Good morning…

1. They are showing “Perry Mason” reruns again on cable TV. That was the show that made my generation want to be lawyers, under the delusion that a defense attorney could regularly prove a criminal defendant innocent. (Pssst! They are almost all guilty.) The show holds up, but boy, Perry was sleazy. In an episode I watched while I was sick, he had his investigator tell the hapless prosecutor, Hamilton Burger (Ham Burger to his friends) that he had found an incriminating piece of evidence that proved someone other than Perry’s client had committed murder. Ham relied on the information and got the killer to confess once he was faced with the production of the “smoking gun.” But Perry’s investigator hadn’t really found anything.

Having one’s agent lie to the state prosecutor is a serious ethics breach. Perry also caused the DA to tell a falsehood to get the confession, though Burger wasn’t lying, since he believed Perry’s contrivance. Prosecutors are no more allowed to lie than other lawyers, but when they do lie “in the public interest,” they seldom get more than a slap on the wrist from courts and bar ethics committees, if that. Burger didn’t seem very upset that Perry conned him, because the real killer was caught. The ends justifies the means, or did in “Perry Mason.”

2. Ick or ethics? A Chinese scientist claims that he had successfully employed embryonic gene editing to help protect twin baby girls from infection with HIV. We are told that bioethicists in China and elsewhere are reacting with “horror.” Writes the Times,

“Ever since scientists created the powerful gene editing technique Crispr, they have braced apprehensively for the day when it would be used to create a genetically altered human being. Many nations banned such work, fearing it could be misused to alter everything from eye color to I.Q….If human embryos can be routinely edited, many scientists, ethicists and policymakers fear a slippery slope to a future in which babies are genetically engineered for traits — like athletic or intellectual prowess — that have nothing to do with preventing devastating medical conditions.”

As with cloning, my view on this controversy is that a new technology does not become unethical because of how it might be used. That unethical use will be unethical, and that is what needs to be addressed when and if the problem arises. (Airplanes could be used to drop atom bombs!) The fear of “designer babies” also seems to be an example of “ick”—it’s strange and creepy!—being mistaken for unethical. Making stronger, smarter, more talented and healthier human beings is not in itself unethical, even if it is the stuff of science fiction horror novels and Josef Mengele’s dreams. Continue reading →