punishment

A Last Word on the Kevin Coffay Sentence

/ Jack Marshall / 9 Comments

Keven Coffay, the teen who drove drunk, killed three of his friends as a result and fled the wreck as they lay trapped and dying, has prevailed in his effort to get the original 20 year prison sentence (for involuntary manslaughter) reduced. Now he may be released as early as next spring, on parole from his new, lenient, 8 year sentence. I won’t re-iterate my views on Coffay’s case, which are already here and here. I will make this additional observation.

In his column today, George Will discusses the science behind the growing consensus that life sentences without the chance of parole qualify as “cruel and unusual punishment” prohibited by the 8th Amendment. I don’t disagree with his conclusion, nor do I doubt, as the father of a teen-age son, that the brain chemistry of teens dictate special calculations and analysis when trying to decide on what is just punishment for crimes arising from the recklessness and poor judgment of adolescents as opposed to adults. Continue reading →

The Kevin Coffay Tragedy Revisited: Not Vengeance…Survival

/ Jack Marshall / 32 Comments

Kevin Coffay took the wheel with four of his teenaged friends as passengers. All four were drunk, and by the end of the evening only Coffay and another were alive, three young people having perished when Coffay’s intoxicated driving caused the car to go airborn into a bloody crash. He was convicted by a Montgomery County (Maryland) court of involuntary manslaughter in January and sentenced to 20 years, not in small part because he had fled the scene of the accident, running and hiding in the woods as his friends bled and died in the wreck.

Today he is in court arguing, through his lawyers, that his sentence is too long. I didn’t think it was too long when I first wrote about the tragedy in January, but after reading his arguments and those of his defenders, I have come to believe that the sentence may not be long enough. Continue reading →

Ethics Quiz: What To Do With a Bad Seed?

/ Jack Marshall / 59 Comments

A horror story from Cowlitz County, Washington:

Little Rhoda didn't know what she was doing was bad! Suuuuuure she didn't...

When she was was 11 years old, Cassandra Ann Kennedy decided that her father didn’t love her enough, and that she would have a happier life if he wasn’t around any more. So that she made up a story that her father had raped her, told police, and..voila! In 2002 her father was convicted of rape and  sent to 15 years in a Washington state prison.

In January of 2012, Cassandra, now 23,  confessed that it was all a lie. “I did a horrible thing,” Cassandra told detectives. “It’s not OK to sit and be locked in this horrible place for something you didn’t do. It’s just not right.”

Figured that out all by yourself, did you, Cassie? Continue reading →

Ethics Hero: NFL Commissioner Roger Goodell

/ Jack Marshall / 14 Comments

Today the National Football League announced the following response to the results of its investigation of bounties being offered and paid by the New Orleans Saints to its players for injuring key opposition players in games. From the NFL press release:

“Commissioner Roger Goodell notified the New Orleans Saints today of the discipline that will be imposed on team management for violations of the NFL’s long-standing “bounty” rule that endangered player safety over a three-year period.

“Discipline for individual players involved in the Saints’ prohibited program continues to be under review with the NFL Players Association and will be addressed by Commissioner Goodell at a later date. The program included “bounty” payments for “knock-outs” and “cart-offs,” plays on which an opposing player was forced to leave the game. At times, the bounties even targeted specific players by name.

“The NFL’s extensive investigation established the existence of an active bounty program on the Saints during the 2009, 2010, and 2011 seasons in violation of league rules, a deliberate effort to conceal the program’s existence from league investigators, and a clear determination to maintain the program despite express direction from Saints ownership that it stop as well as ongoing inquiries from the league office.

“We are all accountable and responsible for player health and safety and the integrity of the game,” Commissioner Goodell said. “We will not tolerate conduct or a culture that undermines those priorities. No one is above the game or the rules that govern it. Respect for the game and the people who participate in it will not be compromised.”

“A combination of elements made this matter particularly unusual and egregious,” Commissioner Goodell continued. “When there is targeting of players for injury and cash rewards over a three-year period, the involvement of the coaching staff, and three years of denials and willful disrespect of the rules, a strong and lasting message must be sent that such conduct is totally unacceptable and has no place in the game.”

…Based on the record, Commissioner Goodell has imposed the following discipline on Saints management: 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 →

“No Tolerance,” Expulsion, and Poisoned Coffee

/ Jack Marshall / 5 Comments

A post this weekend discussed the case of an elementary student who was expelled for showing a pocket knife to friends on school grounds. Dig around in the Ethics Alarms archives, and you’ll find many other “no tolerance” stories in which schools levied harsh punishment for perceived student infractions such as describing murderous fantasies about teachers on Facebook; a pizza bitten into the shape of a gun; taking possession of a knife from another student in order to turn it over to school authorities, and even more outrageous examples. In several of these incidents, the police were called in. You may recall the case from last year in which a Spotsylvania (Va.) high school student was expelled and charged with criminal assault for the equivilent of blowing spit-balls at a student in class.  Now we have a shining example of why this decade-long trend is not only devoid of justice and common sense, but also counter-productive. It undermines the school’s ability to send a coherent message to the students who need it—the truly dangerous. Continue reading →

A Brief Note Regarding The Supposed Difference Between Male and Female Teens Exploited For Sex By Adult Authority Figures

/ Jack Marshall / 6 Comments

"Come on! What 14-year old wouldn't enjoy being forced to submit to sodomy from her?"

I am posting this as my contribution to the epic argument on the post about Nevada’s wrist slap to the teacher who had various kinds of sex with multiple students. The gist of the dispute is whether it is appropriate to give disparate (harsher) punishment to male teachers who take advantage of female students than is given  to their female counterparts in the sexual predator world,  because “boys are different,” and are more likely to enjoy the sexual awakening without long-term adverse affects.

Yesterday’s sexual predator story (for there is indeed at least one every day, it seems) came from St. George, Utah, where a female fitness coach was sentenced after pleading  guilty  to two counts of forcible sexual abuse as part of a plea deal in which prosecutors agreed to dismiss three additional counts of forcible sexual abuse and five counts of forcible sodomy….of a 14-year-old boy she was supposed to be training.

The boy, now 16, says that he is treated completely differently in school now because of  his “experience.” Was he lucky to be made the sex toy of a hot adult fitness coach? It doesn’t sound like he thinks so. Nonetheless, the woman told the boy, “Well, you learned a whole lot, didn’t you?’ in a secretly taped conversation in which she tried to talk him out of helping prosecutors.

You see?  The attitude being advocated in the comments encourages and rationalizes the actions of female predators.

Incomprehensible Nevada Justice For A Sexual Predator

/ Jack Marshall / 51 Comments

Pop quiz: Can you guess the sentence for this criminal?

Hey! Let's show some compassion for these sexual predators, people!

Bethyl Shepherd, a 35-year old high school teacher,was

  • convicted of having various forms of sexual relations with seven of her male students. In addition…
  • The boys ranged were as young as 15.

She got 60 days in jail, with the rest suspended.

I detect in the country a progressive deterioration of rational attitudes toward official punishment, and this case is an unnerving example. The news story makes it clear that everyone, including prosecutors and the parents of the boys, wanted leniency for Shepherd, and no jail time. The judge rejected their misguided pleas, but just barely.

Why so little punishment? Well, this is Nevada, where the attitude toward dubious sexual relationships is uniquely tolerant. Nevertheless, Shepherd is a sexual predator who exploited the trust of students and their parents for her own sexual gratification. This was not one foolish teacher-student crush, as in other cases that have sent teachers like Mary Kay Le Tourneau into prison for long periods. It appears that much of the sympathy for Shepherd stemmed from defense testimony that she was bi-polar and that this affected her judgment (let’s see how far Jerry Sandusky gets with that strategy) and the fact that her life has spun out of control as a result of her arrest, as she has lost her job, her career, her husband, her children, and has had to sell her car. Continue reading →

Why “He’s Suffered Enough” Is Not Enough

/ Jack Marshall / 16 Comments

Not enough.

“He’s suffered enough” is one of the more popular and effective rationalizations, usually put into use in defense of white collar criminals and the likes of Roman Polanski, wealthy or once-respectable criminals for whom remorse and humiliation are deemed to be as devastating as incarceration.  Yet it is still a rationalization—a deceptive representation of the truth—and shows a misunderstanding of what official punishment needs to accomplish.

A sad drama has played out in a Montgomery County Maryland court, where twenty-year old Kevin Coffay was sentenced to twenty years in prison for fleeing the scene of a May auto accident that he had caused by being drunk behind the wheel, as Spencer Datt, 18; John Hoover, 20; and Haeley McGuire, 18, remained in the wreck after Coffay fled.  All three died.

Coffay was stunned by the sentence, and news reports say that the case has torn the community apart, with the families of the victims seeking retribution, and supporters of Coffay pleading for compassion and mercy. Their argument, as it always is in such tragedies, is that “he’s suffered enough”. This misses the point of the trial, the sentence, and the societal ritual that such events demand. Continue reading →

I Wonder…What Would It Take To Get Fired From the SEC?

/ Jack Marshall / 3 Comments

Keep up the way you’re going, guys. You’ll drive me to “Occupy D.C.” yet.

Do you think The Donald would be willing to run the SEC? At least he knows how to fire someone.

Eight Security and Exchange Commission employees were demoted, docked pay, suspended or otherwise disciplined for their role in the agency’s rank incompetence that allowed Bernard Madoff to steal billions of dollars and destroy lives and charities despite the timely warning of a persistent whistleblower, and more red flags than a bullfight. Yet despite mismanagement of epic and disgraceful proportions, the SEC couldn’t bring itself to fire anyone.

This is the state of accountability in today’s America. Run a corporation into the ground, lose the jobs of thousands, and take a mega-million dollar parting gift. Accept a bribe while you are serving as a State Senator, and not only keep your job, but get acquitted by a jury on the theory that you are too stupid to understand that what you were doing was a crime. Now the SEC’s response to an almost unimaginable breach of diligence in investment oversight by its staff doesn’t involve getting rid of a single one of the individuals responsible—even the individual deemed the most culpable, whose termination was recommended by the agency’s lawyers.

Why, you ask? Continue reading →