Prosecutor Ethics, “What The Hell Were You Thinking?” Dept: Dog-Whistling “Dixie” To The Jury

"Wait...WHAT did you just say??"

“Wait…WHAT did you just say??”

Canyon County Deputy Prosecutor Erica Kallin wanted to make the point that the defense attorney for the African American defendant, James D. Kirk, was trying to lead the jury to ignore the evidence that pointed to his guilt in his trial for lewd conduct with a 17-year-old girl and sexual battery of a 13-year-old girl—making them, in effect,”look away” from the truth. How could she make that argument in a vivid way? Clarence Darrow used to use poems in his famous closing arguments; was there a memorable poem that used the phrase, “look away”?

“Eureka!” Erica thought. She found it! So she said to jury deliberating on the case:

“‘Oh I wish I was in the land of cotton. Good times not forgotten. Look away. Look away. Look away,’ And isn’t that really what you’ve kind of been asked to do? Look away from the two eyewitnesses. Look away from the two victims. Look away from the nurse and her medical opinion. Look away. Look away.”

The jury convicted Kirk, on both counts; the evidence against him was indeed strong. He was sentenced to 20 years in prison. Continue reading

Ethics Dunces Of The Air: The Crew Of Delta Flight 468

"Fly Delta: we'll accommodate your biases!"

“Fly Delta: we’ll accommodate your biases!”

This one amazes me. There is no conceivable justification for it.

A group of ultra-Orthodox Jewish men refused to take their seats on Delta Airlines Flight 468 from New York’s JFK Airport bound to Israel, because their faith forbade them from sitting next to female passengers. The flight was delayed by 30 minutes while the crew negotiated with the men and the offending passengers—you know…women. Eventually, desperate to get the flight off the ground, some passengers agreed to trade seats.

In Ultra-orthodox Judaism, physical contact between men and unrelated women is forbidden.

So what? Continue reading

PetSmart’s Unethical And Harmful Breedism, And Why I’m Through With The Company

smiling-pit-bull-dog

For breedism read racism, for the illogic, bias and cruelty is the same. PetSmart, the nation’s predominant retailer of animal companion products, and one that has built its image, brand and success on being dog-friendly (customers can bring their furry pals on leashes into the stores), engages in the ignorant and deadly practice of anti-pit bull prejudice. Their customers should make it very clear to the company that its unethical and irresponsible stance will not be tolerated.

I’m not going to tolerate it, not because it will make a difference to PetSmart, but because I couldn’t look my dog in the eye again if I didn’t. Continue reading

The Benefits of Mutual Respect and Civility vs. Hate and “Partyism”

A New York Times feature from October 3 tells the inspiring tale of a friendship between two scholars, one a Christian, the other an atheist. Their friendship does not thrive in spite of the conflict between their core beliefs, but rather because of it.

Prof. David Skeel, the Christian, recently published  a book, “True Paradox: How Christianity Makes Sense of Our Complex World.”  His atheist friend, Patrick Arsenault,  is  acknowledged in the book and quoted as well, and the Times notes that “True Paradox” “might not have existed at all, or certainly would not exist in its present shape and voice, without the secular scientist as its midwife. And that odd reality is testament to a rare brand of mutual civility in the culture wars, with their countervailing trends of religious fundamentalism and dogmatic atheism.” Says Skeel:

“One of the things we talked about was whether it matters if we persuade each other. I long to have Patrick converted to my perspective. So how can we have a friendship? I see it as toleration in the deepest meaning. We don’t just ‘put up’ with each other’s beliefs. We interrogate them.”

Arsenault tells the Times that “in the culture wars, the rhetoric is acerbic on both sides. On the humanist side, there’s this tendency to view people of faith as not rational. And David is clearly rational. He’s just looked at the same evidence as me and come to a different conclusion.”

Contrast this attitude—rational, respectful, practical, fair, constructive and profoundly ethical, with the “partyism” and bigotry being practiced with increasing intensity as the mid-term elections approach. There is Washington Post columnist Dana Milbank in the video clip above, for example,  not merely accusing Republicans of fear-mongering, but suggesting that their criticism of the Secret Service is insincere: Continue reading

Finally There’s Name For The Conduct I’ve Been Calling Unethical For Years…Now Let’s Agree To Stop It

eclipse

That name is “partyism.”

From Harvard Professor Cass Sunstein:

“…party prejudice in the U.S. has jumped, infecting not only politics but also decisions about dating, marriage and hiring. By some measures, “partyism” now exceeds racial prejudice — which helps explain the intensity of some midterm election campaigns. In 1960, 5 percent of Republicans and 4 percent of Democrats said that they would feel “displeased” if their son or daughter married outside their political party. By 2010, those numbers had reached 49 percent and 33 percent. Republicans have been found to like Democrats less than they like people on welfare or gays and lesbians. Democrats dislike Republicans more than they dislike big business.”

Based on what I’ve seen, the fact that Republicans/conservatives  are nearly twice as likely to be “partyists”  as their hated enemies to the left on the political spectrum doesn’t surprise me. Most of the manifestations of the bigotry I’ve seen out in the open and written about here—restaurants that give discounts to praying customers and bars that claim that they will only serve “red voters”—have come from that sector, but 33 percent isn’t anything for liberals to be proud of, either. Over all, the trend is horrible for the country. As I wrote regarding “Mary’s,” the restaurant that favored its religious customers…

“I detest this kind of thing, and so should you, because it is ethically indefensible and un-American to the core….splitting the world into them and us, good guys and bad guys, the virtuous and the reviled. All of “Mary’s” customers are human beings, and that is the only thing that should matter in the United States of America.”

I confess that since I have been observing this phenomenon, I am preconditioned to think the Stanford research that purported to measure it as has validity. Most social science research, especially involving politics, is so skewed by researcher bias and agendas that it is inherently dubious, and perhaps this example is too: I wouldn’t rely on the percentages. Also 1960 would have to be the absolute low water mark in U.S. political passions, after the remarkably non-partisan, unifying two terms of Dwight Eisenhower while the public felt united against a common enemy in the Cold War. I’m guessing the numbers in, say, 1860 would show a sharper divide.

I do think that the intensity of emotion, rising to bigotry, distrust and hate, in the nation’s political polarization is growing, is very alarming, and dangerous to our health and future. I’d like to know more about where it resides. Is the bulk of the bigotry coming from the low-information voter, who uncritically absorbs every campaign smear, bumper sticker insult and Facebook meme as fact—you know, morons? Or are the individuals who would rather die than see their daughters marry men who oppose the family’s favorite party the narrow-minded political junkies who watch only Fox News and listen to Rush, or who cheer Al, Chris, Rachel and the 24-7 conservative-bashers on MSNBC? I’d like to know.

Naturally theories will abound regarding the reasons for this new bigotry. In a general sense, it is pure cognitive dissonance, and can be explained by people today caring more about politics and ideology than they have for quite a while. People care about something when they sense that it matters to their lives, health and welfare, as well as those around them: if political views were regarded as no more important than what baseball team one rooted for, there is no way substantive bigotry would attach to them. With foreign threats looming, the economy weak, nobody certain of the right policies in so many crucial areas and the pettiness, corruption and ineptitude of parties in and out of power, trust has plummeted. When we can’t trust those whom we have given the job of looking out for our welfare, we become worried and scared, as well we should. Then it makes sense to care more about politics. If we care more, and feel strongly about what should be done either out of a lack of sophistication and gullibility (the morons) or from unbalanced self-education (the zealots), then those who proclaim opposing views seem more obnoxious and more threatening, prompting active discrimination. The Stanford study found that “discrimination against the out-group is based more on out-group animus than in-group favoritism.” That figures. But for a nation, it is suicidal.

This nation of ideals gleaned from a diverse population must value trust and belief in what all citizens share more than it embraces passion and anger over what we disagree over. If we cherish the basic principles of democracy, then we must accept, encourage and respect dissent, frank speech, the shocking opinion and the minority view.  We must always keep our minds open to new ideas, different solutions to old problems, and the possibility that we, or the public officials, scholars and pundits we favor, may be wrong on any one topic or issue. If we can’t do that, we doom ourselves and our culture to self-righteousness, doctrine, cant  and rigidity, which block out enlightenment like an eclipse blocks sunlight. Continue reading

The NFL’s Foolish, Counter-productive, Unethical Gay Affirmative Action

Hey, if Nathan is happy, then the NFL is happy...

Hey, if Nathan is happy, then the NFL is happy…

The Dallas Cowboys signed openly gay defensive lineman Michael Sam to be a member of its taxi squad, thus making him–let’s see,now—the first gay NFL practice squad player ever, at least the first to let everyone know his sexual proclivities. Wow…that’s some great plot for a made-for-cable movie! I’m getting goosebumps already!

Some sportswriters had opined that it would be a “disaster” for the NFL if Sam , who was cut by the Rams, the team that drafted him, wasn’t signed by some pro team, on the theory that this would expose the whole league as bigoted against gays. Of course, it could also mean that Sam just isn’t good enough, and whom he chooses to roll in the hay with isn’t considered either a virtue or a detriment to playing NFL football. This would be called, I believe, common sense and integrity.

Never mind. Several sources report that the NFL, also believing that there was a looming disaster, “lobbied” teams to sign Sam after he was cut. This both establishes a policy of gay affirmative action in the NFL, and also exemplifies what is wrong with all affirmative action. Let’s make a list: Continue reading

The Michael Sam Botch: Back To Square One…Or Worse.

You must remember this: A kiss can be a miss...

You must remember this: A kiss can be a miss…

Sportswriters are gamely putting a positive spin on it, but they are lying or deluded: Michael Sam’s failure to make the St. Louis Rams squad and the subsequent decision of every other team (there are 32 of them) to pass on his services as well means that Sam’s quest to become the first openly gay player to be drafted by and make the roster of a pro football team was not just a failure, but may have even set his cause back a year or ten.

Or maybe that wasn’t his cause at all. Maybe a gay player whose skills left him a borderline draftee at best made a calculated decision that his best chance was to shame the NFL into drafting him by announcing his sexual orientation, and gamble that he could shine enough in camp to make the team. The genius of this strategy, if that’s what it was, is that even if he didn’t make the team, Sam would become a celebrity, and in some circles, an icon.

Well, that part worked. What doomed the rest of the plan were, in order of importance,

  • Sam isn’t good enough to be a trailblazer.
  • The media made certain that such a big deal was made over Sam’s sex life that no NFL team could avoid wondering, “How much will having this guy around get in the way of winning football games?” From Ethics Alarms in February:

The irony is that it is the mostly positive media obsession with Sam’s status as a potential trailblazer, rather than the anti-gay hate-mongers, who diminish Sam’s chances of success with their every word. This is obvious, or should be, yet the articles and rants keep on coming. I have to believe that it is a case of sports journalists engaging in the ultimate hypocrisy, making themselves look fair, unbigoted and devoted to the cause of full gay inclusion in American life (all while making their deadlines) while simultaneously and knowingly undermining the athlete they claim to be supporting. They have to shut up, or Sam is doomed.

They couldn’t help themselves, of course, and sure enough, Sam was doomed. Continue reading

Ethics Dunce: Mary’s Gourmet Diner in Winston-Salem, N.C.

Welcome to Mary's! Some are more welcome than others...

Welcome to Mary’s! Some are more welcome than others…

I wish this were a joke, (thinking back on the previous post) but apparently it’s not.

The diner gives a 15% discount to customers who appear to say grace before eating. Yes, it’s a public prayer discount. Mary’s  has been doing this for years, a co-owner confirmed to NPR. Finally someone posted a receipt with the line item for “15% Praying in Public ($6.07)” to Facebook.

I detest this kind of thing, and so should you, because it is ethically indefensible and un-American to the core. The policy, whether it is well-publicized or quietly implemented as this one was, exacerbates societal divisions and embraces bias and prejudice. There may be a legal difference between this and charging a premium (that is, a penalty) to those who have Obama stickers on their cars or who are wearing T-shirts with the logo of the local team’s nemesis, but ethically it is all the same: splitting the world into them and us, good guys and bad guys, the virtuous and the reviled. All of “Mary’s” customers are human beings, and that is the only thing that should matter in the United States of America.

Now that this offensive policy has been outed, the question is this: Is it unethical for a non-believer to pretend to pray in order to get the diner’s unethical discount for the godly? Of course it is.

It’s also unethical to patronize a restaurant that discriminates against its own patrons.

___________________________

Facts: NPR

Michael Sam Flunks Trailblazer Ethics, And Many Will Suffer Because Of It

Sam kiss

The most charitable explanation for Michael Sam’s disastrous performance in the wake of the NFL draft is that he’s a young man who got terrible advice. A less charitable theory is that he’s an idiot. The worst theory of all is that Michael Sam is less interested in being the first openly gay pro-football player who blazes a clear path for those who follow him, and more concerned about becoming a gay icon, or worse, a martyr. Whatever the reason, Sam accepted the massive responsibility of being a cultural trailblazer, and fumbled the ball.

Sam wasn’t the best player in the NFL draft, but everyone knew, including Sam, that he would be the most closely watched. He had “come out” as gay soon after the college football season, and in light of his prominence and recognition as a stand-out athlete, his honesty and openness about his sexual orientation was hailed as a cultural turning point, an advance for gay Americans, and a test for the macho NFL. Would he be drafted? If he wasn’t (or was?), would it be because he was gay? ESPN’s cameras were in the Missouri defensive end’s home Saturday as the drafts neared its final stages with Sam name still uncalled. When St. Louis Rams coach Jeff Fisher called Sam at his agent’s house in San Diego to tell the former University of Missouri defensive lineman that they had selected him in the seventh and last round of the draft, it was instant drama.

There was more drama, in fact, than ESPN and viewers probably expected. Sam burst into tears while receiving the call, and then received an emotional, mouth-t0-mouth kiss from his boyfriend, Vito Cammisano.

Not that there’s anything wrong with that.

Actually, there is; several, in fact. To begin with, Sam had violated the Second Niggardly Principle, which states,

“When an individual or group can accomplish its legitimate objectives without engaging in speech or conduct that will offend individuals whose basis for the supposed offense is emotional, mistaken or ignorant, but is not malicious and is based on well-established impulses of human nature, it is unethical to intentionally engage in such speech or conduct.”

A clearer example of the SNP would be hard to find. No doubt about it, most heterosexual Americans, which means most of the public, are not used to seeing adult men kissing each other on the lips. There is no question that Sam knows this: of course he does. Even now, popular culture uses the image for shock value; it was only the 90’s when an impulsive lip-lock from Kramer on Jerry drove the studio audience to screams of laughter. No, there’s nothing “wrong” with two men kissing each other, but an awful lot of people were raised to think it is unnatural, and it is wrong to intentionally or negligently offend or upset them gratuitously. It is the flip side of tolerance: consideration and etiquette. Causing discomfort just because you can, or because your targets “deserve” or “need” to feel uncomfortable is just trouble-making for the hell of it. “Deal with it!” is confrontational and aimed at creating rancor, not comity. Continue reading

Ethics Dunce: Justice Sonia Sotamayor

We shouldn't need one of these at the Supreme Court.

We shouldn’t need one of these at the Supreme Court.

Supporters of Justice Sotamayor’s embarrassingly anti-judicial dissent in Schuette v. Coalition to Defend Affirmative, Integration and Immigration and Fight for Equality by Any Means Necessary betray their ignorance of law and worse, their endorsement of double-talk from the one place in our government where it should never be tolerated, the Supreme Court.

It’s not even debatable.

“The way to stop discrimination on the basis of race is to speak openly and candidly on the subject of race,” she wrote,  “and to apply the Constitution with eyes open to the unfortunate effects of centuries of racial discrimination.”  “Speak openly and candidly…”

How does Sotamayor speak openly and candidly?  Like this, from footnote 2 of her dissent…

“Although the term “affirmative action” is commonly used to describe colleges’ and universities’ use of race in crafting admissions policies, I instead use the term “race-sensitive admissions policies.” Some comprehend the term “affirmative action” as connoting intentional preferential treatment based on race alone—for example, the use of a quota system, whereby a certain proportion of seats in an institution’s incoming class must be set aside for racial minorities; the use of a “points” system, whereby an institution accords a fixed numerical advantage to an applicant because of her race; or the admission of otherwise unqualified students to an institution solely on account of their race. None of this is an accurate description of the practices that public universities are permitted to adopt after this Court’s decision in Grutter v. Bollinger, 539 U. S. 306 (2003) . There, we instructed that institutions of higher education could consider race in admissions in only a very limited way in an effort to create a diverse student body. To comport with Grutter, colleges and universities must use race flexibly, id., at 334, and must not maintain a quota, ibid. And even this limited sensitivity to race must be limited in time, id., at 341–343, and must be employed only after “serious, good faith consideration of workable race-neutral alternatives,” id., at 339. Grutter-compliant admissions plans, like the ones in place at Michigan’s institutions, are thus a far cry from affirmative action plans that confer preferential treatment intentionally and solely on the basis of race.”

Oh, look! A new euphemism, which is how partisans, activists, advocates and pols muddy public policy discussions by using carefully crafted words and phrases designed to mislead the public and hide what is going on!

Continue reading