negligence

Students Learn Why Competence Is An Ethical Duty, The Hard Way: The Case of the Illiterate Principal

/ Jack Marshall / 8 Comments

Last month, Principal Andrew Buck of  the Middle School for Art and Philosophy in Brooklyn  responded to complaints about the school’s chronic shortage of textbooks by telling eachers and students that textbooks were over-rated. In an e-mail to teachers containing ungrammatical sentences, incorrect punctuation, misspellings and incoherent statements, Buck told his employees that textbooks weren’t essential to the learning process, and noted that some students wouldn’t be able to read the books anyway.

A representative sample from the letter, which you can read in more detail here (it requires registering for Google Docs): Continue reading →

When the Law Is Unethical: The Case of the Negligent Toddler

/ Jack Marshall / 9 Comments

Justice Paul Wooten of the State Supreme Court in Manhattan just ruled that Juliet Breitman, accused of running down an elderly woman while racing a bicycle with training wheels on a Manhattan sidewalk two years ago, can be sued for negligence. She was four years old at the time.

Four.

4.

IV.

F-O-U-R. Continue reading →

Incompetence Follies: Fractured History For Virginia’s Fourth Graders

/ Jack Marshall / 3 Comments

Bob and Ray, the great deadpan comedy team that mastered the form of the comedy interview on radio, recordings and TV, once has a routine about a longshoreman without a high school diploma who had written a voluminous “History of the United States.”

“But the book is riddled with errors!” protested Bob Elliott, playing the interviewer. “For example, here on page 214, it says that Abraham Lincoln was born in 1926 in Bailey’s Mistake, Maine!”

“Well, it’s a big book with a lot of pages,” shrugged Ray Goulding, as the longshoreman-historian. “I’m sure I missed some typos. You can’t catch everything!”

I was reminded of the Bob and Ray skit when I learned that a history book used in 4th Grade in Virginia elementary schools, Our Virginia: Past and Present, teaches that thousands of African Americans fought for the South during the Civil War, a discredited claim  often made by groups seeking to play down slavery’s role as a cause of the South’s rebellion. Continue reading →

“Yes, THESE Figures Were Outrageously Mistaken, But You Should Trust Our OTHER Figures Completely!”

/ Jack Marshall / 1 Comment

Question: What ethical conclusions can one reach from this story about the great, environmentally responsible state of California?

From the San Francisco Chronicle:

“California grossly miscalculated pollution levels in a scientific analysis used to toughen the state’s clean-air standards…The pollution estimate in question was too high – by 340 percent, according to the California Air Resources Board, the state agency charged with researching and adopting air quality standards. The estimate was a key part in the creation of a regulation adopted by the Air Resources Board in 2007, a rule that forces businesses to cut diesel emissions by replacing or making costly upgrades to heavy-duty, diesel-fueled off-road vehicles used in construction and other industries. Continue reading →

The Training Myth and Connick v. Johnson

/ Jack Marshall / 6 Comments

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 →

Ethics Quiz: What Do the Gulf Oil Spill, Pearl Harbor, Bernie Madoff, 9-11,Tyler Colvin’s Chest Wound Have in Common?

/ Jack Marshall / Leave a comment

Answer: They all are the inevitable consequences of the human conduct known (on “Ethics Alarms,” at least) as the “Barn Door Fallacy”—the irresponsible and unethical tendency to allow a dangerous situation to persist until it actually causes catastrophic damage, thus giving the decision-makers sufficient support to spend the money or cause the systemic disruption necessary to address the problem, too late, of course, to save the victims of the catastrophe. They lock the barn door, but after the horse is gone, and perhaps has trampled someone to death while leaving.

Who is Tyler Colvin? He is a major league baseball player in the employ of the Chicago Cubs. His season, and almost his life, ended yesterday: Continue reading →

The Ethics of Compensating the Unjustly Imprisoned

/ Jack Marshall / 6 Comments

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 →

The Incredibly Unethical BP Boycott

/ Jack Marshall / 22 Comments

Readers of Ethics Alarms know that I think boycotting is at best economic bullying, at worst a non-violent form of terrorism, and generally unethical except in cases so rare that they are difficult to imagine. The current BP boycott is close to the worst variety, blunt and destructive mob anger akin to the reaction of the excitable citizens of Homer Simpson’s Springfield, whose solution to every crisis seems to be a riot.

BP was outrageously and perhaps criminally negligent in creating the conditions that led to the Gulf oil spill, and it is right and just that the burden of accountability and responsibility has fallen on them. And it certainly has fallen on them: as much as every citizen of the United States may want to personally kick the company while it is prone, the fact is that the dire consequences of its misconduct are already overwhelming, both long and short-term. Right now, the Gulf states are still dependent on the diligence and expertise of the company to try to limit the damage it has caused, and the company is, if only for its own survival, doing the best it can to succeed. This fact alone would make a public boycott of BP at this time senseless and counter-productive.

The boycott is also unfair. Continue reading →

Broken Bats, Barn Doors, and Murder

/ Jack Marshall / 3 Comments

Craig Calcaterra, a former lawyer who now does baseball blogging over at the NBC sports site, has once again called for baseball stadiums to include protective netting along the stands from home plate to first and third base. This time the impetus is a frightening incident in Milwaukee at a Brewers game, in which a broken bat handle went flying into the stands and hit a child. These types of incidents have been happening with greater frequency in recent years, although these is some disagreement about why. Some say it is the more brittle maple bats, others that it is the whip-thin handles of the bats now in vogue, and still others blame the new glut of baseball parks seating fans closer to the field. Continue reading →

Ethics, Punishment and the Dead Child in the Back Seat

/ Jack Marshall / 8 Comments

Washington Post columnist Gene Weingarten received a Pultitzer Prize for his feature, “Fatal Distraction: Forgetting a Child in the Backseat of a Car Is a Horrifying Mistake. Is It a Crime?” Focusing on the grief of parents who caused the deaths of their own children by negligently leaving them locked in over-heated cars, Weingarten, to his credit, doesn’t advocate a position in his article, although it would be impossible to read it without feeling compassion and empathy for his subjects, both those who have been prosecuted and those who have not.

The article squarely raises a classic ethical conflict, as well as the question of the role of punishment in society. As always with ethical standards, the issue ultimately encompasses how we decide what is in the best interests of society. Weingarten points out that there is no consensus on whether parents who inadvertently kill their children in this way should be brought to court: some prosecutors bring charges, others do not. Which is right?

I don’t like my answer much, but I think it is inescapable, once the emotion is left behind. Continue reading →