fairness

Ethics Observations On The “Affluenza” Sentence (And None Of Them Involve Criticizing The Judge)

/ Jack Marshall / 580 Comments
Judge Boyd, being judged. (The earlier photo posted was NOT Judge Boyd. I apologize to the judge, readers, and whoever's photo that was.)

Judge Boyd, being judged. (The earlier photo posted was NOT Judge Boyd. I apologize to the judge, readers, and whoever’s photo that was, for the error)

The newsmedia and blogosphere are going bonkers over the sentence given to Ethan Couch, the 16-year-old Texan who pleaded guilty last week to four counts of intoxication manslaughter and two counts of intoxication assault causing serious bodily injury. He had a blood-alcohol level three times the legal limit (Couch had stolen beer from a Walmart), plus traces of Valium in his system, when he lost control of  the Ford F-350 pick-up he was driving (over the speed limit) and slammed into four people trying to fix a disabled car on the shoulder. They were killed; two of his seven passengers were critically injured. Prosecutors proposed 20 years in jail as the proper punishment for Couch, but his attorneys tried a novel defense: they had experts testify that their client suffered from “affluenza,” a malady caused by his rich, amoral, neglectful parents, who taught him (the theory goes) that there are no consequences for anything, if one has enough money.

Rejecting the prosecution’s argument, State District Judge Jean Boyd, presiding over the Fort Worth Juvenile Court, shocked everyone by sentencing Couch to only 10 years of probation—no prison time at all. The gist of the media outrage: once again, the life philosophy of Couch’s sociopathic parents is validated. The rich get away with everything: a poor, minority defendant who engaged in the same conduct would have been imprisoned. This is the injustice of the criminal law system in America.

Maybe. But let’s not get ahead of ourselves.

I think the judge, despite what we are hearing from the media, may have done her job well.

Continue reading →

Sen. John McCain And Critics of “The Handshake”: The Pain Of Obama Derangement Syndrome

/ Jack Marshall / 17 Comments
The Horror.

The Horror.

There are many, too many,  aspects of President Obama’s conduct of his office that deserve to be singled out for legitimate criticism. Shaking hands with Raul Castro at a non-political gathering of world leaders is not one of them. It’s not even close.

The fury with which Republican and conservatives large and small, prominent among them Sen. John McCain, have attacked the President for this obligatory, unremarkable and  essentially meaningless nod to civility shows that they are in full fever with Obama Derangement Syndrome, a crippling malady with antecedents in the Nixon, Reagan, Clinton and Bush 43 administration. Rapid psychiatric intervention is called for. In this instance, President Obama is blameless. He did what any responsible President would do, and what many before him have done. Continue reading →

“When Will They Ever Learn?” Department: “Baby Emma” Déjà Vu

/ Jack Marshall / 64 Comments
Preston and Baby Wyatt

Preston and Baby Wyatt

Once again, an unmarried father is trying to get the courts to award him custody of his child after the mother handed the child off to adoptive parents. This issue was recently examined by the U.S. Supreme Court in the case of Adoptive Couple v. Baby Girl, and on Ethics Alarms two years ago in its examination of the “Baby Emma” drama. Now it is in the news again, as Preston King, the 19-year-old father of “Baby Wyatt” fights for his child in the California courts

The details of these cases vary, as do the state laws governing them. In the Baby Emma case, for example, among the complexities were the fact that the state of the couple’s residence, Virginia, recognizes an unmarried father’s right to custody, while the state where the adoption took place, Utah, does not. All the cases have  in common a conflict between rights, law and ethics. Continue reading →

The Outrageous, Offensive, Ethical Murder Defense

/ Jack Marshall / 26 Comments
"OK, granted, my client killed her. That's wrong. But shouldn't he get some credit for the fact that her loss is a net gain for society?"

“OK, granted, my client killed her. That’s wrong. But shouldn’t he get some credit for the fact that her loss is a net gain for society?”

The evidence at trial showed that Rasheen Everett arrived at Amanda Gonzalez-Andujar ‘s Queens ( New York) apartment on March 27, 2010, and almost 24 hours  later, left carrying two bags filled with the prostitute’s belongings including her camera, laptop and cell phone.. Her lifeless body was later discovered, covered in bleach. The judge pronounced the defendant, who showed no remorse during the proceedings, “a coldhearted and violent menace to society.”  Everett apparently killed Amanda after discovering that she was transgendered. She had solicited him over tbe internet.

Desperately arguing to keep Everett’s post-conviction sentence as light as possible (it turned out to be 29 years in prison), Queens defense attorney John Scarpa made about as repugnant an agrument to Queens Supreme Court Justice Richard Buchter as the imagination could devise. “A sentence of 25 years to life is an incredibly long period of time, judge,” Scarpa protested. “Shouldn’t that be reserved for people who are guilty of killing certain classes of individuals? Who is the victim in this case?” he asked. “Amanda was engaged in a life of prostitution, life of drug use, HIV exposure. She was having sex with other individuals knowing she had the chance of spreading diseases….Is the victim a person in the higher end of the community?” he asked.

This theory would have ensured Jack the Ripper, had he ever been caught, a work release program, perhaps in a butcher shop. Continue reading →

Public School Ethics: The Assassin Game

/ Jack Marshall / 20 Comments
"All right, class, Answer this: in the term 'assassin game.' which word describes the actual nature of what is being described? No seriously, help me here, because I can't figure it out..."

“All right, class, Answer this: in the term ‘assassin game.’ which word describes the actual nature of what is being described? No seriously, help me here, because I can’t figure it out…”

Montgomery  County Maryland’s Blair High School is embroiled in a controversy over the popularity of a student game known as “Assassin,” a role playing elimination game where players “kill” competitors using fake weapons, or, as in the Blair version of the game, their fingers. The game in various forms—it is also known as Gotcha, KAOS (Killing as organized sport), Juggernaut, Battle Royal, Paranoia, Killer, Elimination, or Circle of Death—has been around for decades. Proof: I played it in college, and had a blast. If you like that sort of thing, the game is fun, and whether you like it or not, it is harmless.

Ah, but some kinds of fun are no longer acceptable in large swathes of post-Newtown, thought-controlling, anti-gun, hysteric-dominated America, especially liberal enclaves like the Maryland suburbs. As a result, you get sentiments  like these:

  •   “I don’t think a game called Assassin is appropriate in schools. I want kids to be social with each other, but not in a ‘Gotcha’ . . . sort of way. It’s just inappropriate in our society.”—Blair Principal Renay Johnson

What’s “inappropriate?” Fantasy? Role playing games? Games that evoke entertainment and fiction portraying conflict and violence? Fun? Thoughts and attitudes that you don’t agree with or approve of? Continue reading →

D.C. Ethics: Q: What’s Worse Than Delta Airlines Dumping Passengers For The Convenience of The University Of Florida Basketball Team? A: American University Ruining A Ballet School’s “Nutcracker” For The Convenience Of Chris Matthews

/ Jack Marshall / 26 Comments
The victims of Washington DC values and priorities. AU must be so proud...

The victims of Washington DC values and priorities. AU must be so proud…

Full disclosure: In the past I have been an American University (in Washington, D.C.) employee, teaching legal ethics for a couple of semesters at its Washington College of Law. If I was still an adjunct professor there, I would resign and lead a protest against the despicable, callous, unethical actions of  A.U administrators, and, as I will explain later, I know just how to do it. Later. First, the tale of AU’s disgrace:

President Obama, understandably desperate to address his falling poll numbers in the wake of the dawning realization that 1) his administration is a mess, 2)  he doesn’t really do anything, 4) the health care law he has been selling is dysfunctional, dictatorial and expensive and 5) he lies, is hustling to shore up his base, conveniently identified as anyone who can watch his 24-hour cable shill, MSNBC, for five minutes without laughing or getting nauseous. Thus his staff whistled up loyal sycophant Chris Matthews, he of the “thrill up my leg” Obama fixation, for an exclusive interview this week. This is a blatant political appearance, make no mistake about it. MSNBC is not a legitimate news organization, is intentionally and by design biased in favor of all things related to President Obama, and in Matthews, the President could not possibly have a less objective or more fawning foil. Continue reading →

Advice Column Ethics: Amy Forgets The Duty To Butt Out

/ Jack Marshall / 8 Comments

Get out

Newspaper advice column maven Amy Dickinson encountered one of those juicy letters that boosts readership but that should also set off ethics alarms. Her responsible, ethical course was to leave the situation alone. Unfortunately, she took the bait. How unfortunate, we will never know.

“Conflicted” (I have some better names for her ) wrote to “Ask Amy” because, she said, her conscience was bothering her, and no wonder. She had divorced her husband of five years two years ago. “We loved each other, but our marriage was deeply troubled,” she wrote, which is an understatement. He lied to her. He had “inappropriate relationships with other women.” He was profligate with money, and spent the couple into financial trouble. Worst of all, this: “…during a two-year period of our marriage and on five occasions, he was physically abusive. Not a slap or a shove, but full-out rage. I thought he would kill me.”

Naturally, she is still sleeping with him! “We see each other frequently and have a lively sexual relationship,” she says cheerily. The Ex assumed her old hubby had a social life outside of hooking up with his former wife/punching bag, and was fine with that, since the swinging Ex is also sleeping around: Hey, it’s the 21st Century! But now she has learned that he is in a serious relationship with another woman who does not know he never stopped making whoopee with “Conflicted.” They are talking about marriage and babies.

So now, she tells Amy, she is certain he will ruin this “lovely girl’s” life. She thinks she has an obligation to the innocent young thing to tell her about his spending problems and some other more recent details ( “he owes thousands of dollars on credits cards and has not filed his taxes in two years”) and, she says confidently, he “clearly” hasn’t told her about his spouse-bashing episodes, though  “Conflicted”  hasn’t asked him, and hasn’t talked to her. “What obligation do I have to share any of this information with her? I don’t know what to do,” she asks, plaintively.

Amy: This is the Amityville House talking to you now.

“GET OUT!!!” Continue reading →

KABOOM! Delta Sacrifices 50 Passengers To College Basketball

/ Jack Marshall / 32 Comments
Kaboom.

Kaboom.

Once again, it’s head exploding time at Ethics Alarms. If you had asked me if an airline could do this, I would have answered “I hope not.” If you had asked me if an airline would do this, I would have answered, “Never!” But an airline did do this, and apparently isn’t even sorry about it.

KABOOM!

When maintenance issues grounded the Sunday afternoon Delta aircraft flight scheduled to carry the University of Florida men’s basketball team from Gainesville to Storrs, Connecticut for a 7 pm (E.S.T.) Monday game against the University of Connecticut, Delta canceled Delta Connection flight 5059 to  Atlanta, kicked its 50 passengers off the flight without telling them why, and converted their flight into a charter to Connecticut so the Gators wouldn’t be inconvenienced. It was reported that the bumped passengers were deceitfully told that there were mechanical problems, but never let on to the fact that the problems related to a different flight. Then, once they had been told their flight was cancelled, some passengers saw what had been their plane being boarded by some very tall young men. Continue reading →

Adventures In The Land Of Double Standards: Sexual Harassment At Riverdale High

/ Jack Marshall / 22 Comments

archie reversed

Nancy Silberkleit, the co-CEO of Archie Comics, has been accused in a law suit filed by her male employees of workplace gender discrimination and harassment because she referred to them as “Penis” instead calling them by their names. The lawyers representing Archie president Mike Pellerito, editor-in-chief Victor Gorelick, and others allege that Silberkleit used the term many times in a degrading manner, as, for example, when she began yelling “Penis! Penis! Penis!” during a business meeting.

This woman needs to work with Bill Maher.

They deserve each other. Continue reading →

Comment of the Day: “The Golden Rule Distortions”

/ Jack Marshall / 48 Comments

bread

In a comment on the post about the various versions of the Golden Rule, including popular distortions of it, Isaac revisited the ever-popular “Les Misérables” scenario, in which a desperate man steals a loaf of bread to achieve a greater good. Is such law-breaking still unethical? I have consistently maintained that it is from society’s standpoint, if not from the perspective of the lawbreaker. The issue has arisen in the past in relation to illegal immigration.I think Isaac nails it.

Here is his Comment of the Day on the post, The Golden Rule Distortions: Continue reading →

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