Joe Paterno

Morning Ethics Warm-Up: 8/15/2017

/ Jack Marshall / 21 Comments

Gooood Morning, Ethics Alarms!

1. And the grandstanding goes on. CNN’s HLN repeatedly played the Tonight Show’s Jimmy Fallon’s undoubtedly heartfelt and gratuitous “very special episode” where he condemned racism and bigotry and saluted the victim of the vehicle attack by James Fields, saying that she was standing up for “what was right.” I’m sure she thought she was. She was, however, in a group that stood for the suppression of free speech and political views they have decided don’t deserve First Amendment protection. That is NOT “right.”

Shut up and be funny, Jimmy. You haven’t been given that show to make half-baked and ignorant political pronouncements, That’s Stephen Colbert’s job.

2. The President came out yesterday with an unequivocal condemnation of racism, bigotry, violence and white nationalism. The Times headline today notes this, but that “some say it was too late.” Of course “some” do.  And besides, says my allegedly rational liberal former Democratic Congressman staffer Facebook friend, it is obvious what he really believes. And besides, even if his statement hadn’t been too late, there were “dog whistles” in it, and his body language was suspicious.

I have to keep reminding myself that these people are ill, in the grip of a powerful mob mentality  and to “hate the sin, never the sinner,” as Clarence Darrow said (but probably didn’t believe).

3. Related: from Investor News Daily, via Instapundit:

“Obama never mentioned the anti-cop sentiment fomented by Black Lives Matter — with an assist from Obama himself — in his brief statement after five police officers were assassinated in Dallas. Obama did find room in those remarks to mention racist cops. Did anyone on the left complain?”

Wait—is it too late for Obama to condemn anti-white racism now? Continue reading →

Ethics Quote Of The Month: Judge John Boccabella

/ Jack Marshall / 18 Comments

“[These defendants are] good people who made a terrible mistake…Why no one made a phone call to police is beyond me.”

—-Dauphin County (Pennsylvania) Court of Common Pleas Judge John Boccabella,  as he sentenced three former Pennsylvania State University officials, including  former university president  Graham B. Spanier, to jail terms last week for doing nothing after they were informed that told in 2001 that a former assistant football coach, Jerry Sandusky, had been seen molesting a boy in a locker room shower. Sandusky was found guilty of subsequently molesting many other children.

Of course he’s good person—just look at the guy!

This is, of course, the last act of the Joe Paterno/Penn State/Jerry Sandusky tragedy, which burgeoned into an Ethics Train Wreck and occupied as much attention on Ethics Alarms as any other event in the blog’s history. You can review all of that here, if you have the interest or the time.

Right now I want to ponder the judge’s statement with a few questions and observations….

1. By what standard can the judge call this “a mistake’? This is like George Costanza in “Seinfeld” asking his boss if having sex on his desl with the office cleaning woman was wrong, as if the option posed a legitimate puzzle at the time he did it. Was it a mistake because Sandusky turned out to be a serial child predator rather than just trying it out that one time? Was it a mistake because for once the justice system held a university president and other administrators criminally responsible when they looked the other way to protect their precious institution while endangering innocent children? Did Spanier et al. make a “mistake” in calculating the odds? Was the  alleged “mistake” not understanding that “I saw Jerry a huge 50-year old man naked in a shower with a little boy” meant that something was amiss? Do you really believe that was how these men were thinking? Did the judge?

2. Why does the judge say these were good people? Because they had responsible, prestigious jobs? Because people trusted them? Because they are white, or wealthy, or have no criminal records? There are millions of prison inmats who have done less damage than Spanier, Peterno and the rest. Are the good too? Better than the Penn State enablers?

3. It your ethics alarm fails when it is most essential that it ring like crazy, what good is it?

_______________________

Sources: Washington Post, New York Times

Willful Amnesia And The Great Cat And Dog Massacre

/ Jack Marshall / 34 Comments

Did you know that animal-loving British families killed an estimated 400,000 household pets—cats and dogs—in the first week after Great Britain declared war on Germany in September, 1939? Neither did I, and now a new book by Hilda Kean, “The Great Dog and Cat Massacre,” sets out to remind us of that ugly episode.

As the New York Times review of the book notes and Kean explains, the mass euthanasia was “publicly lamented at the time,” but has since been erased from memory.  But why has it been erased from memory, and how? This is a disturbing cultural phenomenon that Ethics Alarms has covered before, notably in the post about dance marathons in the U.S. during the Depression. One of the definitions of culture is what we choose to remember and what we choose to forget. Forgetting, however, while often psychically soothing and an easy way to avoid guilt and accountability, is a pre-unethical condition. That which has been forgotten can no longer teach us, and a society that collectively decides to pretend something cruel, horrible or traumatic didn’t happen risks allowing it to happen again.

This, of course, is one more reason why the recent progressive mania for historical airbrushing is dangerous, irresponsible and unethical. Keep that statue of “Joe Pa” on the Penn State campus. Leave  King Andy on the twenty dollar bill.  Don’t take down that bust of Bill Cosby in the TV Hall of Fame. All civilizations have fallen heroes, moments of panic, times when they forget their values and betray their aspirations. Of course it is painful and embarrassing to remember these things, but also essential if human ethics are going to progress instead of stagnating, or even going backwards. We associate the elimination of cultural memories with totalitarian regimes, and for good reason, for they are blatant and shameless about it.

No nation is immune from the process’s appeal, however. When I was going to grade school and studying the Presidents of the United States, Jackson and Woodrow Wilson were routinely hailed by (mostly Democratic) historians as among the greatest of the great. The first Jackson biography I read barely mentioned the Trail of Tears. I read four well-regarded biographies of Wilson that ignored his support for Jim Crow, and the degree to which he deliberated reversed advances in civil rights, being an unapologetic white supremacist. The influenza epidemic that killed millions was excised from my school’s history books. Thomas Jefferson’s concubine, Sally Hemmings? Who? Continue reading →

Penn State Trustee Al Lord Says He’s Running Out Of Patience With Jerry Sandusky’s “So-Called Victims”

/ Jack Marshall / 4 Comments

Do you still wonder how and why beloved Penn State football coach Joe Paterno and his superiors contrived ignorance while child predator Jerry Sandusky was using their facilities to trap his defenseless young prey? If so, you have a definitive answer in the recent statement of Penn State trustee Albert L. Lord, in an e-mail  to The Chronicle of Higher Education. that he’s..

“Running out of sympathy for 35 yr old, so-called victims with 7 digit net worth. Do not understand why they were so prominent in trial. As you learned, Graham Spanier never knew Sandusky abused anyone.”

Spanier is the dismissed Penn State president who was convicted of one count of child endangerment last week for his handling—non-handling, really— of complaints about Sandusky. The verdict was correct: Spanier, like Coach Paterno, intentionally failed to investigate repeated claims that Sandusky was molesting young boys on campus, because he didn’t want to know if the allegations were true, That would have endangered Penn State’s beloved football program, which meant more to him, and obviously Paterno, than crime, truth, education, or harm to innocent children. Spanier probably was certain the Penn State board would endorse his priorities. Based on Lord’s jaw-dropping message, it still might.

Some of the victims of Sandusky, Penn State, and the tactical apathy of Paterno and Spanier  have “seven figures” because Penn State is estimated to have paid out about $93 million to more than thirty Sandusky victims over twenty years. Lord—a moron— seems to think they got the benefit of the bargain. After all, what’s a little sexual molesting when you’re ten? Hell, he’d take a little diddling for three million bucks! Who wouldn’t? Go Nittany Lions! Continue reading →

The NCAA Withdraws Its Unethical Sanctions On Penn State

/ Jack Marshall / 5 Comments

Paterno Statue

To clear our palates of the nasty aftertaste from the welter of Ethics Train Wrecks crashing though our skulls of late, I thought it might be calming to note the latest settling of the wreckage from one of the worst ETW’s of them all: the Jerry Sandusky-Joe Paterno-Penn State Express.

Yesterday, the NCAA prematurely lifted its remaining sanctions on Penn State, deceptively declaring a victory and retreating because its sanctions were about to be declared illegal. I’m not going to write as much as I normally would about this, because I’d like to send you here, to Glenn Logan’s blog A Sea of Blue, where he covers the matter superbly. Glenn is a longtime visitor at eEthics Alarms, but his own blog keeps him too busy to comment as often as he once did. Not only is he ethically astute and a fine writer, he also is one of the rare bloggers who engages his commenters on a regular basis, a practice I obviously endorse.

When the NCAA decided to ignore its charter and the limits of its powers to slap Penn State with draconian punishment for conduct that had less to do with college athletics and more to do with the ability of a role model’s ability to corrupt a culture, I called it a capitulation to the mob, and wrote… Continue reading →

“Camp Kill Jews” Ethics

/ Jack Marshall / 10 Comments

And they say “Washington Redskins” is offensive.

"What a charming name! What does it mean in your language? Oh...wait, WHAT???"

“What a charming name! What does it mean in your language? Oh…wait, WHAT???”

From Spain comes the news that the town of Castrillo Matajudios, which literally means “Camp Kill Jews,” has voted to change its name after 400 years. This appears to be part of Spain’s recent, rather belated, I would say, efforts to acknowledge and express regret to Jews for the persecution they endured during the Spanish Inquisition.

Strange as it seem, the current name probably came into being not to denigrate Jews, but to protect Jews in the town who had officially converted to Catholicism under threat of torture and death. As such, it is a piece of history, and the words convey information about the town, the country, and the people who lived there, not a slur….except to someone who knows nothing about the town.

I’m not aware of a perfect analogy for this situation. It has some similarities to the plight of the towns of Blue Ball, Pennsylvania, named for a famous and long-gone hotel in the area, and the Amish community of Intercourse, Pennsylvania, named when a common uses of that term conveyed “fellowship.” In a  parallel universe where political correctness was dictated by social conservatives rather censorious progressives, these towns might be getting coercive signed letters from Republican Senators “suggesting” that they change their names to something less offensive, even though, as with the Redskins name, history and context would be lost. Continue reading →

Rick Curl, The University Of Maryland, Penn State, and Moral Luck

/ Jack Marshall / 19 Comments

The Rick Curl case is the ethics alarm that won’t stop ringing.

Could Joe be the rule rather than the exception?

Could Joe be the rule rather than the exception?

I’ve written about it twice, both times focusing on the devil’s deal made by the victim and her family, who allowed Curl, a renowned D.D. area swimming coach, to get away with sexually molesting a 13-year female swimmer under his supervision and escape either official detection or legal punishment for decades, as the victim’s family decided to accept $150,000 in hush money/ extortion/ settlement from the rapist-coach instead. Curl went on his happy coaching, and maybe child-molesting way—we don’t know if there were other victims or other pay-offs—even to the Olympics, until the girl he molested, Kelley Currin, had a belated attack of conscience at 40 and finally told authorities about what a trusted coach in close contact with girls on a daily basis had done to her, leading to Curl’s arrest last year.

Rick Curl was sentenced to seven years in prison for child sexual abuse at a hearing this week. At that hearing, we learned for the first time that the University of Maryland had been informed about the abuse more than 25 years ago, and probably knew about it before that. Continue reading →

The Red Caboose On The Penn State Ethics Train Wreck Arrives: The Paterno Family’s Report

/ Jack Marshall / 16 Comments

1-train-wreck-kari-tirrell

To understand what the Joe Paterno’s family’s report (released on Feb. 10) regarding the late Penn State football coach’s culpability in the Jerry Sandusky child abuse cover-up means, one has to understand what lawyers do, and why it is completely ethical for them to do so, as long as their role isn’t misrepresented by them or their clients.

Lawyers exist to allow non-lawyers to have access to a legal system that is (needlessly) complicated and technical, and to provide their legal training, analytical skills and advocacy abilities to their clients’ legal and legitimate needs and objectives. A lawyer who interposes his or her own opinions, judgments and desires on the client without being asked to do so is, in most cases, behaving unprofessionally and unethically. This is an essential principle to grasp, and yet the vast majority of the public do not grasp it. Nonetheless, without the partisanship a lawyer brings to the attorney-client relationship, regardless of whether a client is rich or poor, altruistic or venal, kind or cruel, we would all be slaves to the laws we supposedly create ourselves, through the machinery of a republic.

An independent investigation of the Penn State administration’s failure to stop serial child molester Jerry Sandusky from harming young children found that iconic football coach Joe Paterno was at the center of the school’s misconduct and the catalyst for it. The investigation was performed by Louis Freeh, a lawyer, a former prosecutor, a former federal judge, and once the head of the F.B.I.  His charge was to find out what happened and who was at fault—not to nail Paterno or anyone else.  It was an independent investigation, with no dictated result. Don Van Natta, a sportswriter whom I supposed should not be expected to understand such distinctions, writes,

“If the Freeh report was a prosecutor’s relentless opening statement that delivered devastating, far-reaching consequences, the Paternos’ rebuttal is a defense attorney’s closing argument brimming with outrage and fury.”

Wrong, wrong, wrong. The Freeh report was not a work of advocacy in an adversarial setting, but akin to a judge’s objective decision after reviewing the relevant and available facts. The Paterno family report, in contrast, is a work of advocacy, like a brief arguing an appeal to overturn a judicial decision against a lawyer’s client. The charge given to Freeh in his investigation was to find out what went wrong and why. (It began with the assumption that something did go wrong, which was reasonable, since a child predator had somehow managed to roam the Penn State campus for decades, including a ten-year period after he had been seen sexually assaulting a child in a Penn State shower.) Freeh was not told to get Penn State off the hook, or to pin as much as possible on Joe Paterno. The authors of the Paterno family report, however, were charged with the task of rebutting and discrediting Freeh’s report in order to rescue Joe Paterno’s reputation and legacy. It is an advocacy memorandum, like the torture memos and the recent Justice Department justification of the killer drone program. Continue reading →

Hypocrites of the Year: The NCAA

/ Jack Marshall / 8 Comments

Emmert: “Never again will the NCAA be blamed for the results of the culture we encourage and support. We hope.” (Or words to that effect.)

What’s wrong with the NCAA’s epic sanctions against Penn State in the wake of the Jerry Sandusky pederasty scandal? I’ve been thinking about this for a couple of days, and I’ve concluded that the answer is “Just about everything.”

Most of the focus of the media and pundits have been on the “punishing the innocent” complaint. As a general rule, I detest aversion to punishing the innocent as a justification for inadequately punishing the guilty or otherwise avoiding necessary steps to address problems; it’s a rationalization for encouraging unethical, exploitive, illegal and even deadly conduct. This toxic rationale has caused incalculable harm across the globe; it currently abets illegal immigration, out-of-wedlock childbearing, and the international crimes of dictators. The United States, within our lifetimes, may drive itself into financial collapse by adopting the theory that it is unfair and unethical to “punish” the expectant beneficiaries of entitlements that the nation can no longer afford by reducing  benefits, or by taxing wealthy citizens who opposed the profligate spending in the first place. As Ethics Bob writes in his post about the Penn State sanctions,

“Accountability for wrongdoing often brings down the innocent along with the guilty. Think about the workers at Enron, Arthur Anderson, or MCI-Worldcom, who lost their jobs when their bosses’ malfeasance destroyed their companies… there is no way of punishing the guilty without harming people close to, or dependent on them. Even a mass murderer–when he is sent away his mother suffers along with him. When Al Qaeda militants are killed, their family members often die with them.”

Bob isn’t making an invalid “everybody does it,” argument, but a practical, “that’s the way the world works” argument.  If we believe in accountability, we have to accept the fact that the innocent will often be collateral damage. It isn’t fair, but this is utilitarianism at its most persuasive. Allowing wrongdoers to  prosper is ethically worse.

If the NCAA sanctions against Penn State were otherwise appropriate, I wouldn’t have a problem with the collateral damage. They aren’t appropriate, however. The sanctions are unethical. Continue reading →

The Bill James Effect, Or How Nature Conspires To Make Us Irresponsible

/ Jack Marshall / 8 Comments

Quiz: What do Gen.Lee and Bill James have in common?

You see, our strengths do us in, sooner or later. The greater the strength, the more successful it has made us, the more dangerous it is.

In the American Civil War, Robert E. Lee was the smartest general on the field…so smart that he broke iron-clad rules of battle strategy again and again, and prevailed every time. When everyone told him how it was usually done, always done, Lee knew that he could get an edge by doing something else. You never divide your forces, his aides, subordinates and the military books told him. So Lee did, at Chancellorsville, and won an incredible victory.

Then came July 3, 1863: the final day of the Battle of Gettysburg, and Pickett’s Charge. Everyone told Lee that a massed Napoleonic assault, over an open field, into enemy artillery and a fortified line, was suicidal. But when conventional wisdom dictated a course of action, that was when Lee had always succeeded by ignoring it. So he ordered Pickett’s Charge. This time, conventional wisdom was right. The same qualities of creativity, courage, certitude, and willingness to resist the power of convention that had caused Lee’s men to trust him unconditionally had resulted in the massacre of thousands. Pickett’s Charge wasn’t bold or ingenious. It was irresponsible. Lee, because of a lifetime of success challenging what others thought was obvious, was no longer able to tell the difference. Continue reading →