Comment Of The Day: “Ethics Dunce: Leroy Schumacher, Grieving Grandfather”

“I usually tone down the “prophet Jeremiah” flavor notes when I reread these,” wrote Benjamin after I told him that his previous comment was the COTD. I’m glad he didn’t. I prefer strong assertions of ideas and principles ( as you might have noticed ) because they encourage strong reactions.

I  decided to write about a two-year-old story about a grandfather who opined that it was “unfair” for a man in a home his grandson was breaking into to shoot the teen and his two fellow home invaders with an AR-15, because they only were carrying a knife and brass knuckles. His absurd lament  crystallized nicely the “logic” of anti-gun zealots, who now are about to ban that semiautomatic weapon (among other anti-gun ownership  measures) in Virginia, where I live. Benjamin, however, saw larger significance in the the episode.

Here is his Comment of the Day on the post, “Ethics Dunce: Leroy Schumacher, Grieving Grandfather,” which takes off from a quote by another commenter:

“I’m sorry he lost his grandson.”

I’m not. Such are the grandsons who ought to be lost. Mercy would be best, of course, but his survival would’ve necessitated the death of the innocent as a direct consequence of his direct intentions. Mercy is an elevated form of justice, so no unjust intention can ever be merciful. But, going one further, this grandfather’s response to losing his grandson belies a total abandonment of principle for the sake of immediate self-interest. No doubt, these are “values” he instilled in his children and they in his grandchildren. If we’re going to move for the mutilation of our laws, for the sake of bargaining, we could at least make a far less ridiculous mistake in steering the public support to seeking to penalize this grandfather for his not-totally indirect involvement in (and perpetuation of) the crime.

Such are the grandfathers who ought to be lost. At the very least it would be an effort (maybe the first I’ve seen in my life) to reverse the engineered-and-enforced public tolerance for addictive ideas corrosive to public decency. It would be better to instill in society (rather than the laws) an intense rejection of ideas like this and the people who hold them, but politics takes place in the realm of the possible, as they frequently tell me. Continue reading

Ethics Dunce: Leroy Schumacher, Grieving Grandfather

Two years ago, 17-year-old Jacob Redfearn and two friends, 19-year old Maxwell Cook and 16-year old Jake Woodruff, conspired with getaway driver Elizabeth Rodriguez, 21, to burglarize an Oklahoma home. Dressed in black and wearing masks and gloves, with one of the three young men  carrying a knife, and another brass knuckles, the home invaders were all shot dead by the homeowner’s son, who used a legally purchased AR-15 semiautomatic rifle. Rodriguez was charged with felony murder.

It is tragic that the three young morons met a premature end due to their fatal choices, but it isn’t tragic that the shooter had the means to protect himself and did. That’s not how Leroy Schumacher, the grandfather of  Redfearn, saw it. He maintained that the deaths of his grandson and his fellow home invaders were unfair because the  AR-15 gave the shooter an unfair advantage.

Now we know where Jacob inherited his reasoning ability. Continue reading

No Way Out? The Rodney Reed Affair [UPDATED!]

Rodney Reed was convicted by a Texas jury in 1998 and sentenced to die for the rape and murder of 19-year-old Stacey Stites two years earlier. On April 23, 1996, Stites’s body had been found on the side of a country road outside of Bastrop, Texas. Marks on the woman’s  neck led investigators to conclude that she had been strangled, and she had had sexual relations with someone before she was killed.

Police tested the recovered DNA against that of Reed, then 29 years old.  There was no other evidence tying Reed to the murder, other than the fact that he initially lied to police, claiming that he didn’t know the victim. Finally, Reed said that he was having a sexual affair with her, and that the two had sex a couple of days before Stites was found dead. The witnesses Reed’s defense called to confirm the relationship between the two were not convincing, for varying reasons. It didn’t help Reed’s cause that he was regarded as a serial sex offender, with many arrests on his record.

As The Intercept explains in detail, the case against Reed has deteriorated over time, and was never strong to begin with. Many forensic pathologists have concluded that the verdict lacked scientific support. The medical examiner who conducted Stites’s autopsy has recanted his testimony. In 2018, both a state crime lab and a private DNA lab undercut the testimony of their own employees who had testified at Reed’s trial.  Nonethless, Reed is scheduled to be executed in five days, on the 20th of November.

The new evidence indicating that he was wrongly convicted has not been reviewed by a court and apparently will not be because of the judicial principle of finality, the very old concept that hold that legal disputes at some point achieve a resolution that cannot be appealed and must be regarded as final. The principle is deemed necessary because without it, the public could not trust in the meaning of any law, or the result of any legal process. It is a utilitarian principle: individual cases may have unjust results occasionally, but the system as a whole benefits from the certainty of finality.

When the finality principle will result in the execution of a someone who appears to have been wrongly convicted, however, the gap between law, justice and ethics is difficult to accept.  The Supreme Court will consider Reed’s case today. There is also a plea to Abbott and to the Board of Pardons and Paroles to intervene.

The ABA has also made an appeal to the Board, via a letter from American Bar Association President Judy Perry Martinez.  Continue reading

Sunday Ethics Warm-Up, 10/6/2019: Fan Ethics, Hospital Ethics, Vandalism Ethics, And Diplomatic Immunity

Well, I woke up…

…and as my father was fond of saying, that should be enough. Of course, he adopted that philosophy during combat in World War II…

1. I have been asked, “With your beloved Red Sox out of the post-season, are you paying attention to the play-offs?” The answer is, “Oh, sure.” I’m not like Yankee fans, what my dad called “summer soldiers.” In fact, the post-season is a more enjoyable, less anxious, purer experience for a fan when his or her team is absent. I can just enjoy the beauty, suspense and constant surprises of baseball without being distracted by my emotions, conflicts of interest, and bias. Post-season baseball is the best of the game; when I am trying to introduce baseball to neophytes, this is the best time to do it. Yes, the dumbed-down broadcasting by the networks is annoying, but it’s always been that way. And yes, I still have some rooting biases: most of my friends  are Washington Nationals fans, do a piece of me is supporting them. I like underdogs, so the Twins, Rays, and every National League team but the Dodgers have my sympathies. The Yankees have had such a courageous, astounding season, winning over a hundred games despite having more significant injuries than any MLB team in history, that I even find myself rooting for them, because if any team deserves a championship, the 2019 New York Yankees do.

2. First, do no harm. Second, don’t be an asshole...This is incredible. Employees at a St. Mary’s Regional Medical Center in Lewiston, Maine  created a “wall of shame” where they displayed confidential medical records of disabled patients in 2016, the state Human Rights Commission has found.

The records posted on the wall concerned sexual activity, photos and descriptions of  body parts and bodily functions of patients. St. Mary’s told CNN that it is “fully committed to ensuring this doesn’t happen again.”

Gee, that’s comforting. How did this happen in the first place?

The Shame Wall was revealed as part of a harassment complaint. MyKayla McCann, an employee who had been treated at the hospital, said that the existence of the “wall of shame” constituted an “abusive environment” where hospital staff displayed open hostility to those with disabilities.

“Coworkers constructed a workplace display ridiculing patients with disabilities. [McCann] encountered the display every day as part of her regular environment, making harassment pervasive,” the investigation said. “The information posted on Shame Wall was intended to demean and humiliate and included supposed ‘jokes’ about the hospital’s physically and mentally disabled patients.”

One employee was fired and another was given a warning in response to the incident. It took the hospital  four months after McCann’s complaint to take the Shame Wall down, according to the report. How caring. How efficient.

Continue reading

When Absolutism Must Prevail: “Choice Of Evils”

“Choice of Evils,” taken from the utilitarian philospher Jeremy Bentham’s (1748-1832)  famous quote above, is an ethically rich “Law and Order” episode from 2006 that I recent watched again. Assistant DA Jack McCoy decides to prosecute a mother for murder after she admits to shooting her homeless, psychopath son. Her defense: she did it to protect the community, or, in cruder terms, he needed killing. She had met his girlfriend who was pregnant,  and told her that her son would eventually kill her and the baby if she didn’t get away.

The mother explained that her first husband and the dead man’s father is in prison for murder, and like his son. lacked empathy or a conscience. She related how her son displayed all the traits of a psychopath growing up, such as torturing and killing animals. In sympathy for her plight, McCoy offered the mother a manslaughter plea and short prison time, but she turned the deal down, adamant that she hd done nothing wrong.  She was then charged with second-degree murder (that’s also generous, since the killing was premeditated), and the trial began.

The problem of how to deal with “bad seeds” is a  societal dilemma of long standing, and one without a satisfactory solution. It is easy to sympathize with the mother’s plight, but a society that approves of preemptive executions when an individual  seems likely to harm someone before he or she actually does is on a fast track to chaos; it’s not even a slippery slope. Once again, the seductive appeal of pre-crime measures has to be resisted decisively, or individual rights and justice mean nothing.

Does society have to wait until a loudly ticking time bomb goes off? If it’s a human time bomb, absolutely, and no exceptions. Sometimes, that metaphorical bomb turns out to be a dud, and every human being has the same right to be judged on the harm, if any, he or she actually does rather than the harm some feel they are certain to do.

In the episode, it is discovered mid-trial that the son had in fact murdered a man, which his mother did not know at the time she murdered him. McCoy argued to the judge that this was irrelevant to the case and likely to mislead the jury. He was correct. The mother’s act was exactly as illegal and intolerable whether her son was a likely killer or a proven one. The discovered homicide is an example of moral luck: it changes how the mother’s act is perceived, but doesn’t change the ethical analysis at all.

In the end, the jury votes guilty, and sends the mother to prison for 25 years. This is because she admits on the stand that her current husband had threatened to leave her if her son moved back into their home, which he announced he would soon do. Thus the preemptive murder began to look less like an altruistic act to spare society, and more like one for the mother’s personal benefit.

Again, it shouldn’t have mattered. Killing a human being based on probabilities and presumed future harm to society can never be deemed just or tolerable.

Never.

Morning Ethics Warm-Up, 7/30/2019: The More Edition

 

More anti-gun posturing, more diversity deceit, more sympathy for parents who kill their kids in hot cars….more.

1. Leadership Ethics: California Gov. Gavin Newsom shows how not to respond to a tragedy. It has been apparent for some time that Newsom’s objective is to make Jerry Brown look like a thorough and moderate professional by contrast. His reaction to the fatal shooting in Gilroy, California, over the weekend, which took the lives of three people (including two children)  was a) to immediately politicize the tragedy; b) blame Trump, which is pandering gold; c) engage in outrageous hyperbole; d) recycle the silliest of anti-gun tropes, and e) do so while lacing his comments with profanity, because cursing makes bad arguments more persuasive, or something.

Most of his statement before the cameras was inarticulate, stuttering and emotional. Forget about the competent leader’s duty to show calm and professional demeanor so the public knows a capable adult is in control. This is how you signal virtue, and that you care. Once  the honorable Governor of California began talking in complete sentences, this was his approach:

“It’s just an outrage. I can’t put borders up — speaking of borders — in a neighboring state where you can buy this damn stuff legally. How the hell is that possible? [ Comment: How is it possible that states make their own laws, and California doesn’t get to dictate to Nevada? Let’s have a show of state hands to see how many states appreciate Gavin’s state creating a magnet for illegal immigrants, who then can proceed to travel where they wish.] I have no problem with the Second Amendment. [Note: That’s an obvious lie, but we can assume Newsom would say that he supports “sensible gun control,” which in eventually means “no guns.”] You have a right to bear arms but not weapons of goddamned mass destruction. [Note: No rifle, much less single shot rifle, is a weapon of mass destruction, and certainly not a goddamned weapon of mass destruction. This is disinformation, but hey, the governor is hysterical, so give him a break.] You need these damn things for hunting? Give me a break. [Note: The argument that the Second Amendment exists for the benefit of hunters is false, and dishonest, but anti-gun demagogues, especially Democratic governors—New York’s Governor Cuomo has made similar statements—keep recycling it. It convinces ignorant people, you see.] It’s just sickening… the leadership today that just turns a blind eye and won’t do a damn thing to address these issues. [ Translation: “Do something!”] What’s goddamned absent in this country right now is moral authority. [Comment: Whatever that means coming from an official of a party that ridicules and marginalizes religious faith.] California’s doing its part, but Jesus, these guys, the folks in the White House have been supporting the kinds of policies that roll back the work that we’re doing,. [Note: the “policies” Newsom refers to are known as the Bill of Rights.] It keeps happening, over and over and over again, on their damned watch. [Clarification: The shootings happened on Newsom’s watch as well, and before 2017, President Obama’s watch. Newsom didn’t make the “watch” argument then, for some reason]

This was pure, irresponsible demagoguery. As usual, the news media didn’t help by refusing to clarify that the “assault-type weapon” used in the shooting was not the  automatic, military  version of the AK-47 which is illegal, but the legal, single shot version. (“Assault-type” and “assualt-style” mean that the gun looks like an automatic, but isn’t. It is pure deceit. )That would require, however, exposing how ridiculous and dishonest the “weapons of mass destruction” line was. Continue reading

Prosecutorial Ethics: Not Charging The Police In The Eric Garner Case Is The Right Ethical Decision…

…and trying any of the officers involved would be unethical.

Naturally, Eric Garner’s family immediately is attacking  the decision of the Justice Department today not to bring federal charges against  the New York police officers whose ugly and violent arrest of Eric Garner in 2014 led to his death. This incident came in the midst of several high-profile police shootings following the triggering Trayvon Martin killing, and led directly to the emergence of Black Lives Matters as well as launching one of several catch phrases connected with the movement, “I can’t breath.”

The Department of Justice took a long time reviewing the incident and the evidence, and could not determine that Officer Daniel Pantaleo willfully committed misconduct, an “essential element necessary to bring federal charges,” a senior department official told reporters at a briefing today. Considering all the elements of the  crime required to be proven under the law, the DOJ official said, the conclusion was that  the police conduct did not “fit within the statute.”

In deciding not to bring charges, U.S. Attorney General Bill Barr sided with federal prosecutors in Brooklyn. The  Justice’s Civil Rights Division had favored bringing charges.

The main problem facing the Justice Department and the New York prosecutors was that a conviction would be unlikely, making a prosecution more of a show trial than a real one, much like the George Zimmerman trial for allegedly murdering Martin. That trial was brought unethically to slake activist thirst for vengeance against Martin’s shooter, despite the glaring  evidence indicating self-defense. Prosecutors may not use the process itself to punish citizens. If a trial can’t be won, or if the justification for charges are dubious, then it is professional misconduct to bring them.

Were police negligent and reckless in using such aggressive measures to bring down a suspect who was resisting arrest? Absolutely, and this was addressed, as it should have been, in a civil trial. (Garner’s family was awarded 4 million dollars from the city.) Did the cops intend to kill Garner? It takes real anti-police bias to conclude that. The video shows a huge, morbidly obese man resisting arrest by a group of much smaller officers, who pretty evidently over-reacted. Although the ME attributed Garner’s death to “compression of neck (choke hold), compression of chest and prone positioning during physical restraint by police,” the defense in a criminal trial will have no trouble finding persuasive expert testimony to the effect that what ultimately killed Eric Garner was his weight and poor health. Continue reading