justice

Reading Club Ethics: Punishing The Motivated And Successful In Hudson Falls

/ Jack Marshall / 28 Comments
There goes Tyler, doing more than he has to and spoiling things for everyone else...

There goes that show-off Tyler, doing more than he has to and spoiling things for everyone else…

Some day in the less-distant-than-we-might-think future, when the United States is a gray, socialist country populated by millions of Winston Smiths and Julias, historians and sociologists, if there are any left, may well look back on the species of American represented by Hudson Falls (New York) Public Library Director Marie Gandron, and reflect upon how it proliferated, eventually taking control of the culture and permanently stigmatizing initiative and talent to achieve the current ideological Holy Grail of guaranteed equal outcomes.

Ms. Grandon thinks its unfair that the student who reads the most books in the library’s student reading club summer competition keeps winning the annual distinction of being honored as the student who read the most books in the library’s student reading club summer competition.

Following the immortal logic of those who regard rewards for superior performance one more injustice spawned by the oppressive values of the United States of America, she reacted to the annual triumph by 9-year-old Tyler Weaver, who just loves to read and who again lapped his fellow club members in the Summer Reading Challenge for the fourth straight year, by suggesting that the rules should be changed. In an interview, the library director said Tyler “hogs” the contest and should “step aside,” because the other kids “quit because they can’t keep up.”  She told the reporter she planned on changing the rules of the contest so that instead of giving prizes to the children who read the most books, she would draw names out of a hat and declare winners that way. Continue reading →

Yes, The Best Criminal Defense Lawyers Represent The Worst People. Or You.

/ Jack Marshall / 20 Comments
When your life is at stake and you need help, don't screw around.

When your life is at stake and you need help, don’t screw around.

The degree to which the average American, even the average educated American, even the average educated and rational American, is ignorant about the ethical mandates and structure of the legal profession and the justice system is by turns shocking, depressing, and frightening. The consequences of this ignorance, for which the legal profession itself is largely to blame, bursts forth in all their ugly splendor after the acquittal of a Casey Anthony or, even more disturbingly, a George Zimmerman. Well meaning members of the public, who are nicely represented in this Ethics Alarms thread, think they are declaring their support for justice when they advocate cutting through all the troublesome bureaucracy and making sure what “everyone knows” is the correct result happens, and process be damned. Just do the right thing! How hard can that be?  This blogger, for example, has it all figured out. Leave it to him and people of a like mind, and we’ll have a police state in no time. Continue reading →

Clown Act: The Dumbest Ethics Train Wreck Of All

/ Jack Marshall / 26 Comments

deluxe-barack-obama-mask

I had hoped that I wouldn’t have to write about this.

Unfortunately, the saga of the Obama-mocking rodeo clown has, against my fervent hopes, turned into a full-fledged ethics train wreck. The diagnosis was complete once the Missouri chapter of the NAACP decided to disgrace itself, its parent organization’s mission and its supposed dedication to civil rights by calling for a Secret Service investigation into the incident, which Ken White posted on definitively here.

The Horror: someone mocked the President!  And because this President is black, and because his supporters have continually tried to use his pigmentation  (which should have no impact whatsoever on how he is treated, respected and judged, which is to say, like every other President) to shield him from unrestrained criticism, opposition, responsibility, accountability and satire, a crude comedy act in a setting where crude comedy is  the norm (a rodeo is hardly the Algonquin Round Table) has been turned into a full-fledged exercise in chilling political speech by intimidation. Continue reading →

“Studies Prove BMW Drivers Are Jerks”….And So It Begins

/ Jack Marshall / 26 Comments
"Look at THAT jerk. What's he up to, I wonder?"

“Look at THAT jerk. What’s he up to, I wonder?”

If you would like to ponder on how prejudices, stereotypes and bias worm their way into our brains, look no further than here, a Yahoo! report, via the Wall Street Journal, about how research backs up the widespread belief that drivers of BMWs are jerks. (Full disclosure: my son drives an old BMW, and loves it dearly. I love it less, because repairing the damn thing has required me to moonlight by entertaining at kids’ birthday parties and rodeos…)

Various studies, we are told, show drivers of the car are less likely to yield to pedestrians in crosswalks and to take the upper hand at four-way stops. In addition,

“…in the U.K., motorists were asked to identify the make and color of the car from which they have most frequently suffered road-rage incidents…The study of 2,837 motorists found men between the ages of 35 and 50 driving blue BMWs were most likely to be reported as having engaged in road-rage behaviors such as aggressive driving and swearing.” Continue reading →

I Would Have Fired Sympathetic, Well-Meaning, Grandmotherly Sharon Snyder, Too: The Perils Of Consequentialism

/ Jack Marshall / 132 Comments

Hear me out.

Why do I suspect that if this had been the clerk in question, we wouldn't be hearing about this story?

Why do I suspect that if this had been the clerk in question, we wouldn’t be hearing about this story?

The news media is indignant over the firing of Sharon Snyder, 70, a court worker who provided a copy of a successful motion for seeking post-conviction DNA testing that gained Robert Nelson a reversal of his wrongful 1984 rape conviction. He had been sentenced to more than 50 years in prison, and the belated DNA testing showed that he was innocent. Nevertheless, court officials in Jackson County, Missouri ruled that Nelson’s “angel” had improperly provided advice about a case, among other violations of court rules.

Snyder  was fired nine months before she was scheduled to retire, and there is little question that without her efforts, Nelson would still be in prison. In August 2009, Nelson filed a motion seeking DNA testing that had not been available at his trial 25 years earlier, but Jackson County Circuit Judge David Byrn denied the request. Two years later, Nelson asked the judge to reconsider, but again Byrn rejected the motion because Nelson’s self-drafted document was insufficient under the statute Nelson had cited.  After the second motion was rejected, Snyder contacted Nelson’s sister and gave her a copy of a successful motion, drafted by a lawyer, that resulted in the same judge granting another DNA testing request.  Nelson then used it as a template for a motion he filed Feb. 22, 2012, again seeking DNA testing.  Byrn sustained the motion, found Nelson to be indigent and appointed Laura O’Sullivan, legal director of the Midwest Innocence Project, to represent him.  Last month, the Kansas City Police Department’s crime lab concluded that DNA tests proved that Nelson was not the rapist in the crime he had been convicted of committing. He was freed on June 12, 2013

This is all good, and an example of justice finally, if belatedly, prevailing.

Snyder’s role, however, got her suspended without pay, and then fired on June 27. Continue reading →

Ethics Mega-Dunce: The First National Bank in Wellston, Ohio

/ Jack Marshall / 12 Comments
Katie Barnett, the victim.

Katie Barnett, the victim.

As I cull the news to find good topics for ethics discussions, the single thought that goes through my mind most frequently is this: “What is the matter with people?”  This is often followed by “How do people get this way?” and later, “What can we do with them?”

Most ethical decisions are not brain teasers. They are strikingly obvious, unless you are determined to do wrong, an evil super-villain, or were raised in a barn. How people of influence without a serious head injury can make the horrible decisions they do is one of the mysteries of the age, along with the fate of Judge Crater, the elusiveness of Bigfoot, and the continuing popularity of Jimmy Kimmel.

Imagine, for example, that you run a bank. The Three Stooges wannabes who you sent to repossess a home get the address wrong (the lawn hadn’t been mowed, so they “just assume”), and they trash the wrong house. They remove possessions, losing some, auctioning off others, damaging the rest. The innocent owner of the home comes to you and points out that your contractors screwed up outrageously, a fact that is beyond rebuttal. She presents you with a good faith estimate of the property that was lost—never mind the trauma of having her home emptied by strangers and the fact that she has had to live elsewhere for two weeks. What do you do?

If you are the president of the First National Bank in Wellston, here’s what you do, because you have a non-functioning ethics alarm and more than a few screws loose in other places besides: you reject her assessment, and try to low-ball her on the amount.

“What is the matter with people?”

“How do people get this way?” Continue reading →

Ethics Hero Emeritus: Willie Reed ( 1937-2013)

/ Jack Marshall / 9 Comments

Willie Reed

I began the day, to my surprise, with tears in my eyes from reading an obituary on the front page of today’s Washington Post.

The story announced the death of Willie Reed, who as an African American teenager in 1955, risked his life by testifying in a Mississippi court against the white men who had tortured and murdered Emmet Till, another black teenager, for the Jim Crow “crime” of allegedly whistling at a white woman.

The intensity of my emotional reaction surprised me. I think it was the product of being reminded of the horrific tragedy that befell Till and other black citizens at the height of segregation, and being slapped in the face with the reality, known to me but kept deep in the place in my brain where the ugliest things are sealed away to keep me from incurable despair, of the deranged hate that festered so long—and destroyed so many— in the country I love. I was also overcome with admiration and wonder at the almost unimaginable courage of Reed, who knew that by testifying in open court he was simultaneously  guaranteeing that he would be marked for Till’s fate for the rest of his life. Maybe most of all, I wept out of anger at my ignorance and the warped priorities of our culture and educational system, which ensures that we know the names and life stories of insignificant narcissists like Kim Kardashian, embarrassing political leaders like Michele Bachman, greedy athletes like Lance Armstrong, and cynical demagogues like Al Sharpton, but know nothing of the lives and deeds of unglamorous American heroes like Willis Reed. I consider myself an educated man, but I had never heard of him, which means I am not educated enough. I wish I could apologize to Reed. I wish I could shake his hand. I wish I could say, “thank you.” Continue reading →

Ethic Dunces: CNN Morning Anchors John Berman and Christine Romans

/ Jack Marshall / 31 Comments
Attacked and attacker. Guess which one the CNN sympathizes with?

Attacked and attacker. Guess which one the CNN sympathizes with?

[Update and Correction: When I wrote this post, the designated Dunces were identified as Chris Cuomo and Kate Bolduan, the new kids on the CNN block. I thought I verified that on CNN’s site, but a helpful reader told  me that Cuomo and Bolduan haven’t debuted yet. Which CNN anchors it was who egged on the egger were in doubt, so on June 11, I changed the post, discussing the issue but only referring to “CNN anchors.”  I also apologized to Chris and Kate, and put out a call for the right names. And promptly forgot about it: with everything else going on, this was neither a major ethics issue nor a two-day story. Then, today, June 13, Joe Concha of Mediate posted a full-fledged smackdown of me, Ethics Alarms and my research skills, and helpfully provided the correct identification in the process

I’m grateful to Joe, who also preserves my original correction, which this replaces. Once again, I apologize to CNN, Chris Cuomo and Kate Bolduan, and also to my readers for mucking up this one so thoroughly. ]

“It’s about time,” snickered  CNN early morning male anchor John Berman, as his partner Christine Romans smiled and nodded. They were approving of a man being assaulted live on TV while doing his job, a job he performs better and more profitably than anyone else in the world.

The man is Simon Cowell, late of “American Idol,” and an angry musician from the studio orchestra seized the opportunity to run onstage during the finale of  “Britain’s Got Talent” and hurl five eggs at Cowell from the stage. The woman, Natalie Holt, had been a contestant in the past, and the assault was part revenge for her own group’s harsh treatment on the show last year, part vainglorious stunt to punish Cowell, she claimed, for his “influence,” and part stupidity. After the show, Holt apologized to the two finalists whose performance she marred, but not to her victim, saying: “I want to apologize to Richard and Adam for overshadowing their performance. I’ve never done anything like this before and in hindsight I have realized it was a silly thing to do.”

But to listen to the CNN pair, what Holt did wasn’t silly, but hilarious, and justified. Continue reading →

Once Again, Fairness vs. Integrity In A Baseball Controversy

/ Jack Marshall / 2 Comments
George Brett was a bit chagrined when his home run was disallowed...

George Brett was a bit chagrined when his home run was disallowed…

It has happened again, as it has thousands of times since the great game of baseball was invented. A result that is permitted by the rules violates the sense of fairness of  objective observers, who thereupon demand that the result be “fixed,” after the fact, by baseball’s powers that be. The most infamous recent example of this scenario was in 2010, when umpire Jim Joyce robbed a deserving pitcher of the perfect game he had pitched (27 batters, 27 outs) by calling the final batter safe at first on a close play, when the player was obviously (to all but Joyce, that is), out. The umpire quickly and openly admitted his error after the game, but there is no provision in the baseball rules for the League or Major League Baseball reversing an umpire’s judgment call after the fact, no matter how bad it was or how unjust the results. Baseball’s Commissioner Bud Selig, to his credit, refused to yield to the popular outcry to give the unfortunate Detroit Tigers pitcher, Armando Galarraga, the achievement and place in baseball history that should have been his. The rules say that unless umpires have actually misinterpreted the black letter rules of the game, there is no remedy. Umpire errors, like player errors, are part of the game.

Last night, what should have been a game-winning home run was called a double by umpires, and what was worse, they held to their mistaken call even after the mandated video review MLB now allows for disputed home run calls. The umpires viewed video that clearly shows the Oakland A’s Adam Rosales’ hit clearing the wall, but crew chief Angel Hernandez bizarrely claimed that the video wasn’t conclusive enough to justify a reversal. Since the A’s lost the game by one run, this altered the result, and there have been calls for an official reversal with the game being replayed. Continue reading →

Medical Ethics: The Insideousness of Bias

/ Jack Marshall / 3 Comments

Obesity biasThe New York Times had an enlightening article about bias in its Science section this week. Apparently a study of the interactions between patients and their primary care physicians suggests that doctors are more pleasant, encouraging, empathetic, kinder—just nicer, in short—to their normal weight patients than they are to those who are obese.

From the article:

‘“It’s not like the physicians were being overtly negative or harsh,” said the lead author, Dr. Kimberly A. Gudzune, an assistant professor of general internal medicine at the Johns Hopkins School of Medicine. “They were just not engaging patients in that rapport-building or making that emotional connection with the patient.” …While such expressions of concern and empathy are not remarkable on their own, what was surprising was how absent they were in conversations with overweight and obese patients. And statements like these are no small thing. Studies show that patients are far more likely to follow a doctor’s advice and to have a better health outcome when they believe their doctor empathizes with their plight.

‘“When there is increased empathy by the doctor, patients are more likely to report they are satisfied with their care, and they are more likely to adhere to recommendations of physicians,” Dr. Gudzune said. “There is evidence to show that after visits with more empathy, patients have improved clinical outcomes, so patients with diabetes have better blood sugar control or cholesterol is better controlled.”’

Continue reading →