Banning The “Gay Panic Defense”

Last year, the American Bar Association House of Delegates passed a controversial resolution calling on states to ban the so-called gay panic defense. The defense arises (when it does arise, which is rarely), in cases of a heterosexual accused of an assault on a gay individual when the defense attorney argues that his client was so shocked and terrified by a homosexual advance of a romantic or sexual nature that he was overcome with disgust, anger and fear, and was launched into a psychotic state that compelled violence. Many judges refuse to allow it, because there is no accepted scientific evidence that “gay panic” exists as a legitimate prelude to temporary insanity.

The ABA resolved:

 That the American Bar Association urges federal, tribal, state, local and territorial governments to take legislative action to curtail the availability and effectiveness of the “gay panic” and “trans panic” defenses, which seek to partially or completely excuse crimes such as murder and assault on the grounds that the victim’s sexual orientation or gender identity is to blame for the defendant’s violent reaction.

Such legislative action should include:

(a) Requiring courts in any criminal trial or proceeding, upon the request of a party, to instruct the jury not to let bias, sympathy, prejudice, or public opinion influence its decision about the victims, witnesses, or defendant s based upon sexual orientation or gender identity; and

(b) Specifying that neither a non – violent sexual advance, nor the discovery of a person’s sex or gender identity, constitutes legally adequate provocation to mitigate the crime of murder to manslaughter, o r to mitigate the severity of any non – capital crime.

It should be no surprise that California was the first state to follow this plan, with Gov. Jerry Brown signing an anti-gay panic defense bill into law in September. Now New Jersey has a similar law under consideration. Continue reading

Contest Entry For Most Unethical Column, Post Or Essay About The Ferguson Ethics Train Wreck: Vanity Fair and W. Kamau Bell

Large, male, black...also irresponsible and dishonest.

Large, male, black…also irresponsible and dishonest.

My nominee for the contest: Vanity Fair’s “On Being a Black Male, Six Feet Four Inches Tall, in America in 2014” by comedian W. Kamau Bell.

Maybe Bell thinks the extra face-time on cable news this despicably deceitful essay gets him does enough for his career to justify adding to the false narrative about the Michael Brown shooting.  It isn’t. Nor is it worth the ignorance, hatred and fear he is sowing by intentionally misrepresenting what happened to Mike Brown as simply the natural consequence of his race, gender and size. Conduct had a lot to do with it too.

The article is really sinister, repeatedly comparing the author, who is about the same height as Brown was, to the slain teen, implying but never quite saying that Brown was killed simply because he was, in the author’s words, black, male, and large. Here’s a typical passage:

“I am afraid of the cops. Absolutely petrified of the cops. Now understand, I’ve never been arrested or held for questioning. I’ve never been told that I “fit the description.” But that doesn’t change a thing. I am afraid of cops the way that spiders are afraid of boots. You’re walking along, minding your own business, and SQUISH! You are dead.  Simply put, I am afraid of the cops because I am black. To raise the stakes even further, I am male. And to go all in on this pot of fear, I am six foot four, and weigh 250 pounds. Michael Brown, the unarmed Missouri 18-year-old shot dead by police this summer, was also six foot four. Depending on your perspective, I could be described as a “gentle giant,” the way that teachers described  Brown. Or I could be described as a “demon,” the way that Officer Darren Wilson described Michael Brown in his grand-jury testimony.”

He doesn’t exactly say that Brown was “walking along, minding his own business,” but that’s his intent, and he knows that’s what thousands have chosen to believe. He says that he, like Brown, could be described as a “gentle giant,’ but omits the detail that Brown was obviously not accurately described as “gentle.” If he were gentle, he would be alive. He also, being intentionally misleading, fails to mention that Wilson described Brown as looking like demon when the teen was attacking him.

Michael Brown wasn’t shot because he was large, black and male. He was shot because he attacked a police officer, twice, and because his size made that attack more legitimately threatening.  Because of his size and what he was doing with it, no reference to Brown’s color is necessary or relevant.

Bell’s perceptions of white reactions to a law-abiding, civil citizen because he happens to be a large black male  have added some useful perspective  to the national discussion of racial bias and police conduct, had he not chosen the path of using the topic to insinuate an innocent victim’s status for Michael Brown that does not comport with facts, slanders Darren Wilson, and fans the flames of ignorance and hate.

No responsible publication should publish something like this.

 

Ebola, Trust, Competence, and “The Only Thing We HaveTo Fear Is Fear Itself” Ethics

On the 4th of March, 1933, newly elected President Franklin Delano Roosevelt, taking over the Presidency in the teeth of the Great Depression, intoned his famous words, “The only thing we have to fear, is fear itself!”  It was bravado, of course, and in essence a lie: there was a lot to fear. Roosevelt knew it, and the public certainly knew it. The whole economic system seemed to be falling apart. Anti-capitalist evolutionaries were looking for an opportunity to revolt. Nobody was sure what to do.

The statement was effective, however, in focusing the nation on the challenges at hand and riveting the pubic attention on solving problems rather than cringing in terror in fear of them. Roosevelt was a magnificent speaker, warm and charismatic, and that contributed to the force of his rhetoric, but what was most important is that he was trusted. Every new President  can draw on a full, newly-replenished  account of trust, or at least could, in FDR’s time. A new President’s promises haven’t proven to be air; his political skills and talents, honesty and character have not shown themselves to be inadequate or a fraudulent pose.  In rare cases, and FDR was certainly one, they never do. The President, for good or ill, is the human face of the U.S. Government. If he is trusted, it is trusted. Continue reading

Indocrinating Our Students With Apathy, Cowardice and Selfishness: No Wonder We Won’t Help The Ukraine…

THIS, however, is perfectly acceptable, because it's perfectly ineffective.

THIS, however, is perfectly acceptable, because it’s perfectly ineffective.

Day by day, moment by moment, our ethically incompetent schools inculcate the wrong values in our young, undoing centuries of American traditions and unraveling the unique character that made the United States the hope of the world.

When he witnessed another student at Chicago’s Elmwood Park High School beginning to bully a smaller, weaker colleague, high school athlete Mark Rivera pulled the aggressor aside and said something in the manner of “Do that again, and you’ll have to deal with me, got it?” As a result, he was suspended.

The principal told reporters, “You can say stop it or leave him alone but if that doesn’t work, get an adult involved.”  Ah. Object without intending to do anything to back up the objection. Do nothing, and, say, go play golf. Or leave it to someone else.

Sounds familiar.

Mark Rivera is an Ethics Hero, even though, if the cultural polluters in chrage of our institutions aren’t stopped and replaced, future generations of the wan, timid, self-absorbed nation that was once the United States won’t think so.

 

 

The Blackstone Horror And The Duty To Care

"You know your house is really messy when..."

“You know your house is really messy when…”

We have been discussing, of late, the ethical duty of strangers to intervene when they get the sense that something may not be right and an individual, especially a child, may be at risk of harm. Doing this involves its own risk: being wrong. Causing embarrassment to yourself and others. Being accused of being racist, or a busybody, or a meddler.

This is what can happen when no body cares enough to take that risk.

I am in Rhode Island, having come from Boston, where a nightmarish story is obsessing the radio talk shows:

Police were setting the record straight as to how many times they’ve responded over the years to the Blackstone, Massachusetts, house of squalor, where three dead infants were discovered among piles of trash, dead animals, feces and vermin last week, as clean-up at the condemned house finally finished up Tuesday.Four children who lived in the house – a 5-month-old baby, a 3-year-old toddler, a 10-year-old boy and 13-year-old girl – have all since been removed by Massachusetts Department of Children and Families.

Their mother, 31-year-old Erika Murray, is behind bars. She’s pleaded not guilty to charges of child endangerment and fetal death concealment. Her boyfriend, and alleged father of the children, Raymond Rivera, claims he stayed in the basement. He’s only been charged with marijuana offenses at this point.

I’ll have plenty of links at the end so you can read the details of this disgusting story, if you have the stomach for it. Obviously it’s not ethical to have your children living in a home with dirty diapers are piled two feet high and dead pets are stuffed in corners. Obviously it’s not ethical to father kids, live in the basement, and ignore the squalor your children are being raised in. Obviously the parents in this case are mentally ill, or approaching evil. From the perspective of this blog, the parents’ conduct has nothing to teach anyone who isn’t demented. I am interested in the neighbors’ conduct, or rather their lack of it. Continue reading

Undermining Addiction Treatment For A Petty News Story: The Ethics Bankruptcy Of CBS and Dean Kendrick

"Here you go, Dean. Now: what did Robin Williams share at your AA meeting?"

“Here you go, Dean. Now: what did Robin Williams share at your AA meeting?”

 Alcoholism is a national scourge that destroys lives, families and businesses, and  often kills both sufferers and those they interact with. It it is incurable. One of the few effective methods of keeping alcoholism under control is the Twelve Step program developed by Bill Wilson in the 1930s, and taught by the organization he founded, Alcoholics Anonymous. Millions of Americans attend AA meetings every day, including many who are very close to me.

Dean Kendrick works for CBS affiliate KPIX-5 in San Francisco, and he’s apparently an Alcoholic Anonymous member. This means that 1) we shouldn’t know he’s a member, and 2) especially that he shouldn’t be revealing, especially on television, that anybody else is a member, and 3) he absolutely should not be revealing what someone said or how they acted at a meeting he attended, and 4) this even applies to Robin Williams, dead celebrity that he is. Continue reading

Comment of the Day: “Comment of the Day: ‘An Unethical Website, Golden Rule Malpractice And The Worst Anti-Bullying Program Ever'”

Atom bomb cloud

Responding to according2grayson’s passionate defense of non-violence and the Golden Rule while encountering bullies (as well as while opposing despots on the march), Steve-O-in-NJ enriched Ethics Alarms with an epic response including historical perspective, ethics and personal experience.

Here is his terrific post—long but not to be missed—and the Comment of the Day, on Comment of the Day: “An Unethical Website, Golden Rule Malpractice And The Worst Anti-Bullying Program Ever”:

I question this litany of life experiences, since it sounds a bit too pat and a bit too neat to be real, or at least it sounds sanitized/incomplete. Those with truly outstanding records usually don’t feel the need to trumpet them. That said, I wasn’t there, so maybe it is all true.

I know I tried the non-violent approach a few times, and it just lead to more bullying. I also tried the fight-back approach, smashing one bully’s head against the sidewalk and nearly strangling another, and it frankly didn’t get much more done beyond getting the bullies off my back temporarily. That said, a temporary respite from abuse is better than absorbing abuse every day without a respite. What really broke one group of problem people was a combination of finally going to the authorities and the people overreaching.Despite the justified criticism of Catholic schools (a whole separate discussion), they did have one very big thing going for them: no one who was enrolled had to be, or had any right to be, and dismissal or necessary discipline was easily accomplished. Continue reading

Comment of the Day: “An Unethical Website, Golden Rule Malpractice And The Worst Anti-Bullying Program Ever”

He chose his adversaries well.

He chose his adversaries well.

Debut commenter according2grayson submitted a heartfelt, extensive and thought-provoking reaction to the post about a Lincoln, Nebraska school’s  much-criticized anti-bullying advice and the website that spawned them. I’ll have some comments at the end; in the meantime, here is the Comment of the Day on the post, An Unethical Website, Golden Rule Malpractice And The Worst Anti-Bullying Program Ever:

The rule is “Do not attack” immediately “If I attack you.” You’re being asked to place yourself in the shoes of an attacker. NO ONE attacks without feeling angry, hurt, or victimized. Why do homophobes beat up gay kids? Fear that they might be gay too, or offense at people mocking their God. Fear of what’s different. No, fear isn’t always a rational response to something that might put us on a breathing tube. The word “phobia” by it’s definition means “irrational,” and this pertains to everything from Xenophobia to Homophobia to Genderphobia to Arachnophobia. I guarantee that a garden spider isn’t going to put anyone on a breathing tube, but how many people shriek when they see him anyway?

Now here’s the issue– if you lash out irrationally because you’re afraid of someone, and you punch them in the face– that person now has a very rational reason to punch you in the face. But, being an emotional creature and not understanding why your own initial attack was wrong, you’re not going to say “Well, I punched him…..” You’re going to say “Ow! My nose is bleeding, you little shit!”

 

Until someone does decide to turn the other cheek, it’s only going to keep going back and forth, if not escalating. That’s the entire purpose behind such things as the Golden Rule and Christ’s “Turn the Other Cheek” argument. Read Gandhi. Try to follow the rules of Satyagraha. These rules lead a nation to Freedom without bloodshed. No, it wasn’t a “perfect revolution.” Yes, there were years of hardship that followed. But if you want a perfectly demonized bully (aside from maybe Hitler) British Empire’s your best bet. And these tactics DID take them down.

You can argue that “kids aren’t ready for this.” But I’m sorry, I can only laugh at you for underestimating children. I was 12 years old when my older brother was killed in 9/11. I grew up involved in activism against the wars. I was shoved into lockers, thrown down stairs, beaten up, called a “terrorist” and a “traitor to my nation.” And that was just the latest permutation of bullying I had faced.

I was taught, however, that our duties were to “think globally, act locally” and “become the change we wished to see in the world.” I was told that I wanted to be a voice for a non-violent response to a terrible act– I HAD to learn to respond non-violently to children being children.
And you know what? It didn’t turn me submissive. It didn’t take away a single ounce of pride.

I knew that the assholes picking on me lacked fundamental understandings of most of the reasons -why- they claimed they were picking on me. I knew that if any of these rich kids with their Hallmark Card homes (and, yes, when you go to a private parochial school of 8 kids, you do pretty much know that) had stood so close to national tragedy as any of the family members I was working with– they wouldn’t have handled it. They already couldn’t handle adversity. The gay kids? The black kids? The poor kids? They beat them all up. If other people’s hardships were so terrifying, how would they react to their own?

I laughed at these kids. I went on to graduate third in my class, was the first accepted to college. By which point I’d already worked for 3-4 years with a twice Nobel Prize nominated organization. Already helped organize lobbying campaigns (including one to shut down GITMO with PT & Amnesty International, which Obama recalled the involved groups to respond to in his first press conference) I’d already been a founding member of the World Conference for Peace and shaken hands with one of the last of the habakusha, with a minister who trained under Desmond Tutu, with mothers from Israel and Palestine working side by side (minority though they’ll always be) to end conflict.

In college, when I came out as pansexual, no one batted an eye. Afterwards, when I lost weight and started performing with the NYC Rocky Horror Cast (to an audience of at least 200, weekly. Not factoring special performances at other venues and in NYC cultural events) started performing Off-Broadway, started working with NPR (where a workshop I head-lined along with a few other youths effects by 9/11 won 4 awards including Bronze for “Best Radio Doc of 2011″ from the Society of Professional Journalism) People FLOCKED. Not only was I a hot commodity professionally. But socially as well. I’ll refrain from speaking of my exploits, as this is a mature site– but, when my buddies and I play the “Cassanova” drinking game, I’m usually one of the first to lose, and I always do so in a single scene.

The only argument you can make against any of this is “your life’s not that great” and no, you’re right, it isn’t. I’ve faced many hardships including the death of my brother. Lost my job and apartment in a hurricane last year. But none of that had to do with my response to bullying. And while some of those events may have had me, at times, not in places where I was able to deal to the best of my ability it’s not MY ability in question

ANY child can learn to find personal pride in their own accomplishments, can learn not to take bullies seriously (BECAUSE THEY AREN’T) Can learn not to perpetuate cycles.

And in the end, years down the road, they’ll be getting Facebook requests from their former bullies with notes saying “I’m sorry.” It’s not delusion. I’ve lived it.

Continue reading

Bergen Community College Shows Us Why Justin Carter Is Being Persecuted

Can't have this. Terrifying. Dangerous.

Can’t have this. Terrifying. Dangerous.

Remember Justin Carter? Last I checked, he was being tried for making a joke on Facebook, because of the culture of fear and speech monitoring created by the irresponsible hysteria over guns and terrorism.  He faces prison time. That this is a freedom-suffocating societal illness that threatens any and all of us is chronicled in Ken White account, and accompanying commentary, on the astonishing mistreatment of Bergen Community College Professor Francis Schmidt by the school, which was sent into a frenzy of terror because he posted to Google+ “a cute picture of his young daughter wearing a Game of Thrones t-shirt in a yoga pose next to a cat.”  Inside Higher Ed reports what happened next: Continue reading

An Unethical Website, Golden Rule Malpractice And The Worst Anti-Bullying Program Ever

 Izzy

bully2buddy logo

The Golden Rule is a valuable ethics tool. No question about it. Its best feature is that it compels an ethical point of view, causing us to think about the impact of one’s conduct on others. This simple shift of perspective—that’s the other virtue of the Golden Rule: it’s simple; a child can understand it—-distances us from the powerful ethics alarms-muffling effects of non-ethical considerations, which are primarily our subjective wants and needs, and forces us to look past them to more ethical objectives.

The Golden Rule is not, however, a panacea, or even the most useful ethical system. It doesn’t work in complex systems , or when multiple inter-related interests are involved, or when chaos looms. You can’t run a successful business, organization or nation using only the Golden Rule; you can’t have a coherent legal system, or the rule of law, or a banking system. Yet there are a lot of people, many of them with advanced degrees, best-selling books and millions of followers, who continue to practice Golden Rule malpractice and preach that it will solve all society’s ills, despite the fact that the most cursory examination of history and human nature makes it blindingly clear that much as we would wish it otherwise, this just isn’t true. Some of these people are well-meaning, good-hearted chumps. Some are insane. Many are fanatics. Some of them are con-artists. All of them are dangerous.

The latter was illustrated when the fifth-graders in Lincoln, Nebraska’s Zeman Elementary School received flyers on how to deal with bullying. (To get the side issues this blog deals with periodically out of the way at the outset, the incompetent and naive advice the flyer contained is one of an endless number of examples of how the education establishment is inadequately trained, staffed and regulated to be trusted with the welfare of young children, and how any parent who blithely entrusts their offspring to public schools without monitoring them closely is irresponsible, because teachers and school administrators cannot be trusted to exercise good judgment.) The flyer contained some “rules” for bullied children to apply after and during bullying episodes. The flyer was disavowed after the Lincoln, Nebraska school system’s Facebook page melted from the abuse poured on it by shocked and disgusted parents, and so far, at least, nobody has transcribed all of what is barely readable on this photo of it, and I don’t see or type well enough to do it myself: Continue reading