fairness

An Ethics Lesson From the All-Star Game

/ Jack Marshall / 1 Comment

It really is one of the most enduring sports deja vus—every year, sportswriters and fans engage in thousands upon thousands of words of complaint regarding baseball’s annual All-Star Game, the 2011 edition of which will occur tomorrow night in Phoenix. This year was no exception, and as is always the case, no consensus or conclusions were reached, except that everyone agrees that the game is mishandled, mismanaged, unfair and illogical in every possible way.

I have been thinking of the game’s plight as an ethics case study that proves a core truth: you can’t do the right thing if you don’t know your objectives, stakeholders, and how to prioritize them. In the All-Star Game as it has evolved, there are competing interests and stakeholders with no clear agreement regarding which takes priority over the other. It is literally impossible to do be fair: somebody always will be disadvantaged, and because there is no single objective either, utilitarian balancing doesn’t work.

It was not always this way. When the All-Star game was first conceived in 1935, it was intended to raise money for the players’ pension fund, the players then being generally paid little more than grocery clerks.  Since the game had to draw as much of a paying crowd as possible to make money, the rosters and starting line-ups were constructed to include the biggest stars and most popular players. It didn’t matter whether Babe Ruth was off to a great start or not: it wouldn’t be an All-Star Game without him in the starting line-up, so he was the right-fielder. Managers picked the team that they thought would both be the “starriest” and that would give them the best chance to win the game. Continue reading →

“Twelve Angry Men,” A Million Angry Fools, and the Jury System

/ Jack Marshall / 29 Comments

Their defendant was probably guilty too.

Ethics Alarms All-Star Lianne Best sent me this link about a member of the Casey Anthony jury who is going into hiding because of all the hate and criticism being directed at jury members and their controversial verdict. Her plight, which must be shared by other members of the much-maligned jury, highlights the unethical, not to mention ignorant, reaction of the public to the Florida ex-mother’s narrow escape from a murder conviction she almost certainly deserved.

The problem begins with publicity. We may need to re-examine the logic behind broadcasting high-profile cases. The combination of live courtroom feeds and quasi-semi-competent commentary gives viewers the mistaken belief that they are qualified to second guess the jury, and they are not. They are not because the jury is in the courtroom, and the viewers aren’t. The jury and TV watchers see different things; individuals communicate different emotions and reactions in person than they do on camera. There is only one fair and sensible way to answer those on-line instant polls that ask, “Do you think Casey Anthony should be found guilty?”, and that is “I don’t know.”

Most of all, the viewers and pundits are not present in the jury room. Continue reading →

Explain to Me Why We Tolerate Illegal Immigration, Again?

/ Jack Marshall / 28 Comments

Yes, I'm in a rotten mood today! Wanna make something out of it??

My cranky Saturday continues with an issue that I increasingly find bewildering: the tolerance, denial, and enabling by so many Americans of illegal immigration, although its unethical character cannot be denied or argued away. I know why Democrats support it—pure electoral cynicism—and I know why the business community encourages it—greed. What I don’t comprehend is why anyone else with a modicum of logic, fairness, and common sense isn’t confronting both of these self-serving institutions and demanding real enforcement of anti-illegal immigration measures. Instead, we get outrageous legislation like the Maryland Dream Act, which institutionalizes incentives for aliens to defy our laws. Continue reading →

Ethics Quiz: Should Shannon Stone’s Family Sue the Texas Rangers?

/ Jack Marshall / 33 Comments

One Thursday, a 39-year-old firefighter named Shannon Stone leaned over a stadium railing at a Texas Rangers game to catch a ball flipped into the stands by Ranger outfielder Josh Hamilton.  Stone’s son, 6-year old Cooper, was a big Hamilton fan, and the devoted father made an extra effort, catching the ball but falling over the railing down to the concrete 20 feet below. He went into cardiac arrest on the way to the hospital, and died.

The railing where Stone fell is 33 inches, seven inches more that the legally required 26 inches. Why is it that short? So people sitting in the front row can see the game without having to look through the railing. Is it dangerous? Well, it was dangerous this time.

Everyone, naturally, is horrified by the tragedy. The Rangers held a moment of silence for the firefighter at the game last night. Hamilton, who like all major league players has been instructed to toss inning-ending balls and retrieved fouls into the stands for fans to catch as souvenirs, is understandably distraught.

Your Ethics Quiz: Should the Stone family sue the Rangers? Continue reading →

Comment of the Day: “New Jersey Lottery Ethics…”

/ Jack Marshall / Leave a comment

Tom Fuller, who can be perceptive when he isn’t peppering us with the quotations of others (all right, even sometimes when he is) makes a useful distinction in the Comment of the Day, on today’s post about the New Jersey Lottery:

“Don’t get me wrong. I’m no fan of government-sponsored lotteries, and I share all of the concerns about them mentioned above. But a facile slogan like “lotteries are a tax on people who don’t understand math” is, like most facile slogans, too simplistic a way of making the arguments. There are plenty of psychological and economic reasons why even people who understand the math buy lottery tickets that are, quite literally, bad bets. There is lots of research on this; one of the better articles is now 21 years old, but is still cited as a good, brief, and comprehensible overview.”  [You can read it here.]

“Every gamble is a losing bet in the long run; otherwise it wouldn’t be a gamble. The trouble with state-run lotteries is not so much that they exploit those who “don’t get it”; they exploit anyone, even a mathematical genius, who is drawn towards what society generally regards as undesirable actities, thereby sending the same mixed messages as taxes on tobacco and alcohol.”

The Ethics of “No-Body” Murder Prosecutions.

/ Jack Marshall / 13 Comments

Oh! THERE's the body!!!

Texas lawyer Robert Guest has opined that a Texas jury would have convicted Casey Anthony in a heartbeat, and cites as proof the February conviction of Charles Stobaugh in Denton County. He was accused of killing his  estranged wife, though no body has ever been found at all.

Maybe.  There are a lot of differences in the circumstances of the two cases, not the least is that finding a badly decomposed body with a piece of electrical tape across her mouth has a big advantage over never finding any body at all: at least you are certain that the victim is dead.  Stobuagh, like Anthony, engaged in a pattern of lies and strange statements; for example, he suggested that his wife, who suddenly vanished and stopped using her bank account, credit cards and cell phone, was “playing a prank.”  He also began seeing a new girl friend more or less the moment his wife vanished. I’d say the biggest difference is the presumption of a motive: husbands killing their wives, especially their estranged wives, is a common and well-recognized form of homicide, with a motive that any married person immediately understands. A mother killing her young child, in contrast, is very unusual, and the presumption is that no mother would do it. The Anthony prosecution was more difficult than the prosecution of Stobuagh, even with Caylee’s body. Continue reading →

New Jersey Lottery Ethics…Well, Not Exactly

/ Jack Marshall / 9 Comments

New Jersey has taken the live drawings for the state lottery off of television and placed it on the internet. Many regular lottery players are upset about this, it seems.

“I like to see them pull it so they don’t have the chance to switch it,” said one eighty-year-old player. “Older people don’t trust the system. We know what happens.” She doesn’t own a computer, nor do her friends, and they all say they won’t play the lottery again until they can watch the drawings on their televisions. Indeed, the New Jersey Lottery is getting many such complaints, and expected them.

Why?

Because the people most likely to play the lottery are poor, badly educated, ill-informed, dumb, or all of the above, that’s why. Continue reading →

Comment of the Day: “Unethical Blog Post of the Week: ‘But What About Caylee?”’

/ Jack Marshall / 6 Comments

As comments, accusations and retorts featuring the Ethics Alarms All-Stars were flying around on the blog in reaction to the Casey Anthony verdict and my reaction to some of those reactions (here, here, here, and here), Lianne Best came through with an  especially measured take, one that was immediately cheered by other commenters.

There is nothing wrong with feeling deeply, and emotions are important; after all, Mr. Spock had limitations as a leader. When emotion rather than analysis drives public opinion, however, there is a risk of real harm: those attempting objective analysis may be vilified, marginalized or ignored, and rash, reckless decisions and consequences can result.  (I could, but won’t, argue that the 2008 presidential election was a classic case in point.)  Lianne cuts to the real issue deftly. Here is her Comment of the Day:

“I too often find myself embroiled in emotional opinion, with no basis in facts. It’s easy here: an adorable and completely innocent, dependent little girl was killed. Virtually every human, particularly parents, want to see that vindicated, justice found and brought. That somehow makes it better. But you know what? It doesn’t make it better to go racing off on just a blazing gut reaction, not when people’s lives are affected by our lack of thought and analysis. I was a juror in a kidnapping and murder trial. It was an immensely difficult two weeks, and the decision was agonizing. Luckily, it was also popular; it would have been awful to suffer through loud, manic public criticism of our reasoned decision on top of the process … loud, manic public criticism by people who weren’t there, who knew less (or at least differently) than we did. We have a jury system for a reason, 12 people found Casey Anthony not guilty (13 if you count the alternate juror) and we have to trust them.

“Personally, I appreciate Jack’s cooler head prevailing when my mother’s heart is shrieking.”

Marcia Clark, Exploiting the Anthony Verdict for Her Own Sake

/ Jack Marshall / 10 Comments

Marcia Clark. OK, this really isn't Marcia, but the real picture of her doesn't look like her either.

Marcia Clark’s article on the Casey Anthony verdict is so tainted with obvious conflicts of interest that it should have been rejected by The Daily Beast…or rather would be rejected by any website more selective and less shameless than the Daily Beast. This would be any fair site that does not deal in over-the-top opinion as a matter of course.

Marcia, like her colleague Chris Darden, is a rather tragic figure these days. The former lead prosecutor in the O.J. case is struggling to make it as a pundit, freshly botoxed and rendered almost unrecognizable so as to be fetching in those close-ups. After she sold the inevitable cash-in book about the Trial of the Century, she has wandered in the C-List celebrity wilderness, and will soon join Newt Gingrich and William Shatner as a celebrity novelist. She will be remembered, quite correctly, as the prosecutor who botched the O.J. murder trial, even if we give Darden an assist for the gloves debacle. (Why cable news shows insist on recycling failures as experts is an enduring mystery, the mystery being “how can the producers look themselves in the mirror after choosing recognizable flops over less well-known but more accomplished authorities?”)

But Clark apparently saw an opportunity in the Casey Anthony verdict to rehabilitate her tarnished reputation, and grabbed it. The result is “Worse Than O.J.!”, a new low in self-serving analysis. Continue reading →

Unethical Blog Post of the Week: “But What About Caylee?”

/ Jack Marshall / 81 Comments

Sad but true: the trial's purpose was not to find justice for Caylee.

If I responded to even one out of a hundred ethically muddled, logically addled posts by the hoard of bloggers in cyberspace, I’d have time for nothing else. Now and then, however, I am directed to a post that typifies the kind of free-floating, fact-starved gut sentiment that rots public discourse in America and that helps keeps the public confused and panicked.

In this case, I was directed to the post by the blogger herself, who managed to annoy me by accusing my post on the Casey Anthony jury of being callous to the victim in the case, two-year old Callie. I re-read my post; there wasn’t anything callous toward the child in any way. Puzzled, I went to the blogger’s page, a blog by someone who calls herself wittybizgal, and called Wittybizgal. Sure enough, there it was: an anguished lament about the verdict in the Casey Anthony trial entitled, “But What About Callie?”

The post is frightening, because I am certain that this kind of non-reasoning is epidemic in the United States, nourished by touchy-feely bloggers, pundits and columnists and made possible by the ingrained habit of having opinions without knowledge. Since their opinions are not supported by facts or reasoning, they can’t be debated. If you aren’t persuaded, you’re just mean, that’s all. That’s no way to decide what is right and wrong, but it certainly a popular way. Here is wittybizgal’s argument, one fallacious step at a time: Continue reading →