fairness

The Most Unethical Sentencing Fallacy Of All: Lavinia Woodward Gets “The King’s Pass”

/ Jack Marshall / 49 Comments

Oxford University student Lavinia Woodward, 24,  punched and stabbed her boyfriend in a drunken rage, then hurled a jam jar, a glass and a laptop at him. This, in the U.S., would be called a criminal assault, and maybe even attempted murder.  Ah, but British Judge Ian Pringle knows better. He agrees these acts would normally mean a prison term, but Lavinia is a star student, and wants to be a surgeon. He hinted that he would spare her prison time so that her “extraordinary” talent would not be wasted. As poor Lavinia’s barrister, James Sturman, argued, his client’s dreams of becoming a surgeon would be “almost impossible” if she had to serve time.

Well, we certainly mustn’t jeopardize a violent felon’s dreams.

This kind of reasoning is infused with The King’s Pass, also known as The Star Syndrome, the rationalization making the perverse unethical argument that the more talented, prominent, useful and important to society a miscreant is, the less he or she should be accountable for misconduct that nets lesser lights serious and devastating consequences:

11. The King’s Pass, The Star Syndrome, or “What Will We Do Without Him?”

One will often hear unethical behavior excused because the person involved is so important, so accomplished, and has done such great things for so many people that we should look the other way, just this once. This is a terribly dangerous mindset, because celebrities and powerful public figures come to depend on it. Their achievements, in their own minds and those of their supporters and fans, have earned them a more lenient ethical standard. This pass for bad behavior is as insidious as it is pervasive, and should be recognized and rejected whenever it raises its slimy head.  In fact, the more respectable and accomplished an individual is, the more damage he or she can do through unethical conduct, because such individuals engender great trust. Thus the corrupting influence on the individual of The King’s Pass leads to the corruption of others.

Judge Pringle is taking the King’s Pass/Star Syndrome to a new low: he’s arguing that Lavinia should receive special treatment based on how valuable to society she might be, given enough immunity from the consequences of her own conduct.  Continue reading →

The Legal Profession Appears To Have A Serious Character Standards Problem…

/ Jack Marshall / 15 Comments

I refer you, for context, to the recent post about Shon Hopwood, Georgetown Law Center’s former bank-robber, former federal prisoner professor, who was welcomed into membership in the D.C. bar…like me.

Now comes word that Tarra Simmons, a third-year law student, convicted felon and former drug addict, who in December won a Skadden Fellowship to help people recently released from prison, was told by the Washington State Bar Association that she did not possess the character to make her a trustworthy lawyer.

Tarra was a magna cum laude law school graduate, and co-chairs Washington’s Statewide Re-Entry Council.  She recently received a gubernatorial appointment to the state’s Public Defense Advisory Committee, and was selected by the dean of Seattle University School of Law to receive the school’s dean’s medal this year.

Nevertheless, the character and fitness board’s vote against Simmons was not even close, at 6-3.

A registered nurse for 11 years, Simmons became addicted to prescription drugs and methamphetamine after her father died, as she self-medicated for depression. In 2011, she was charged with felony theft, drug possession and gun possession, pleaded guilty, served 20 months in state prison. She says she  wants to assist former justice-involved individuals, as  a lawyer who has lived their experience, so they “can overcome barriers and rejoin society.”

But Tarra cannot cannot take the Washington Bar examination without getting a positive  character and fitness recommendation, and that looks unlikely. She’s appealing to the Washington Supreme Court, but traditionally that forum is tougher in assessing the  character and fitness of  potential admittees.

I think her course now is obvious: move to the District of Columbia. The bar there will surely see no reason to doubt her character.

After all, it’s not like she robbed a bank.

__________________________

Pointer: ABA Journal

Ethics Quote Of The Week: The New York Times

/ Jack Marshall / 25 Comments

“In passionate testimony before county legislators, and in tense debates with liberal neighbors born in the United States, legal immigrants argued that offering sanctuary to people who came to the country illegally devalued their own past struggles to gain citizenship. Some even felt it threatened their hard-won hold on the American dream.Their objections stunned Democratic supporters of sanctuary here and helped bring about the bill’s demise in March. A similar proposal for the state collapsed this month in the Maryland Senate, where Democrats also hold a two-to-one advantage. Some of the same immigrants spoke out against it.”

— New York Times reporter Sabrina Tavernise,in a story headlined, “Sanctuary Bills in Maryland Faced a Surprise Foe: Legal Immigrants”

Boy, that’s amazing! Who would have guessed that legal immigrants to the United States support the rule of law?

To the utter surprise of Democrats, some people are citizens and Americans first, and don’t believe that their color, ethnicity, religion or gender should get in the way of the core principles at the heart of our culture and history.

__________________

Pointer: Amy Alkon

You Asked For It: There are Indeed Ethics Issues Raised By Inexplicable Choking In The NBA Play-Offs

/ Jack Marshall / 24 Comments

Prolific commenter slickwilly wrote in one of the Comey threads,

Jack, we need a post on how the Spurs were aided in their win by either a) James Harden point shaving, or b) someone slipped him date rape drugs How ethical are the accusations?

I had been vaguely aware of the surprise rout the short-handed San Antonio Spurs inflicted on the Houston Rockets to win their NBA play-off series, but as the NBA is far-off my ethics radar due to the fact that I consider it a fake sport played by too many ethically-challenged athletes who achieved fame and wealth thanks to the corrupt college basketball system,  a direct query like this was required to get my attention. Here is what happened, courtesy of the Sporting News, as the Houston Rockets superstar delivered an epic choke when his team needed it most:

With Kawhi Leonard and Tony Parker out for Game 6 of the Western Conference semifinals, James Harden was expected to dominate the Spurs.

Instead, Jonathon Simmons and LaMarcus Aldridge led a perfectly executed game plan by Gregg Popovich to hold Harden and the Rockets to just 75 points in a 39-point win. Harden made just two field goals, had six turnovers and registered a minus-28 as Houston shot just over 30 percent in the loss.

The Washington Post later elaborated on the shocking details:

In the wake of the Spurs’ playoff series-clinching, 114-75 rout of the Rockets on Thursday, it was hard to know which was more shocking: that San Antonio could play so well without Kawhi Leonard and Tony Parker, or that James Harden could play so poorly. The Houston star scored just 10 points on 2-of-11 shooting in more than 36 minutes of play, looking nothing like a leading contender for NBA MVP honors…Harden not only failed to take advantage of the absence of the league’s best perimeter defender, he was stunningly ineffective in the final four minutes of regulation and through the five-minute overtime period. In that span, Harden scored four points on 1-of-6 shooting, turned the ball over four times, and committed two costly fouls, including an offensive foul on what could have been a game-winning possession with seconds left in regulation.

This is not just an example of a star player having a bad game, like “Casey at the Bat.” Harden is regarded as a strong contender for the 2017 NBA MVP award. Nobody could remember a similar example of a healthy NBA super-star playing so poorly for so long in a crucial play-off game, and there is no sport where a single great player’s performance can make the difference between victory and defeat more surely than basketball. Harden has not explained his flop, so people are making excuses for him. The popular  theory seems to be that he was suffering from a concussion following an elbow to the head suffered in the previous game two days earlier. This is pure speculation, however, and as the Post notes, Continue reading →

Aaron Hernandez And The Weird Legal Doctrine Of Abatement Ab Initio

/ Jack Marshall / 7 Comments

The predator priest, the corrupt CEO, and the murderous Patriot, all innocent because they’re dead….

Massachusetts judge Judge E. Susan Garsh ruled that the state’s law required her to vacate the 2015 murder conviction of former New England Patriots star Aaron Hernandez. Because Hernandez’s appeal was pending when he committed suicide in his cell, she said,  the common law doctrine known as abatement ab initio applied: a defendant’s death before an appeal erases his conviction. Prosecutors argued that Hernandez’s purpose in hanging himself on April 19 was to to void his conviction, but Judge Garsh responded that she was bound to follow state law anyway, especially since Hernandez’s motives were unknown. She had presided at the trial in which a jury found Hernandez  guilty beyond a reasonable doubt of the murder of semi-professional football player Odin Lloyd.

The fact that some legal and ethical puzzles have proven unsolvable despite troubling lawyers, judges, legislators and scholars for decades (and sometimes centuries) is one of the best proofs I know for The Ethics Incompleteness Principle, which holds that no rule or principle makes sense in all circumstances, and that human beings are incapable of articulating perfect laws and rules that will work as intended in every case. Abatement ab initio is a classic example.

Abatement is the dismissal or discontinuance of a legal proceeding “for a reason unrelated to the merits of the claim.” It is available in both a civil and  criminal context. Traditionally, the death of a criminal defendant following conviction  but before an appeal can be made mandates abatement. The effect of  the doctrine is to discontinue all proceedings  and to dismiss the appeal as moot, overturn the conviction, and dismiss the indictment. The deceased defendant reverts back to his status before being charged. In the eyes of the law, he is innocent…again. Continue reading →

Bulletin To The Government And Its Indoctrination Centers: Children Have a Right To Like Whatever They Choose

/ Jack Marshall / 139 Comments

In California, that land of the not-so-free and home of the submissive, four high school students were suspended for  “liking” Instagram posts that the school administrators deemed racist. Now they have sued the school.

Good.

This has to stop.

The students, three of them Asian, were suspended after school officials were informed that they had “liked” or briefly commented on Instagram posts that included an image of a black doll juxtaposed with a KKK member, a torch and a noose, and photographs of other students at the school with jokes about their weight and appearance. Let us settle this right now: it doesn’t matter if the images and posts “liked’ advocated incest, cannibalism or Republicans. It is not the school’s role to punish students for thought crimes. This was not a school website, and the posts did not take place on school grounds. This is Big Brotherism, and the fact that the students involved need to be guided and taught does not mean crushing them under the iron boot of the state was appropriate or responsible.

Albany High School explained it was merely trying to provide “an inclusive and respectful learning environment for all of our students.” Translation: We want all our students to absorb our politically correct,  mandated beliefs, and there is no escaping our power.

Students have a right to express their own views, however misguided, in their private lives. Students have a right to hold views San Francisco progressives find offensive. If the school can punish students for “liking” a racist image, it can, and I assume will, eventually punish students who like President Trump. Or Ethics Alarms. Or Ayn Rand. Or veal. Continue reading →

Say Hello To Rationalization # 65, “The Pest’s Justification.”

/ Jack Marshall / 10 Comments

The Pest’s Justification or “He/She/They can take care of themselves,” the latest addition to the apparently bottomless pit of self-deception known in these parts as the Ethics Alarms Rationalizations List, is a distant cousin of Rationalization 2A, Sicilian Ethics, which holds that  wrongdoing toward a party isn’t wrong when the abused party has aggrieved the abuser.  2A boils down to “He deserves it.” #65 boils down to “There’s no need to be ethical to someone more powerful than me.”

The newest addition takes its name from periodic playground accounts in the news, where a larger child is endlessly tormented by a smaller one who assumes that he is immune from harsh judgment  by virtue of being perceived as relatively harmless compared to his target. These stories often end badly, with the larger child finally deciding that he can take no more, clobbering his tormenter, and being called a bully for doing so. Spousal abuse where women beat up their larger husbands are especially ugly extensions of  this rationalization. It can take the form of bullying. Continue reading →

The Flint Water Bills: Is This The Most Outrageous Ethics Story Of The Year?

/ Jack Marshall / 29 Comments

“What do you mean it’s brown and poisonous? Water is water! Pay up.”

This story out of Flint, Michigan is so wrong, so astoundingly and obviously unethical, such a satire of government ineptitude at its worst and bureaucratic soullessness at its most damning, that I literally didn’t believe that it could be anything but a momentary hiccup, and that it would be resolved by the state, the city, an elected leader with guts and the sense God gave a mollusk, within a day or two, after the voices of millions were heard screaming. “WHAT????”

I was wrong. You want to know why it is insane to place your freedom, health, livelihood and survival and that of your families in the hands of government? THIS is why. Exactly this.

Thousands of Flint, Michigan residents risk losing their homes if they don’t pay their overdue water bills  less than three years since the start of a prolonged, botched, water safety crisis that led to extremely dangerous levels of lead in the city’s water pipes. In a move that will stand through the ages as the epitome of shamelessness and gall,  the Flint government sent threatening letters to more than 8,000 residents warning them they will face a tax lien if they do not pay water and sewage bills they have avoided for six months or more. Residents have until May 19 to pay the delinquent bills, and after that, a process begins that could end with foreclosure on their homes. Flint sends these letters annually to property owners whose payments are at least six months late, but skipped this process in 2016, given that the water the residents weren’t paying for was only technically water at all. The better label was “poison.” This year’s letters cover two years of past-due balances. Continue reading →

Ethics Quiz: The Boston Red Sox And “Hate Speech”

/ Jack Marshall / 52 Comments

SHHHHHHHH!

I don’t know why it is that the Boston Red Sox are leading all of baseball in ethics controversies, but here’s the story:

The Red Sox have been playing the Orioles the last four days, in a series marked by rancor arising from an incident last week that has metastasized into an exchange of words, accusations and attempted beanballs.  After the first game in this series,  Orioles’ outfielder Adam Jones claimed that he had heard racial epithets from the stands, and a bag of peanuts had been thrown at him.  Boston  and the Red Sox in particular have a dubious racial history (the team was the last in baseball ito have a black player), so this immediately became a big story, with the Sox, MLB, the city, and even the governor expressing horror, regret, and outrage. No fan or Orioles player has stepped  forward to substantiate Jones’ accusations. I don’t doubt him, but that is relevant, because in the entire episode as it unfolded, conclusive evidence has been deemed unnecessary. Accusations alone confer guilt. In the next game, Fenway gave Jones a long standing ovation on his first trip to the plate, saying, in essence, “We’re sorry you were treated this way, and we reject that disgusting conduct.” Good. That is the Fenway Park I know.

Then it was reported that another fan who was in the crowd at Fenway  the next night has been banned for life by the Red Sox. Team president Sam Kennedy said that the fan received the lifetime ban for using a racial slur to to describe a Kenyan woman who sang the National Anthem before the game, in a conversation with another fan.

Calvin Hennick, a Boston resident bringing his son to his first Red Sox game as a present for his sixth birthday, wrote on Facebook and confirmed to the Associated Press  that a  fan sitting near him used “nigger” when referring to the National  Anthem singer that night. Hennick asked the man to repeat what he had said, and when he did,Hennick summoned security. The Fenway security ejected the offending fan, who denied using a racial slur….you know, like Giles Corey denied being a witch.

Kennedy thanked Hennick, who is white, for coming forward. Says NBC baseball writer Craig Calcaterra, who once was a lawyer and presumably understood basic principles of justice, process, and fairness, “Kudos to the Red Sox for acting so swiftly.”

The Red Sox acted swiftly, all right.

Your Ethics Alarms Ethics Quiz of the Day is this...

Is it fair, proportionate, reasonable and just to ban a baseball spectator for life under these circumstances?

Continue reading →

“Should Bystanders Have a Legal Duty To Intervene?” Of Course Not, But It’s Worth Thinking About Why It’s A Terrible Idea

/ Jack Marshall / 40 Comments

The real mystery is why a law professor would ever conclude that it was a good idea.

Amos N. Guiora, a professor at the University of Utah’s S.J. Quinney College of Law, has authored The Crime of Complicity: The Bystander in the Holocaust, In it, he addresses the   bystander-victim relationship, focusing on the Holocaust. He comes to the remarkable conclusion that a society cannot rely on morality, ethics and compassion alone to move its members to come to the assistance of another human being in danger. He insists that it is a legal issue, and that society should make the obligation to intervene a legal duty, and  non-intervention a crime.

Wow. Here is a shining example of how bias can make smart people not only stupid, but blind. I have not read the book (I did listen to this podcast), because his contention is self-evidently anti-ethical, and typifies the attitude that has led to the criminalizing of so much in U.S. society that rigorous enforcement of the law would make the nation a police state. The Holocaust is the worst possible starting point for this issue: to state the most obvious absurdity, if the government is the victimizer, who would enforce the laws against not assisting victims? I get it, though: the professor is angry and bitter that the international community and Christians didn’t forcefully intervene before Hitler was on the verge of liquidating Non-Aryans from the face of the earth. But no law within imagination would have prevented this unique catastrophe. Nor would the kinds of laws he advocates improve the fate of most victims, or be practically enforceable.

Ethics Alarms has discussed the duty to rescue often and in great detail, and often notes, “when ethics fail, the law steps in.” The second stage of that statement is “and usually makes a mess of it.”  This is the compliance/ethics divide so exposed by corporate compliance rules, regulations and laws, which have done little to improve corporate conduct, and have provided cover for complainant and creative misconduct, like Wall Street leading up to the 2008 crash. Giving up on the teaching and strengthening of ethical values in society in favor of mandating what the state regards as “right” by inflicting punishment degrades society and insults humanity, treating it as if it is incapable of learning to care about others and society at large.  It also seldom works. The duty to rescue exists, but society must encourage and foster it by nurturing ethical society members, not by threatening them with punishment.

Society cannot mandate compassion—a law requiring charity?—kindness—a ticket for not rescuing an abandoned dog or helping a blind man across the street?—honesty–fines for telling a date that you’ll call the next day when you won’t?—-or courage —Sweep that child up whose in the path of a semi, or to jail. Of course it can’t. Increasing reliance on the state to force what a powerful group regard as “good behavior” is the catalyst of the current totalitarian bent of the American Left. Doesn’t the professor realize that what he is advocating leads directly to the Holocaust, and not away from it?

This is one slippery slope that needs a fence around it. Continue reading →