investigative journalism

Prison Labor Ethics

/ Jack Marshall / 42 Comments

Prison labor is an ethics issue that I have never considered before. Apparently that’s true of a lot of people. In Massachusetts, an Amherst-Pelham Regional High School  student named Spencer Cliche (great name!) was challenged to undertake an investigative journalism project, He eventually published a 3,000-word exposé  on prison labor topic in his school’s newspaper.

The high school, it seems, had contracted with a local prison to re-upholster its auditorium seats,  taking its low bid for the job over another bid by a local business. As a result of the uproar sparked by Spencer’s work, the school superintendent issued a statement to school staff members promising never to contract with the prison again.

It does not appear, however, that this decision was based on  careful balancing of the ethics issues involved, but rather, as usual, a lazy capitulation to avoid an emotion-based controversy.

The local  newspaper, The Daily Hampshire Gazette, eventually picked up the story. as did a local radio station that featured Cliche’s report as the “question of the morning.” Then the issue was raised by The Marshall Project, a prison and justice system reform project.

In addition to routine prison labor, which is usually handled in a prison facility, there are also state-run “correctional industries,” such as MassCor, which arranges for inmates to do work for  schools, nursing homes, towns, non-profits and other institutions. Obviously, their costs are lower than competing businesses, because prisoners earn less than a dollar an hour on average for their labor, according to Prison Policy Initiative.

Thus we have multiple looming ethics issues, among them…

  • Is it ethical to force prisoners to work at all?

I don’t see how an honest argument can be formulated that argues that it is not. Work organizes the time and attention of the jailed, keeps them occupied, minimizes boredom and the opportunity to get into trouble. Social justice advocates seem to think that prisons should be like summer camps, with sports, crafts, and other pleasant diversions. That approach is both expensive and undeserved. Prison, among other things, is and ought to be punishment.

  • Is it ethical to pay prisoners less than the minimum wage? Isn’t forced labor with no compensation or minimal compensation virtual slavery?

Convicted prisoners forfeit most of their constitutional rights. Some forms of forced labor might rise to the level of cruel and unusual punishment, and prison labor is ripe for abuse (just ask Andy Dufresne, the protagonist of “The Shawhsank Redemption”), but criminals are a burden on society, and warehousing them is expensive. There is nothing unethical about requiring those who have imposed that burden to help alleviate it.

  • Are prison-based businesses like MassCor unethical?

 Cara Savelli, a spokeswoman for the Massachusetts Department of Correction interviewed by the student journalist, defended the program, saying,

Continue reading →

Ethics Observations As An Ex-FBI Agent Is Sentenced To Four Years in Prison For Leaking Documents To The News Media

/ Jack Marshall / 7 Comments

From the Times story:

By the time Terry J. Albury arrived in Minneapolis in 2012, about 11 years after he went to work for the F.B.I., he had grown increasingly convinced that agents were abusing their powers and discriminating against racial and religious minorities as they hunted for potential terrorists.

The son of an Ethiopian political refugee, Mr. Albury was the only African-American field agent assigned to a counterterrorism squad that scrutinized Minnesota’s Somali-American community. There, according to his lawyer, he became disillusioned about “widespread racist and xenophobic sentiments” in the bureau and “discriminatory practices and policies he observed and implemented.”

In 2016, Mr. Albury began photographing secret documents that described F.B.I. powers to recruit potential informants and identify potential extremists. On Thursday, he was sentenced to four years in prison after pleading guilty last year to unauthorized disclosures of national security secrets for sending several of the documents to The Intercept, which published the files with a series titled “The F.B.I.’s Secret Rules.”

Observations:

1. GOOD!

2. Whether Albury’s perceptions of discrimination were accurate or not, they were not excuses for breaking the law. Continue reading →

Legal, Compliant, And Wrong: A Law Firm Helps Two California Cities Prey On Their Own Citizens

/ Jack Marshall / 18 Comments

Here’s something to be thankful for: be thankful you don’t live in Indio or Coachella California, where unscrupulous city governments and an enterprising law form conspire to fleece their citizens. It works like this:

Step One:  Indio and Coachella hire a private law firm, Silver & Wright, to prosecute citizens in criminal court for minor property violations of city ordinances. These result in small fines for infractions like not mowing the yard or selling lemonade without a business license.

Step Two: The citizens go to court, plead guilty, and pay the fines,

Step Three: They get a bill in the mail for a huge fee from the law firm that the city hired to prosecuted them. This fee is for the cost of the prosecution. Thus a fine for a couple of hundred dollars explodes into a legal bill of four or five figures.

Step Four: If the citizen objects, the law firm raises the fee demand.

Step Five: If the citizens can’t pay, the law firm threatens to take their homes.

The law firm that runs this brilliant operation is Silver & Wright, and it has been going on for years. The Desert Sun, in an investigative journalism effort, revealed this unholy alliance of municipality and law firm, and now, with public scrutiny, it just might be on its last legs. Thankfully.

The 18 cases examined by The Desert Sun come under the heading of nuisance property abatement, violations of law that are too  inconsequential to involve the county’s real prosecutors, the Riverside County District Attorney’s Office. Thus Silver & Wright steps in. Contract prosecutions are a profit center for the firm, which explains on its website that it specializes in code enforcement and “cost recovery,” boasting

“Our attorneys have developed unique and cutting edge practices to achieve success for our clients and make nuisance abatement and code enforcement cost neutral or even revenue producing.”

Indio contracted with Silver & Wright in 2014, and Coachella followed in 2015. Within a year of hiring the firm, both city councils created new nuisance property ordinances empowering the cities to seek prosecution fees without getting  approval from a judge. Then Silver & Wright started taking east valley property owners to criminal court. Continue reading →

Ethics Observations On The Washington Post’s Fatal Police Shootings Study

/ Jack Marshall / 12 Comments

policeshootings

The Washington Post just released its own study of 2015 police shootings, including statistics that that the FBI, which admitted to the Post that it has not done a thorough job of tracking the data, has missed. Writes the Post:

The Washington Post is compiling a database of every fatal shooting in the United States by a police officer in the line of duty in 2015. The Post is tracking more than a dozen details about each killing — including the race of the deceased, the circumstances of the shooting, and whether the person was armed — by culling local news reports and monitoring independent databases such as Killed by Police and Fatal Encounters. In some cases, The Post conducted additional reporting. The Post is documenting only shootings in which a police officer, while on duty, shot and killed a civilian — circumstances that most closely parallel the 2014 killing of Michael Brown in Ferguson, Mo. The Post is not tracking deaths of people in custody, fatal shootings by off-duty officers or deaths in which police gunfire did not kill the individual.

The FBI and the Centers for Disease Control and Prevention log fatal shootings by police, but officials acknowledge that their data is incomplete.The Post’s database will be updated regularly as new fatal shootings are reported and as new facts emerge about individual cases. The Post is seeking assistance in making the database as comprehensive as possible. To provide information about fatal police shootings in 2015, send us an e-mail at policeshootingsfeedback@washpost.com. The Post is also interested in obtaining photos of the deceased and original videos of fatal encounters with police.

Elsewhere, the Post makes it clear that “incomplete” hardly begins to describe the FBI’s negligence:

The landscape of police shootings is surprisingly thinly explored. The FBI is charged with keeping statistics on such shootings, but a Post analysis of FBI data showed that fewer than half of the nation’s 18,000 police departments report their incidents to the agency.The Post documented well more than twice as many fatal shootings this year as the average annual tally reported by the FBI over the past decade. The FBI and the federal Bureau of Justice Statistics now acknowledge that their data collection has been deeply flawed. FBI Director James B. Comey called his agency’s database “unacceptable.” Both agencies have launched efforts to create new systems for documenting fatalities.

Observations: Continue reading →

The Conflicted, Misleading, Incompetent Better Business Bureau

/ Jack Marshall / 10 Comments
Grade inflation at the BBB!!!

Grade inflation at the BBB!!!

I don’t know who or what persuaded CNN to set its sights on the Better Business Bureau, but we should be glad it did. Its first revelation, which I knew about, was how the non-profit BBB is funded by the same businesses it purports to rank. Depending on the size of a business, the BBB demands membership fees ranging from hundreds of dollars to more than $10,000 a year. Members can also pay for plaques announcing their accreditation, BBB seals of approval for their company’s websites, and ads. This is not just a conflict of interest, but a classic one, as well as a system that creates an appearance of impropriety.

Joseph Ridout, a spokesperson for watchdog group Consumer Action, agreed that  this structure, where the BBB is “funded by the dues-paying businesses and not the consumers,” presents a “serious conflict of interest.” The BBB, however,told CNN that its membership dues have nothing to do with the ratings companies receive. Of course! And members of Congress don’t tend to vote the way their biggest donors want. Stop being so cynical! Continue reading →

“Kill The Messenger” And The CIA Crack Story Ethics Train Wreck

/ Jack Marshall / 31 Comments

I finally saw the 2014 docudrama “Kill the Messenger,” which completed—I hope—the passenger list for a 30-year-old Ethics Train Wreck.

The film purports to be the true story of Gary Webb, the San Jose Mercury News reporter who wrote the sensational “Dark Alliance” series of investigative reports in 1996. The series attributed the inner city crack cocaine explosion in part to Nicaraguan anti-government Contra rebels in  the 1980s funding their efforts by drug smuggling and sales, all with the knowledge and assistance of the  CIA. The agency, the series claimed, was acting to support the Contras despite Congress rejecting the Reagan administration’s request for aid. Like most Hollywood accounts of anything, the film distorts and misrepresents facts to make a better story. Unfortunately, Webb’s story is made more dramatic by making him out to be a tragic hero and victim of a sinister alliance between the mainstream media and the U.S. Government. That’s not exactly true, fair or accurate, and in this matter, affirmatively harmful.

The fastest way to survey this particular Ethics Train Wreck is to list the distinguished passengers, more or less in order of boarding: Continue reading →

The Michel Martin Question I Didn’t Answer This Morning, and More On The Bill Cosby Scandal

/ Jack Marshall / 9 Comments

On pointIn the segment on “Beverly Johnson And The Bill Cosby Scandal” I just completed for NPR’s “On Point” program, out of Boston with the magnificent Michel Martin hosting, I emulated the Sunday morning talk show guests I so revile for answering questions by making their own points that have little or no relevance to what was asked. Michel asked me, as the time left in the hour-long program was ticking down, what ethical obligations consumers—that is, the audience for his concerts, TV shows and albums—have regarding Cosby, in light of the rape allegations against him.

I was still stunned by the comments made by three callers, encompassing several ethically confused assertions that you know I would find annoying:

  • That the victims should not be coming forward so late;
  • That Cosby is “innocent until proven guilty” (GRRRRR…);
  • That it’s “easy” for women to make unsubstantiated allegations against celebrities, and
  • That there is a parallel between the allegations against Cosby and the Rolling Stone campus rape story.

That last one especially had my head threatening to explode, which would not be good for my relationship with NPR, so I think I can be forgiven for missing Michel’s query. Yes, the UVA rape allegation is exactly like the Cosby scandal, other than the fact that the accusers in Cosby’s case have come forward publicly while “Jackie” has not; that its two dozen (so far) alleged victims for Cosby and one in the UVA case; that one situation is a classic example of abuse of power, wealth and influence and the other is not; that Cosby settled one claim rather than air the allegations in a court of law; and that virtually every part of “Jackie” claim has failed to hold  up under scrutiny and investigation, whereas Cosby, the one individual who could offer evidence to counter the allegations against him, has done nothing but have spokesmen and lawyers issue blanket protests and denials.

Yup. Identical.

My answer to Michel should have been this:

“It’s up to Cosby fans, If they still can still laugh and cheer at Cosby’s nice guy schtick and “America’s Dad” persona knowing that he’s a serial rapist, fine: laughter is good, get it where you can. Personally, I can’t laugh at someone whom I know has engaged in horrific acts, hurt women who admired and trusted them, and by his own conduct left another cultural hero lying face-down in the mud. I can’t forgive it, I can’t get past it, and I’m certainly not going to keep laughing. this is no different from the NFL fans who keep wearing Ray Rice jerseys, or for that matter, Democratic women who continue to swoon over Bill Clinton. If they do, they either:

  • Can’t get over their cognitive dissonance, and at some level refuse to believe what cannot be rationally denied, or…
  • Don’t think the conduct involved—punching women, exploiting women, raping women—is worth getting upset about, or…
  • Buy the absurd personal/public dichotomy, and can still cheer wife-beatering athletes, star-struck intern-exploiting leaders, and raping comedians.

All of these are sad and impossible to justify, but they are common. Does the continued support of a Cosby ratify his conduct? Not in the eyes of his undeterred fans, but in the culture? Of course it does. If Bill Cosby’s career escapes relatively unscathed by this, and he is not held accountable by society, the verdict of the culture will be a particularly extreme version of The King’s Pass: if you are rich enough, powerful enough and seen as contributing enough to society, then you will be held to a lower standard, and can get away with, if not murder, serial rape.”

Continue reading →

Scheduling Note: Cosby, Michel Martin, NPR, and Me

/ Jack Marshall / 2 Comments
Beverly Johnson

Beverly Johnson

Beverly Johnson, the super-model whose Vanity Fair article about being drugged by Bill Cosby decades ago when she was summoned for an “audition,” will be a guest on the Boston NPR station, WBUR, as former “Tell Me More” host Michel Martin stands in. After Johnson, a panel will discuss various issues legal, ethical and cultural about the Cosby allegations, and I’m on it, along with Renee Graham, music and pop culture critic for NPR’s Here & Now. Op-ed contributor at the Boston Globe, and Debra Katz, partner at the law firm Katz, Marshall and Banks. You can catch up on some of the ethical implications of the Cosby mess here, and some more details about the show here. If you can get the show on the radio or web, you’ll hear it at 10 AM, E.S.T.,  this morning.
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American Journalism’s Integrity Death Spiral, PART II: The James O’Keefe Conundrum

/ Jack Marshall / 24 Comments
The past and present of investigative journalism.

The past and present of investigative journalism.

James O’Keefe calls himself an investigative journalist, but that’s not what he is. A real investigative journalist would look for the truth, whichever political party a particular set of uncovered and inconvenient facts happened to make look bad.O’Keefe is only interested in getting dirt on Democrats and their allies.

A real investigative journalist would also follow, or know he was supposed to follow, or at least make some effort to follow, the tenets of journalism ethics, which frown on using trickery, lies and surreptitious recording to obtain stories. This is all O’Keefe does. His oxymoronically named Project Veritas uses people posing as someone they are not, spouting misrepresentations,  to obtain video evidence of corruption in the bowels of political activism…Democratic political activism, that is. Recently, O’Keefe got various supporters of and volunteers for Allison Grimes—you know, that former Democratic National Convention delegate for Barack Obama running for U.S. Senator under the banner of Democratic Party in Kentucky who refuses to say that she voted for the current Democratic President?—to opine that that the candidate’s vocal support for the coal industry was a sham. As always with O’Keefe’s stings, the dedicated Daily Koses huffed and puffed and explained why the videos were misleading (the usual excuse is that the victims “caught in the act of being themselves,” as Candid Camera creator Allen Funt used to say, were “going along” with O’Keefe’s sham. This was also the excuse of many of the Congressmen filmed taking bribes in the Abscam sting. It is not persuasive.) Continue reading →