveness for the shooting.

This admission helped convict him at trial. Continue reading

Avocations and Conflicts of Interest, Part II

As if to give ethical guidance to conflicted umpire Joe West, a similarly conflicted judge has shown Country Joe the way by quitting the bench to avoid ethical conflicts.

Admittedly, the ethical issues surrounding independent filmmaker/ New Jersey Judge Kenneth Del Vecchio are a little bit different from Joe’s. One of his creative efforts was called “O.B.A.M. Nude,” and was a satirical critique of the President, though Del Vecchio played the Obama-like hero himself. A judicial ethics panel opined that his film exploits raise the specter of an ethical conflict under the Code of Judicial Conduct, presumably including the section that reads, Continue reading

Ethics Pop Quiz: “What’s Unethical About Auctioning Intern Positions?”

Are you ready to exercise those ethics brain cells?

The News Alert blog is reporting that the Huffington Post auctioned off an intern position for $9000, and another  internship —three weeks of it with Richard Branson, founder of Virgin Atlantic Airways, and three weeks with hip-hop entrepreneur Russell Simmons — was auctioned off for $85,000, to benefit Simmons’s charity, Rush Philanthropic.

Question: Is there anything unethical about this, and if so, what?

[Play the “Final Jeopardy Theme” while you think this over…] Continue reading

Avocations, Conflicts of Interest, and Country Joe West

Some employers are troubled by the avocations and outside activities of employees, a concern that often deserves a  defiant “none of your business” in response. However, sometimes the concern is justified, such as when the avocation adversely reflects on the individual’s reputation to the extent that it harms his or her ability to perform, or when the avocation actually interferes with the job, such as a when a recreational rugby player keeps missing work because of injuries. Another problem is when the avocation creates a conflict of interest in which conduct that may be good for the avocation undermines the job.

The latter is exemplified by Major League Umpire Joe West, who fancies himself a country music singer and songwriter when he isn’t calling balls and strikes. As nicely narrated on the blog “It’s About the Money,” West has long been the most flamboyant and combative of umps, as proven by the fact that a lot of people know his name. Umpires aren’t supposed to be stars, celebrities or personalities: if you notice a particular umpire, it is almost always because he has made a mistake.  They are important, however. Their acuity of sight and judgment are called upon many times in every game, and can make a significant difference in scores, standings, championships and careers. Like judges, they have to be trusted, and their integrity above suspicion. “The Common Man,” who wrote the blog post, believes that West’s singing career, such as it is, creates a conflict of interest that undermines that trust, and worse, warps his judgment on the field. Continue reading

The Ethics of Giving Up on Ethics

Paul Daugherty, a sportswriter for the Cincinnati Enquirer,recently wrote a column expressing a theme I hear all too often regarding politics, government, education, and society generally. Motivated by the steroid allegations against yet another hero, Lance Armstrong, Daugherty penned his surrender to a culture that doesn’t seem to care about ethics. Daugherty wrote:

“Everyone wants sports to be equitable. We all desire the level field. No one wants sports to be as drugged up as Woodstock in 1969. But it is. We’ve fought the ethical fight. We’ve lost. It could be time to let it go.
Even the athletes who lose still win. Mark McGwire got his, Barry Bonds got his, Brian Cushing got his. If you wait enough, deny enough, then rationalize believably, you get yours. Disgrace fades. Only Olympic athletes wear the stink of doping longer than the average 5-year-old’s attention span. In one respect, it’s not unlike the fight against legalizing marijuana. It has lasted so long, and now seems so pointless, I can’t even remember what we’ve been arguing about. We’ve become numb to it….It’s only a little outrageous now to suggest that a professional athlete be allowed to use performance-enhancing substances to his (enlarged) heart’s content, as long as he’s doing it legally….So what’s the point?”

“What’s the point?” Continue reading

Rep. Kirk’s False Award

Thanks to Republican U.S. Rep. Mark Kirk’s revelation that he has been knowingly misrepresenting (or “lying about”) the nature of a military honor on his official biography for years, following close on the heels of the Richard Blumenthal scandal, we must answer the question: how much dishonesty should the public tolerate in candidates for the U.S. Senate?

How about “none”? Continue reading

AshleyMadison Finds Its Perfect Symbol

Well, if you run an unethical website, I suppose the most ethical thing you can do, other than shutting it down, is to be transparent about what you are selling, and how wrong it is.

Thus I have to reluctantly tip my ethics cap to the pro-adultery website, AshleyMadison, for finding the perfect symbol. [You can read my earlier commentary on this particularly atrocious site here and here.] Yes, TMZ is reporting that Bombshell McGee, the Nazi-celebrating tattoo model who helped Jesse James wreck his marriage with actress Sandra Bullock just as the couple was adopting a child and while she was proclaiming her trust and love for him to the world, will be promoting AshleyMadison’s adultery services. If seeing Bombshell McGee promoting a service endears makes it attractive to you, AshleyMadison can’t lead you astray: you are too far gone already. Bombshell’s (can I call her “Shelley?”) enthusiasm for adulterous relationships has destroyed a family and devastated another woman who never did her any harm. This is truth in advertising at its best: an irredeemable unethical business, hiring an openly despicable spokeswoman.

Basketball Ethics: A Writer Advocates Violence on the Court

To the credit of the Boston Celtics and their coaching staff, the team won its N.B.A. semi-final series against the Orlando Magic without resorting to thuggery. That is because they ignored the advice of Boston Herald sportswriter Ron Borges, who wrote a column in Friday’s edition urging the team to physically assault, and conceivably injure, the Magic’s on-court enforcer, Dwight Howard.

No doubt about it: Howard is a very dirty player, and in the relaxed enforcement atmosphere that the N.B.A. allows its refs to adopt during the play-offs, he had gone beyond dirty to abusive. Borges’ recommendation? Mug him. Hurt him. Continue reading

The Ethically Obtuse Bauer Memo

According to both the Washington Post and the New York Times, the memo from White House Counsel Robert F. Bauer shows that the Sestak/Clinton/White House scandal is nothing to waste time over. Or, as the Times puts it today’s Ethics Dunce-worthy editorial,* “nothing terribly unethical” happened.

I see. Our standards for the ethical conduct of our President and his staff isn’t that they should behave ethically, but that they shouldn’t be terribly unethical.  Certainly that is the attitude conveyed by the Bauer memo, which is unconvincing legally and appears to be written by someone who never heard of the concept “ethical.” Continue reading