The Ethics of Compensating the Unjustly Imprisoned

The New York Times last week published the stories of two men, in different states, who were recently freed from prison after it was proven that they were wrongly convicted. Michael A. Green spent 27 years in a Texas penitentiary for a rape he didn’t commit. Thomas Lee Goldstein was locked up 24 years ago for a murder committed by someone else.

The lives of both men have been destroyed, obviously. The important question now is, who is accountable? What is owed to a human being who has been robbed of what should have been the best and most productive years of his life, and who owes it?

Both men will be getting some compensation from the state governments involved, though obviously no amount of money could make them whole: what would you accept in exchange for spending the years from 35 to 60 in a maximum security prison? Goldstein settled a lawsuit for nearly eight million dollars; Green is mulling an offer of $2.2 million from Texas, and may decide to sue to get more. 2.2 million dollars for 27 years in prison…let’s see, that works out to less than $81, 500 a year. Should he take the deal? I would not accept 2.2 million dollars to spend one year in jail, much less 27. Continue reading

Ethics Heroes: The Texas Commission on Judicial Conduct

Thank you, Commissioners, for avoiding the impulse to support a fellow judge, and standing up for decency, compassion, and common sense in the judicial profession.

In a display of arrogance, rigidity and callousness that has justly haunted her for three years, Sharon Keller, the Presiding Judge of the State Court of Criminal Appeals, told a clerk to close down the courthouse on the dot of  5:00 PM on September 5, 2007, knowing well that attorneys were rushing there to file a last-minute appeal to save a prisoner from execution. Once the doors were closed, there was nothing they could do, and their client, Michael Richard, was put to death that night. Continue reading

Obama’s Unethical Gift to the Trial Lawyers

After January 1, 2011, when you begin to process all the new taxes coming your way and all the deductions you can no longer take, think about this:

The nation’s largest trial lawyer trade group, the American Association for Justice, has announced it was informed by Obama Administration officials that the U.S. Department of Treasury will give its members (and all tort lawyers) a tax break on contingency fee lawsuits. The new provision is expected to mirror proposed legislation by Sen. Arlen Specter, himself a lawyer, that was previously rejected by Congress last year. That bill would have allowed attorneys to deduct up-front costs in contingency fee lawsuits. Continue reading

Ethics Audit: the Deep-Water Oil-Drilling Ban Saga

President Obama’s ban on deep-water oil drilling in the wake of the Deepwater Horizon Gulf oil disaster pits important ethical values against each other: fairness vs. responsibility. On both sides of the equation is prudence. New Orleans federal judge Martin Feldman over-ruled the ban and issued an injunction against it, saying in effect that there was no contest: the ban isn’t fair, prudent, or responsible.

The Obama Administration’s ethical argument supporting the ban goes something like this: Continue reading

Ethics Challenge: the Fisherman and the Pole Vaulter

Many readers disagreed with Ethics Alarms on its verdict in the women’s track and field tournament story, where the championship-winning pole vault was disqualified after the opposing coach complained that the vaulter was wearing a bracelet, which was specifically banned by the rules. I argued that the rule was clear and unambiguous, that the coaches had the duty of making sure each competitor followed it, and that simply pretending that the rule didn’t exist because the result of enforcing it was harsh was not an ethical option for the referees. The coach who flagged the rules was well within ethical limits by making sure that his team, which obeyed the rules, wasn’t defeated by a team that didn’t, even if the rule violated didn’t help it succeed.

Your challenge, should you choose to accept it, is to explain why this recent scenario, in a very different sport, should be looked at differently from the track meet, or not. Continue reading

Nursing Strike Ethics and the Coolidge Principle

“There is no right to strike against the public safety by anybody, anywhere, any time.”

Long before he was famous for his abrupt and verbally stingy one-liners, Calvin Coolidge’s best known quote was this one, and we forget it at our peril. The line probably made him President: its context was the Boston police force strike of 1919. Coolidge, then Governor of Massachusetts, sided against the strikers, who despite legitimate demands for better pay and working conditions, lost their jobs. The next generation of Boston police officers, mostly hired from the ranks of veterans of World War I, got the benefits the strikers sought.

Coolidge’s sentiment is still valid, though unpopular, as ever, with organized labor and public servant unions. It was the philosophical and historical basis for President Ronald Reagan’s firing of the striking air traffic controllers during his first term, despite stong public sympathy for their stand. Like the Boston Police in 1919, they also lost their jobs for ever.

12,000 nurses in Minnesota Nurses Association are eligible to vote today on a potential indefinite strike. Continue reading

The Senate Closes an Unethical Tax Loophole

When a defendant corporation is hit with punitive damages in a jury verdict, that means that in addition to causing the plaintiff’s injuries or damages, the corporation also was guilty of wrongdoing. Punitive damages are large amounts of money that the losing defendant must pay over and above compensatory damages, in order to make it too expensive for the company to keep doing what caused the original problem. This is one of the virtues of the civil justice system. Thanks to punitive damages, a lawsuit by a single injured party can result in a sufficiently painful financial penalty that the corporation has a significant incentive to reform.

So why do the tax laws allow companies to use punitive damages as tax deductions, since it 1) lowers tax revenues and 2) makes the damages less expensive, less painful, and less of an incentive to correct unsafe, dangerous or dishonest practices? Continue reading

Milt Pappas in the Baseball Ethics Wilderness

Polls say the vast majority of baseball fans wanted Commissioner Bug Selig to over-rule umpire Jim Joyce after the fact and award Armando Galarraga a perfect game. The point of view is purely emotional, and as an ad hoc break with the rules, traditions and practices of the game would be so devastating to baseball’s integrity that I did not expect anyone outside the sport to adopt it. I was very wrong about that. Ex-pitcher, ESPN commentator and blogger Curt Schilling and Sports Illustrated baseball writer Jon Heyman were just a few of the voices calling for Bud to announce that Joyce’s epic mistake, among the thousands and thousands of terrible judgment calls by umpires in the game’s history, should be the one that is changed after the game is over.

But an ex-pitcher who threw a no-hitter himself, Milt Pappas, did us all a favor by showing the ethics wilderness this kind of thinking can cause to sprout overnight. First, Pappas wistfully suggests that if Galarraga’s lost perfect game can be saved by Selig, maybe his 38-year-old not-quite-perfect no-hitter  can be similarly burnished. Pappas also believes that a perfect game is so important, umpires should consciously try to one along. if I interpret his “logic” properly, he thinks that on Joyce’s erroneous call the umpire should have called the runner “out” on a close call even if he was safe. Continue reading

The Ethics of Giving Up on Ethics

Paul Daugherty, a sportswriter for the Cincinnati Enquirer,recently wrote a column expressing a theme I hear all too often regarding politics, government, education, and society generally. Motivated by the steroid allegations against yet another hero, Lance Armstrong, Daugherty penned his surrender to a culture that doesn’t seem to care about ethics. Daugherty wrote:

“Everyone wants sports to be equitable. We all desire the level field. No one wants sports to be as drugged up as Woodstock in 1969. But it is. We’ve fought the ethical fight. We’ve lost. It could be time to let it go.
Even the athletes who lose still win. Mark McGwire got his, Barry Bonds got his, Brian Cushing got his. If you wait enough, deny enough, then rationalize believably, you get yours. Disgrace fades. Only Olympic athletes wear the stink of doping longer than the average 5-year-old’s attention span. In one respect, it’s not unlike the fight against legalizing marijuana. It has lasted so long, and now seems so pointless, I can’t even remember what we’ve been arguing about. We’ve become numb to it….It’s only a little outrageous now to suggest that a professional athlete be allowed to use performance-enhancing substances to his (enlarged) heart’s content, as long as he’s doing it legally….So what’s the point?”

“What’s the point?” Continue reading

The Arizona Boycotts: Unethical and Unjustified

Seattle, San Francisco, Los Angeles, Washington D.C., Boulder, Boston, St. Paul, Austin, El Paso, Oakland and San Diego have all announced a boycott of Arizona, which stands condemned, in their view, of “violating basic American principles,” “Draconian law enforcement,” “promoting racism,” and “un-American measures.” All this, for announcing that the state is going to enforce a law long on the books that the Federal government stubbornly fails to enforce itself.

Almost all boycotts are unethical, and this one doesn’t come close to being fair or reasonable. Boycotts use economic power to bend others to the will of large groups that disagree with conduct or policy, bypassing such niceties as debate, argument, and rational persuasion. They can be effective, but they always depend on causing harm to third-parties, bystanders and others not directly involved in the decision that prompted the boycott, thus creating pressure on decision-makers to change direction based on considerations that have nothing whatsoever to do with the underlying controversy. It is a bullying tactic, and the only way it can pass ethical muster is if the reasons for it are clear, strong, virtuous, undeniable, and based on irrefutable logic that the boycott target is so wrong, and doing such harm, that this extreme measure is a utilitarian necessity. Continue reading