At 5:30 a.m. on Thursday of last week, police officers, weapons drawn, burst into the home into the house and pointed guns at the McKay family of Spring Valley, New York. David McKay said officers were screaming for someone named Michael, and when he tried to explain that nobody by that name lived there, the police pulled him, in his underwear, outside into the freezing cold. Then officers ordered McKay’s 13-year-old daughter out of her bed at gunpoint, a trauma that caused her to vomit, faint, and later to have an asthma attack. Continue reading
liability
Ethics and Altzheimer’s Testing: An Easy Call
Sometimes I think bioethicists spend too much of their time looking for new ethical dilemmas rather than giving thoughtful guidance on the dilemmas we already have. A recent example: the New York Times wrote about a supposed ethical dilemma appearing in the wake of new tests that reveal the likelihood of whether an individual will get Alzheimer’s at some point in the future. As the article put it:
“Since there is no treatment for Alzheimer’s, is it a good thing to tell people, years earlier, that they have this progressive degenerative brain disease or have a good chance of getting it?…It is a quandary that is emblematic of major changes in the practice of medicine, affecting not just Alzheimer’s patients. Modern medicine has produced new diagnostic tools, from scanners to genetic tests, that can find diseases or predict disease risk decades before people would notice any symptoms. At the same time, many of those diseases have no effective treatments. Does it help to know you are likely to get a disease if there is nothing you can do?”
My question is: “What’s the dilemma?” Continue reading
The Training Myth and Connick v. Johnson
The U.S. Supreme Court is deliberating on the issue of whether a District Attorney’s office can be held liable when individual prosecutors commit serious misconduct, on the grounds that the government breached its duty to train its prosecutors and ensure their competence. The case is Connick v. Thompson, and it began when it was discovered that a New Orleans man had been sent to Death Row for 18 years for a crime he hadn’t committed. John Thompson was innocent, and a lab report proving that the blood found at the crime scene belonged to someone else would have proven it. Prosecutors withheld the evidence from the defense attorneys.
When Thompson was freed he was understandably angry, but the options for redress when the criminal justice system ruins your life are severely and unjustly limited. In 1976, the Supreme Court decided in Imbler v. Pachtman that prosecutors have absolute immunity from lawsuits, even when there is genuine, malicious and illegal conduct. The Court acknowledged that its ruling “does leave the genuinely wronged defendant without civil redress against a prosecutor whose malicious or dishonest action deprives him of liberty,” but declared the alternative was worse: making prosecutors timid and fearful of making a mistake that could leave them penniless. The Court suggested that professional discipline would be enough to keep prosecutors honest, but that hasn’t been the case: a USA Today study found that even in egregious cases of prosecutorial misconduct, attorneys who put innocent people in jail almost never had to endure any punishment at all. Thompson sued the District Attorney’s Office on a theory of negligent training, and won 14 million dollars from a sympathetic jury. Now the Supreme Court is deciding whether such suit can stand in light of the ruling in Pachtman.
It should, but the theory behind the lawsuit is a myth, and I suspect that everyone knows it. Continue reading
Accountability Lessons, Oil Spill Ethics, and Obama’s Leadership Failure
President Obama has shown his inexperience and unfamiliarity with executive leadership ethics in many ways since he took office, but none are likely to be more damaging than his unease with accountability. He had better learn fast.
It is not surprising that so many mayors lose their jobs as the result of blizzards. Budget limitations guarantee that a city’s snow removal capabilities are set to the most likely levels of snowfall and not the extraordinary, once-in-a-decade event, yet when that once-in-a-decade event arrives, it will not do for the mayor to blame the budget or the weather or the City Council or the lack of a magic wand. The public doesn’t want to hear any of that: they want to be able to drive to work. They want the leader to fix the problem, because that’s what leaders are supposed to do. If a leader can’t fix the problem, he had better look as if he is doing everything possible and impossible to try. And he had better make it clear that he understands and accepts that it is his job. Continue reading
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
Obama’s Coal Mine Tragedy Verdict=Abuse of Power
There are two disturbing implications of President Obama’s premature condemnation of Massey Energy for the recent tragedy at its Upper Big Branch mine in West Virginia, where an explosion killed 29 miners on April 5. The first is that the President appears to have a flat learning curve, as this repeats his error in the Professor Gates fiasco in Cambridge, Mass, in which Obama condemned the conduct of a Cambridge police officer without getting all the facts. The second is that for a former law professor, Obama has a rather loose grasp on the concept of Due Process. Continue reading
Ethics and the Suicidal Student
Ethics often comes down to answering the basic question, “What is the right thing to do?” Sometimes the wrong option will be easy to identify, but finding the right action is nearly impossible, complicated by diverse stakeholders, conflicting values and legal entanglements. This is the situation universities face when a student becomes suicidal. What action is in the best interest of the student, as well as the other students and the institution itself? Continue reading
Ethics Alarms 