negligence

How To Raise An Unethical Child

/ Jack Marshall / 36 Comments
"Oops!"

“Oops!”

“Ask Amy” features a parent who asks the advice columnist to add her authority to the parent’s concerted efforts to pass along her own ethics deficits to her college age daughter, which, I fear, is unnecessary at this point. The daughter’s ethical compass is probably already damaged beyond repair.

It appears that the daughter, in a drunken state, spilled champagne on a laptop belonging to “Laura,” a college friend. The laptop was lying on the floor of the friend’s dorm room, and the keyboard was drenched in bubbly. Ethically challenged Mom thinks Laura is being mean and unfair to expect the daughter to pay full price—$850—to get the besotted machine working again. The indignant mother protests… Continue reading →

In the Wake Of The BP Disaster, Another Andersonville Trial

/ Jack Marshall / 13 Comments
Someone has to be held responsible, even if nobody is to blame.

Someone has to be held responsible, even if nobody is to blame.

I don’t know about you, but I was certainly surprised to discover that in the view of the Justice Department, two men I had never heard of, Robert Kaluza and Donald Vidrine, were the ones responsible for the April 20, 2010 explosion of a BP oil rig that caused millions of barrels of oil to leak into the Gulf of Mexico for months, polluting the waters and the shores and causing billions of dollars of damages. That is the clear implication of the decision to prosecute the two rig  supervisors for manslaughter in the deaths of the eleven BP workers who perished in the blast.

Obviously, this makes no sense at all. Other government authorities have treated the BP spill as resulting from a complex series of errors, misjudgments, and regulatory violations on the part of several companies and their management teams. The allocation of responsibilities and damages will take years to unravel. How then can Kaluza and Vidrine, who are accused of disregarding abnormally high pressure readings that according to the government should have alerted them to the danger of a  blowout at BP’s Macondo well, be the ones facing criminal charges and prison time? How can this be fair, just, or even possible?

It isn’t fair or just. It is possible because it is easier to finger the two middle-managers who inherited the flawed well equipment that was a ticking time bomb than to put a whole company, or many companies, behind bars. As the F.B.I. agent investigating the theft of the Declaration of Independence keeps telling Nicholas Cage’s treasure hunter in the Dan Brown rip-off  movie “American Treasure,” “Somebody has to go to jail.” Kaluza and Vidrine may be the designated villains for the BP spill. Their only crime was one of moral luck: they were in the wrong place at the wrong time, the final links in a tangled chain of incompetence, corruption and miscalculations. Continue reading →

Our Incompetent News Media, Making Us Dumber

/ Jack Marshall / 23 Comments

Let’s see: what is the proper and fair response to this? Is it…

“So now do we understand why the U.S, is lagging in science proficiency?”

Is it…

“Why in the world do we pay any attention to the judgment of these people?”

Is it..

“Hey…maybe NBC really DID edit that 911 call so it made George Zimmerman sound racist by mistake!”

Is it…

“I don’t get it…what ‘s wrong with that graphic?”

Or is it…

“There are so many unqualified, ignorant and careless people holding significant jobs in this country that it’s amazing things aren’t worse than they are.”

________________________________

Pointer: Instapundit.

 

 

Comment of the Day: “The Absurdly Warped Priorities of the Incompetent Boy Scouts of America”

/ Jack Marshall / 9 Comments

Bill, a frequent commenter here whom I am proud to call my friend, contributes this story to the recent post about the Boy Scouts and their negligent handling of pedophiles in the leadership. Here is his Comment of the Day on The Absurdly Warped Priorities of the Incompetent Boy Scouts of America.

“When I was ten years old a man tried to snatch my little brother, who was then seven, off the street. The only thing that stopped this from happening was that the two gay men who lived next store saw it happening, ran out into the street, grabbed my baby brother and apprehended the married pedophile who tried to snatch him. They also gave him a pretty good ass-whipping in the process, as they were both bodybuilders.

“A while later another neighbor asked my father how he could stand living next to those two “faggots” my fathers response was, ‘If it wasn’t for those two men, my youngest son would have been raped and most likely dead. Don’t ever call them faggots in my presence again or question their manhood.’”

“The BSA needs to come into the 21st century and recognize that homosexuality doesn’t equal being a pedophile . That’s is an ignorant and outdated belief and by continuing to follow it they are putting their members at risk.”

The Absurdly Warped Priorities of the Incompetent Boy Scouts of America

/ Jack Marshall / 41 Comments

“Follow me into those bushes, boys! You won’t need your pants.”

The Boy Scouts of America, who recently re-affirmed its policy of refusing to accept homosexuals into its ranks because to do so would supposedly undermine the organization’s moral values, have been unconscionably lax in protecting its young participants from child molesters in its ranks.

From the Los Angeles Times:

“A Los Angeles Times review of more than 1,200 files dating from 1970 to 1991 found more than 125 cases across the country in which men allegedly continued to molest Scouts after the organization was first presented with detailed allegations of abusive behavior. Predators slipped back into the program by falsifying personal information or skirting the registration process. Others were able to jump from troop to troop around the country thanks to clerical errors, computer glitches or the Scouts’ failure to check the blacklist.In some cases, officials failed to document reports of abuse in the first place, letting offenders stay in the organization until new allegations surfaced. In others, officials documented abuse but merely suspended the accused leader or allowed him to continue working with boys while on “probation.” In at least 50 cases, the Boy Scouts expelled suspected abusers, only to discover later that they had reentered the program and were accused of molesting again.” Continue reading →

Comment of the Day: “Ethics Quiz: The Bank, the Addict, and the Broken Egg.”

/ Jack Marshall / 10 Comments

The recent post about Ronald Page, the gambling addict given an open, no limits ATM privilege by Bank of America, with predictable results, suggests two opposite reactions. That’s why it was an Ethics Quiz. I expected my answer that it would be wrong to imprison Page for a crime committed because BOA’s negligence triggered his addictive behavior to be countered by the response Karl Penny expresses, persuasively, here. This is his Comment of the Day on “Ethics Quiz: The Bank, the Addict, and the Broken Egg.”

“Jack, I do volunteer work in prisons with people who have all sorts of substance abuse issues. In addition, I grew up in a family of alcoholics. I say that not to garner sympathy or whatever, but to establish credentials, however unofficial. Addicts know what they are doing, even while they are doing it, they know it. They know it when they are sober, and they know it when they’re drunk (alcoholics, gamblers, drug abusers, etc—they’re all drunks—not very PC, but brutally honest). They are human beings imbued with all that goes into being human and, as such, they command my compassion and concern. But. They know. Continue reading →

Ethics Quiz: The Bank, the Addict, and the Broken Egg

/ Jack Marshall / 26 Comments

There was a little software problem when Bank of America acquired LaSalle Bank and the two were transferring account data. As a result, LaSalle depositor Ronald Page found that he could make unlimited ATM cash overdraft withdrawals, even though he had only $300 in his checking account.  This tempting state of affairs lasted for seventeen days, and then from December 1, 2008 to May 31, 2009, Page gambled like a man on fire.  Unfortunately for Page and Bank of America—but fortunately for several casinos—Page is a gambling addict. He withdrew, and gambled away, $1,543,104.00

Now the U.S. Attorney’s Office in Detroit says he is seeking to send him to jail for 15 months  after he pleaded guilty to charges of theft of bank funds. He is also going to be required to pay back the money, with interest, guaranteeing poverty for life.

Your Ethics Alarms Ethics Quiz question:

Is this fair? Continue reading →

The Criminal Justice Ethics Breakdown: Unforgivable, Incomprehensible, and Horrifying

/ Jack Marshall / 24 Comments

"Yeah, that's bad, but can you believe those gas prices?"

There is no longer any way for the defenders of the criminal justice system, or indeed American democracy and its ideals, to deny that thousands, and perhaps tens of thousands, of Americans languish in prison for crimes they did not commit. This fact is so terrible in its implications for the nation, the system, the public and the legal profession that I feel incapable of grasping it all, still, though this has been slowly dawning on me for a long time. Right now, it is all I can manage to escape denial, for the deprivation of so many innocent people of their liberty is my responsibility, as well as yours, and that of everyone else. Even in the midst of serious policy debates over so much else that is vital to our future, how can anyone argue that this isn’t the highest priority of all?

Yesterday, the Washington Post revealed that

“Justice Department officials have known for years that flawed forensic work might have led to the convictions of potentially innocent people, but prosecutors failed to notify defendants or their attorneys even in many cases they knew were troubled. Officials started reviewing the cases in the 1990s after reports that sloppy work by examiners at the FBI lab was producing unreliable forensic evidence in court trials. Instead of releasing those findings, they made them available only to the prosecutors in the affected cases, according to documents and interviews with dozens of officials. Continue reading →

Revisiting the Tragedy of the Dead Child in the Locked Car

/ Jack Marshall / 19 Comments

Almost two years ago, I wrote about Washington Post feature writer Gene Weingarten’s provocative and sensitive 2009 exploration of the tragic cases in which a distracted parent leaves a small child in an over-heated car. The issue, now as then, is how society should treat such parents, who are without exception crushed with remorse and guilt, their lives and psyches permanently scarred. Weingarten’s original piece, which won him a 2010 Pulitzer, did not take a position on how such parents should be treated by the criminal justice system. In today’s Washington Post, he does.

Weingarten writes:

“The parents are a continuing danger to no one, nor could anybody sanely argue that fear of prison is even a minuscule factor in preventing this. So we are left with the nebulous notion of punishing, for punishment’s sake alone, an act of accidental negligence that by its nature subjects the doer to a lifetime of agony so profound that it is unfathomable to anyone who has not lived it. Prosecution is not, in my view, warranted.”

Weingarten is thoughtful, analytical, reasonable, compassionate and fair. He is also, in this case, dead wrong. Continue reading →

Dear President Obama: Show Some Respect. President Hayes Earned It.

/ Jack Marshall / 5 Comments

We're sorry, President Hayes. He doesn't know what he's talking about.

One of the many deplorable tendencies of the previous Democratic President was to use the memories, reputations and good names of his predecessors as props to deflect criticism for his own slimy and irresponsible conduct and lies. A standard feature of Bill Clinton’s “everybody does it” defense during his Monica travails was to have his surrogates, like the shameless Lanny Davis, mouth that Bill was no different from other Presidents who used the power of their office to cheat on their wives and exploit other women. Since it wasn’t too ennobling for this tactic to rely on the two most indisputable examples of Presidential sexual excess–Jack Kennedy being a (false) Democratic icon and a misogynist, and Warren G. Harding being the U.S.’s worst or next to worst President ever (depending upon your opinion of James Buchanan, President Clinton allowed his lapdogs to accuse FDR (who as a paraplegic was almost certainly incapable of anything but an illicit affair of the heart), and Dwight Eisenhower, whose supposedly adulterous relationship with his female driver in World War II is 1) unconfirmed rumor only and 2) has nothing to do with his conduct as President. The last time I respected Chis Matthews was when he reprimanded a Clinton surrogate for raising the Ike story, calling it—correctly—an outrageous slur on a great American patriot  to try to excuse Clinton’s inexcusable conduct.

It is disheartening to see President Obama displaying a similar lack of respect and deference for his White House predecessors. Every one of the men who served in the office of President performed a great service at significant personal sacrifice in a job both impossible and dangerous. If anyone is obligated to give these men appropriate respect, it should be the current President, whoever it is. But just as President Obama has set new records for blaming his immediate predecessor for problems deep into his own term, he has shown a Clintonian willingness to trash a past President  for his own purposes.

This would be despicable if the denigration had a basis in fact. Obama’s slur on the 19th President, Rutherford B. Hayes, however, has none. Continue reading →