fairness

Finis: The New Black Panthers Voter Intimidation Affair

/ Jack Marshall / 4 Comments

The Justice Department’s Office of Professional Responsibility, a careful, professional, non-partisan group charged with reviewing allegations of U.S. Government attorney misconduct, released the report on its investigation of the contentious Civil Rights Division handling of the case of two paramilitary-clad members of the New Black Panthers, one carrying a club, who appeared to be at a Philadelphia polling place in November 2008 for the purpose of intimidating voters. The men were videotaped, and the YouTube  video of them standing at the polling place was provocative, to say the least.

To briefly recap:  Voting Rights Act prosecution was initiated by the Bush Justice Department, and subsequently scaled down by the Obama Justice Department. Two career Civil Rights Division attorneys resigned over the handling of the incident, alleging that political appointees within the Obama Administration had pushed a policy of not prosecuting African-Americans under the Act—in other words, race-based enforcement. Continue reading →

Love Isn’t Enough: the “Baby Emma” Saga

/ Jack Marshall / 147 Comments

Too bad Baby Emma's father didn't see "Juno" first...

This, from the birth father’s perspective, is the strange story of “Baby Emma,” a newborn whisked out of Virginia by her mother to be adopted by a couple in Utah, which has unusual laws that seem to circumvent fathers’ rights in others states:

“My name is John Wyatt,  the birth father of Baby Emma Wyatt,  born February 10, 2009 in Woodbridge, Virginia.  I have never held my daughter in my arms or even been allowed to see her in person.  My daughter has never had her Daddy hold her and say “I love you” to her, or hug her and kiss her.  Baby Emma and I have been denied those precious moments together.

“Imagine this happening to you: as a 20 year old, you have been friends with the mother since second grade and you have dated since middle school. You anxiously make preparations with the mother of your child, your childhood sweetheart,  for the arrival of your new baby.  You go to the doctor’s appointments, you rub the mother’s belly and feel your baby moving and kicking in the womb.  Both of you pick out the name.  It’s so exciting, you can hardly wait for the arrival of your new baby!! You look forward to what you expect to be the happiest moment of your life, to be with the mother and baby at birth…Both of you make plans on raising the baby together.  Continue reading →

Silly Job Interview Ethics

/ Jack Marshall / 47 Comments

What does a silly interview tell you about your prospective employer?

A website called Glassceiling.com has been collecting strange job interview questions, and Fortune has reprinted some of them, offering guidance to job interviewees who might panic when asked such questions as this one, apparently part of the Goldman Sachs interview process:

“If you were shrunk to the size of a pencil and put in a blender, how would you get out?”

The trick, say the experts, is not to lose your cool. Such questions are asked, the experts explain, not to elicit a correct answer, but rather to gauge an applicant’s poise, grace, reaction to stress, creativity and humor. Continue reading →

Backtracking on Virtual World Ethics

/ Jack Marshall / 7 Comments

 

Anything unethical about these guys?

I was wrong.

New technology challenges our ethics because we have no immediate frames of reference to rely on. The situations created by the use of new technology require us to reach back to things we are more familiar with for guidance, and we risk choosing comparisons that prove to be superficial and inaccurate over time. This is the trap I fell into when I first approached the question of whether a player’s misconduct —or rather his avatar’s misconduct—in virtual worlds like World of Warcraft and Second Life could be unethical. My frame of reference was video games, role-playing games like Dungeons and Dragons,  and games generally. If engaging in Second Life is analogous to playing a game, then vandalizing someone’s home in cyberspace is no different from invading another player’s country in Risk. If “Warcraft” is essentially similar to playing a video game, then “killing”  an avatar is no more unethical than mowing down enemy soldiers in Medal of Honor.

And if virtual games were fantasies, I reasoned, then declaring anything that took place in their boundaries unethical was tantamount to policing thought. Thoughts are not unethical;  actions are. Case closed, right? Continue reading →

Unethical Quote of the Week: Wrongly Imprisoned Victim John Thompson

/ Jack Marshall / 3 Comments

“I don’t think training would have had anything to do with nothing really, to be honest with you, because you could have trained them and they would still do it. You need to punish them for doing it, then they won’t do it.”

—John Thompson, who was wrongly and illegally convicted of murder in Louisiana and spent 14 years on death row because prosecutors withheld exculpatory blood evidence from his lawyers and his trial. His civil suit against the prosecutor’s office, run by Harry Connick, Sr. (yes, the singer’s father) for millions in punitive damages, on the theory that the prosecutors who framed him were inadequately trained, was overturned last week by the U.S. Supreme Court.

This statement apparently was made by Thompson last October, when the Supreme Court took the case, and I missed it. It surfaced again this morning in a Washington Post editorial calling for harsher punishment for prosecutors who violate the rights of accused suspects and send innocent people to prison or execution. The Post has never been more right, and the $14 million originally awarded to Thompson by an appalled jury for his ordeal is still inadequate compensation for the 18 years he spent behind bars because of a prosecutor’s dishonesty.

But the theory used to get Thompson his money—that the tragedy would have been prevented if Connick’s office hadn’t been negligent in training its lawyers in prosecutorial ethics—was a sham, and deserved to be rejected by the Court, no matter how much Thompson deserved the money, or indeed, ten time the money. Continue reading →

The Saga of the Racist Juror and the Angry Judge, Chapter Two: “Never Mind!”

/ Jack Marshall / 5 Comments

 

"Oh! You're REALLY a racist? That's OK then...I thought you were LYING about being a racist, and I just hate that!"

When we last left Federal Judge Nicholas Garaufis, he had just sentenced a potential juror to jury duty for life because of her racist and anti-police answers on a jury questionnaire. Then many commentators, including Ethics Alarms, pointed out that punishing a woman for her views, however offensive, was an abuse of judicial power. I wrote:

 

“This was outrageous abuse of power by a judge, and a slam dunk First Amendment violation. Her opinions are ugly, but there is nothing illegal about having ugly opinions, and  government punishment based on a citizen’s opinion is a dangerous Constitutional breach. A judge can’t dictate how a potential juror thinks or what she believes. He can’t take vengeance on a woman who is hateful, either. She has a right to her hate.”

Today the judge released the woman from the lifetime sentence, saying that it really wasn’t her racist views that angered him, but rather that she had made an obvious attempt to get out of jury duty by putting offensive answers on the jury questionnaire. “My ruling was not based in any way upon whether or not you held any racist views. It was apparent you did not tell the truth,” Judge Garaufis told the woman. “You were the only juror who indicated that you had every form of bias imaginable. You were lying to the court in order to be excused.”

Ah, It wasn’t that she was a racist, but that she pretended to be a racist.

What a minute..huh? Continue reading →

The Revenge of Ashley Judd

/ Jack Marshall / 10 Comments

"Dear Mom, Sis: Hope you take my book in the spirit in which it was intended!"

Yes, celebrities live by different rules, but publishing a book that exposes your family’s secrets, hangs out its dirty laundry for all to smell, and settling scores with siblings in public is a cruel and unfair thing to do no matter who you are….or what the provocation.

Now actress Ashley Judd has published her account of what it was like growing up with Mama Naomi and Sister Wynnona, and her verdict is reportedly harsh. Ashley doesn’t need the money, so the only reasons for publishing “All That Is Bitter and Sweet: A Memoir” now are unethical ones: getting the satisfaction of vengeance, and hurting her own family members.

You should have waited, Ashley.

[Note: The original post was written from two sources that suggested that “I’m Not the Fat One” was  the title. I apparently was taken in: this was a joke. My fault. Sorry Ashley.]

 

 

Alarm Failure! Racist Juror+Angry Judge=Jury Duty For Life

/ Jack Marshall / 10 Comments

"You won't like me when I'm angry..."

Political correctness is now officially moving into places where it cannot be tolerated….like the courtroom.

In Brooklyn Federal Court, Juror No. 799, an Asian woman in her 20s who said she works in the garment industry, was up for jury duty in the death penalty trial of Bonanno crime boss Vincent Basciano. Asked to name three people she least admired on her jury questionaire, she wrote, “African-Americans, Hispanics and Haitians.” Elsewhere on the form she declared that all cops were lazy, and used their sirens to bypass traffic jams.

Federal Judge Nicholas Garaufis read the questionaire, questioned the woman, and declared, “This is an outrage, and so are you!” After he dismissed her as a juror on the case, he announced that she was now, until further notice, on permanent jury duty until he let her off.

“She’s coming back today, Thursday and Friday – and until the future, when I am ready to dismiss her,” Garaufis said.

Just desserts for a racist?

Proper punishment for hate?

A lesson in citizenship for all? Continue reading →

Conflict of Interest, Lack of Integrity, Appearance of Impropriety…Other Than That, Gov. Walker, It’s A Great Hire!

/ Jack Marshall / 15 Comments

"Why, no, his father's financial support played absolutely no part in his landing this plum job...I mean, just LOOK at him! He blew the competition away!"

Politics involves deals and trade-offs, quid pro quos and mutual back-scratching. The trick is to be a politician without undermining the public trust, and using those deals to benefit, not harm, the public interest. That means that certain deals, even relatively typical ones, may be unforgivable under certain circumstances. A prime example: Wisconsin Gov. Scott Walker’s hiring of Brian Deschane to oversee environmental and regulatory matters and a large staff at the Wisconsin Department of Commerce. Continue reading →

Chess Learns to Cheat

/ Jack Marshall / 3 Comments

The French chess federation has suspended three of its best chess players for cheating in a tournament last Fall. Sébastien Feller, a 20 years old grandmaster, Cyril Marzolo, and Arnaud Hauchard, who is the French team captain, secretly used a computer to feed them moves during their matches. The games were broadcast over the Internet, and a confederate fed the game positions into a computer with a sophisticated chess-playing program (computers beat the world’s best human player very regularly now).  Once the computer made its move, the confederate sent it to the human grandmaster using a text message. The three French chess whizzes matched the  computer almost move for move.

Amazing. Continue reading →