negligence

In Search of Accountability, Fairness, Justice and a Champion: the Unending Persecution of Anthony Graves

/ Jack Marshall / 4 Comments

Job would pity Anthony Graves

Governments and other bureaucracies are capable of unimaginable callousness, stupidity, and wrongful conduct, allowing individual fools to multiply their power to harm exponentially, and then to see an inhuman computer-driven monstrosity run amuck as everyone denies responsibility. You could not devise a better example of this process than what Texas is doing to Anthony Graves.

He is an innocent man convicted of murder in 1994 who was released last October after spending 18 years in prison, condemned to death. He had been convicted with fabricated evidence and coached testimony employed against him by former Burleson County District Attorney Charles Siberia, and a state investigation got a Texas judge to set Graves free. But the maw of Texas bureaucracy wasn’t through ruining his life. Continue reading →

Comment of the Day: “The Hazing Abuse of Michael Warren”

/ Jack Marshall / 3 Comments

Reminding us that one or even several incidents can’t give us the full whole measure of an organization, Hartwick College alum Fred Stoss recalls an act of courage and principle by the fraternity that hazed Michael Warren. Let Fred tell the story:

“I cannot defend the actions of what happened to Mr. Warren. I am a member of Alpha Delta Omega Fraternity, having pledged in 1969 and served as its President from 1971 to 1972. During this time our fraternity was a rather diverse community of whites, blacks, browns, Protestants (Hartwick was then a Lutheran College), Catholics, and Jewish. There is, however, a piece of ADO history (taken from the ADO FaceBook site) that deserves mention: Continue reading →

Comment of the Day: “The Hazing Abuse of Michael Warren”

/ Jack Marshall / 3 Comments

Frequent commenter and anti-child abuse advocate Steven Mark Pilling catalogues the defenses and rationalizations offered here by collegiate commenters who thought my post was overly hard on pro-hazing Hartwick College. The references to “Hounddog” relate to a thankfully buried film shot five years years back that required a 12-year-old Dakota Fanning to be the victim in a graphic rape scene with an adult actor. Steven, along with Paul Petersen and others, successfully exposed the film’s skirting of laws and exploitation of Fanning. You can read my ethics commentary on that horrible story here and here.

“Jack: In reading those collegian posts and your responses, I almost had a feeling of deja vu. Isn’t it amazing how all the excuses and means of “defending the indefensible”- no matter what the specific issue- have points of commonality that immediately grab at you? When I was involved in the “Hounddog” issue, I ran into them all. I see many of them here… Continue reading →

The Hazing Abuse of Michael Warren

/ Jack Marshall / 24 Comments

Michael Warren should have consulted Kevin Bacon...

A fraternity hazing story—yes, amazing as it seems, there are still hazings—raises the persistent ethical issue of whether a victim is responsible for his own mistreatment if he consents to it. Even if he shares responsibility, however, his consent does nothing to reduce the ethical failings of the abusers, or those of the irresponsible authorities who presided over a sick campus culture.

Michael Warren is an African American who was the only black pledge of the Alpha Delta Omega fraternity at Hartwick College (in Oneonta, New York). His potential “brothers” locked him in a bathroom with other pledges for hours, where they were subjected to ear-splitting music and strobe lights; he was forced, he says, to dress like a pimp, a humiliating bit of racial stereotyping; and, shades of the evil Omega Theta Phi fraternity in “Animal House,” was paddled so hard that he needed medical treatment (“Thank you, sir, may I have another?”). Warren complained, and found himself a pariah on campus, making him so uncomfortable that he gave up his scholarship to transfer to Hofstra. Now he is suing Hartwick, and his lawyer is arguing that his mistreatment by the fraternity “may have ruined his life.” Continue reading →

The Unethical Deficit Debate, a Cause for Despair

/ Jack Marshall / 2 Comments

Our future, thanks to Washington, D.C.

If the bi-partisan dishonesty and unethical conduct surrounding the budget showdown last week didn’t cause you to despair, then you weren’t paying attention:

  • At a time when the federal deficit threatens the long-term (and not all that long, either) solvency of the U.S., risking quality of life, world leadership and security while placing us under the thumb of China, a Machiavellian adversary, both parties—and the President— opted for ideological point-scoring and demagoguery rather than serious explication of the issues.  Irresponsible cowards.
  • The government was brought to the brink of a shutdown over a pathetic, meaningless, 39 billion dollars of cuts that Democrats called “draconian” and Republicans and Obama trumpeted as the “largest budget cuts in U.S. history”. They were draconian only if you think like Senate Majority Leader Harry Reid, who argued that Republicans were heartless to put “cowboy poetry” on the cutting block, and if, as is increasingly looking to be the case,  the Democrats are willing to let the country stay on the road to bankruptcy as long as it also leads them to power. The cuts were the “largest” only in their inflated figures: the budget was cut close to 50% after World War II. Liars and frauds.
  • Even if it were truly”the largest,” the heralded 39 billion dollars cut represented an infinitesimal dent in the overall budget and will have no appreciable effect on the deficit at all. It took a near shutdown to accomplish that. Easy Quiz: what are the chances of our current leaders displaying the political courage to make the substantial, genuine, painful cuts that all serious analysts agree are imperative to stave off financial ruin? Liars and cowards.
  • After all of the drama, after all the condemnation and hype, after “draconian” and “largest ever,” and after the President joined the charade, the no-nonsense Congressional Budget Office announced that by its calculations, the so-called cut was mostly fiction. It boiled down to only $352 million, less than 1% of a 39 billion that was inadequate to begin with. Incompetents.
  • The Democrats chuckled into their sleeves; the Republicans cried that they had been deceived, as if legislators don’t have the resources to find out what the money in the budget they are charged with approving actually pays for. Liars, incompetents and fools.

For me, the low point was President Obama’s speech at George Washington University, announcing his engagement—finally!—in the deficit-cutting debate while resorting that old Democrat stand-by, class warfare; blaming the Bush tax cuts, irresponsible but only one of many contributors to the deficit crisis; and  pledging to cut expenses by ending waste, fraud and abuse while simultaneously stating that the deficit couldn’t be cut by addressing waste, fraud and abuse.  It wasn’t any of those cynical moments that caused me to lose hope, however. It was the President’s insistence that the deficit cutting measures must not interfere with his highest priorities…such as building “new roads.” Continue reading →

Unethical Quote of the Week: Wrongly Imprisoned Victim John Thompson

/ Jack Marshall / 3 Comments

“I don’t think training would have had anything to do with nothing really, to be honest with you, because you could have trained them and they would still do it. You need to punish them for doing it, then they won’t do it.”

—John Thompson, who was wrongly and illegally convicted of murder in Louisiana and spent 14 years on death row because prosecutors withheld exculpatory blood evidence from his lawyers and his trial. His civil suit against the prosecutor’s office, run by Harry Connick, Sr. (yes, the singer’s father) for millions in punitive damages, on the theory that the prosecutors who framed him were inadequately trained, was overturned last week by the U.S. Supreme Court.

This statement apparently was made by Thompson last October, when the Supreme Court took the case, and I missed it. It surfaced again this morning in a Washington Post editorial calling for harsher punishment for prosecutors who violate the rights of accused suspects and send innocent people to prison or execution. The Post has never been more right, and the $14 million originally awarded to Thompson by an appalled jury for his ordeal is still inadequate compensation for the 18 years he spent behind bars because of a prosecutor’s dishonesty.

But the theory used to get Thompson his money—that the tragedy would have been prevented if Connick’s office hadn’t been negligent in training its lawyers in prosecutorial ethics—was a sham, and deserved to be rejected by the Court, no matter how much Thompson deserved the money, or indeed, ten time the money. Continue reading →

Our Future: This Will Happen to You Unless Our Irresponsible Leaders Repair the Infrastraucture, and Quick

/ Jack Marshall / 1 Comment

From Chanhassen, Minn, an awful experience that is just the beginning—trust me on this. Yet our politicians don’t have the courage or integrity to do what has to be done to stop it.

A taste:

“Along Lake Susan and Chanhassen Hills drives, residents learned that something was terribly wrong in their homes Wednesday night when a geyser of sewage began spewing from toilets on the lower levels…”

Be very afraid. More than that, be angry. A must read.

The Conflict of Interest That Isn’t, But Looks Terrible Anyway

/ Jack Marshall / 1 Comment

David Becker, the top lawyer at the Securities and Exchange Commission, is suddenly an embarrassment to his employers. He and his two brothers inherited more than $1.5 million in phony profits from their mother’s investment in $65 billion Bernard Madoff’s Ponzi scheme. Since the S.E.C. was famously asleep at its post regarding Madoff, its negligence and incompetence allowing him to destroy individual lives, charities and more, having a key lawyer at the regulatory agency profit from Madoff’s scheme, even by inheritance, looks corrupt and unconscionable.  Continue reading →

Ethics Lessons From a Missing “at”

/ Jack Marshall / 4 Comments

An embarrassing story from Fairfax,Virginia yields several ethical truths.

A Virginia man facing a fine or worse for not stopping properly behind an unloading school bus got off scot free after it was discovered that he hadn’t broken any law—at least the way the law is printed in the statute books.

The law reads:

“A person is guilty of reckless driving who fails to stop, when approaching from any direction, any school bus which is stopped on any highway, private road or school driveway for the purpose of taking on or discharging children.”

Got that? You break the law by not stopping a school bus that is already stopped. Continue reading →

Unethical Lawsuit Files: The Golfer and the Diner

/ Jack Marshall / 13 Comments

The tort system  evolved to ensure that those injured by the recklessness, maliciousness or negligence of others can enlist the courts and juries to help them be made whole. It presumes, but, sadly, does not require, a measure of fairness, proportion, personal responsibility, forbearance, prudence, empathy, and common sense, as well as a lack of greed.

Two recent lawsuits, involving a golfer and a diner, illustrate how an otherwise good system can be used unethically.

First, the Diner: Continue reading →