The Last Word on “Taser Boy”

Today the New York Times weighed in with an editorial on the Phillies taser incident, not surprisingly siding with the kinder, gentler majority who have argued against the position taken here, sometimes, like my passionate friends over at Popehat, in a not so kind or gentle way. “The best course there [Philadelphia], as anywhere, is smarter, more attentive security in the stands,” the Times said. “Maybe it’s also higher Plexiglas, stiffer trespassing fines, less beer. Force must always be the last resort. Tasering a showboating kid is just plain excessive.”

<sigh!>

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The Fan, the Taser, and Respect for the Law

A teenaged fan ran out on the field in the middle of a Philadelphia Phillies game a couple of days ago. This happens many times, too many times, during the baseball season, and it is always followed by a merry chase, sometimes with fans laughing or cheering, featuring over-weight security staff or police trying to capture the fool, and occasionally a featuring a  surprise, like a player intervening and decking the guy. There was a surprise this time, all right: when the fan wouldn’t stop after the pursuing officer told him to, he was shot with a taser. And some fans cheered at that, too.

A tsunami of criticism is now crashing over the security officer, condemning the tasering of 17-year-old Steve Consalvi, sometimes in terms more appropriate to discussing Abu Ghraib. If I were Consalvi’s father, I would counsel him to immediately issue a statement taking full responsibility for the incident and absolving the officer. The teen’s conduct was irresponsible and illegal, and for it to result in any adverse employment action against the security officer who tasered him would only compound the offense. This is especially true because the critics of the officer are dead wrong. They are in the grip of a dangerous, illogical but increasingly popular idea in our culture that submitting to  legitimate police authority is one of those things that we can do or not do without consequences or stigma. The fan on the field is one of the mildest examples of disrespect for the law, but it is a perfectly good place to start getting our ethics unmuddled. Continue reading

Randy Cohen Watch: “The Ethicist” vs. Integrity, Accountability, and the Law

Randy Cohen, “The Ethicist” of the popular New York Times Magazine column, frequently gets in trouble when he opines on the law, legal ethics, and how lawyers interact with society. This week he was at it again, and he got in trouble, all right. Big time.

Bruce Pelligrino wrote to the column to get “The Ethicist’s” take on the actions of a friend, who told Bruce he wanted to hire a lawyer to challenge a speeding ticket even though he had admitted to the police officer, in the presence of his children who were passengers in the car, that he had been driving 51 m.p.h . where the limit was 35.

“I think he should accept the consequences, learn from the experience and give his children a lesson in ethics,” wrote Pelligrino. ”Shouldn’t he just pay the ticket?”

Cohen sided with the speeder, opining…

“Even those who think themselves guilty are entitled to their day in court, and there is civic virtue in their exercising this right. A trial is a way to hold officials accountable for their conduct. Was the radar gun accurate? Was the speed zone clearly marked? Did the police officer behave properly? And what, given all the circumstances, is an appropriate punishment? Little of this could be scrutinized if everyone simply paid the ticket. It would be a court-clogging nightmare if every self-confessed speeder demanded a trial, but it is a fine thing if, now and then, some people do.”

Randy appears to have misunderstood the question, believing that Pelligrino’s friend was being charged with an arcane S.E.C. violation, or some intricate form of criminal conspiracy. The guy was driving too fast, knew it, and got caught! What does Cohen mean “Even those who think themselves guilty”? The driver admitted he exceeded the speed limit on the basis of his own car’s speedometer; he didn’t “think” he was guilty; he knew with complete certainty he was guilty, and said so to the cop who stopped him.

“The Ethicist” thinks “it’s a fine thing” for that driver to renege on his admission and impugn the policeman’s behavior, challenge the speed limit posting and question the radar gun to get out of a wrongful fine for an act he admits he committed. How could this course of action possibly be called ethical?

Here is what really is “a fine thing,” Randy: integrity—sticking to one’s word and backing it up with action. The driver said the ticket was correct. It is dishonest and irresponsible for him to turn around and challenge it as Cohen suggests. Here’s something else that is “a fine thing,” Randy: accountability—admitting when you have done wrong when you know it and accepting the consequences. The purpose of the legal system is not to encourage citizens to try to avoid just consequences for admitted violations of the law. Yes, as Cohen correctly notes, everyone has a right to challenge charges in court, but as anyone who calls himself an ethicist is supposed to know, it is not always ethical to exercise a right. Banks have the right to kick elderly homeowner out onto the street as soon as they fall behind on their mortgage payments. I have the right to limit my circle of friends and business associates to straight, white, Protestant bigots. I have the right to be blatantly incompetent in my free ethics commentary, and, like Randy in this case, to give mistaken and even harmful advice. All of these things are still unethical, however.

The Ethicist’s answer to Mr. Pelligrino’s query is unethical too, dramatically so. Cohen is saying that it is reasonable and ethical to force a trial on a traffic offense when…

  • The driver admitted the offense to the police officer…
  • …in front of his children…
  • …in order to challenge the veracity of the officer, who took his admission in good faith…
  • ….requiring the officer to appear in court, taking him away from community law enforcement duties…
  • …taking up court time, using taxpayer-funded personnel, that should be devoted to cases where the facts are genuinely in dispute…
  • …with the objective of avoiding the payment of a just fine to the government, where it would be used for community purposes, in order to transfer money instead to the pocket of, not just a lawyer, but the unethical species of lawyer who is willing to take unconscionable cases…
  • …thus teaching the driver’s children, if the driver prevails, that the objective in life is use the system to avoid accountability, even when you deserve to be punished, and..
  • …that respect for the law is less important than avoiding a thoroughly earned fine, and
  • …that speeding is all right if you can get away with it, thus…
  • …increasing the likelihood that the children themselves will regard excessive speed this way when they become drivers, and also increasing the chances that their driving habits will cause harm to themselves or others.

I have  read “The Ethicist” for years, I have learned that Randy Cohen has unseemly problems with honesty, a reflex prejudice against law enforcement, and shocking and brazen cluelessness on matters of legal ethics and the exercise of legal rights. Bruce Pelligrino managed to ask a question that involved all of them, and the result was one of the most indefensible answers I’ve seen from Cohen yet.

The Duties of Citizenship, Ethics, and the Happy Rape Victim

A few months ago,  Washingtonian Magazine printed the harrowing memoir of Amanda Pagliarini, a woman who as a teenager was raped by some friends of her boyfriend as he looked on and did nothing. Entitled “How Could He Just Stand There?” the article recounts how she first came to be involved with “Juan,” how the rape affected her life, and remarkably, how she came to talk with her ex-boyfriend about the tragedy and his role in it years later. One of his revelations was that the gang that raped her also had done the same to other girls.

Her article concludes with this: Continue reading

Sally Harpold, Chaos, and the Ethics of Law-making

As we contemplate a House health care reform bill that is over 2,000 pages long, it might be a good time to revisit the cautionary tale of Indiana grandmother Sally Harpold, and its lessons about law, fairness, responsibility, and Chaos Theory, not to mention ethics. Continue reading

Ethics Quote of the Week

“If you find yourself chewing the memory card in your cellphone to destroy any record of your misconduct, something has gone terribly wrong with your character.”–Robert S. Khuzami, S.E.C. enforcement director.

[ Wall Street trader Zvi Goffer was arrested today and accused of being the mastermind of the latest insider-trading scandal, a tipping-and-trading ring that involved confidential sources from many places that should know better, like the prominent law firm of Ropes and Gray.  Arthur J. Cutillo, a lawyer at the firm, was accused of sharing secret information with  Goffer on  deals the law firm was handling for clients. Prosecutors say, according to the New York Times story, Goffer insisted his confederates communicate through disposable cellphones, just like drug dealers.
When the illegal trading was complete,  Goffer destroyed his phone records by biting the phone’s SIM card in half with his teeth.]