rape

Comment of the Day: “Ethics Quiz: The Kidneys of Orlac”

/ Jack Marshall / 9 Comments
But first, a last act of altruism...

But first, a last act of altruism?

The presumptive winner of the annual Ethics Alarms award for “Commenter of the Year” in 2013, texagg04,  has delivered a Comment of the Day expanding the topic of the post regarding a condemned prisoner in Ohio who wrangled a postponement of his execution so he could donate his organs to relatives. Here is  texagg04’s  take on “Ethics Quiz: The Kidneys of Orlac.” I’ll have some comments at the end.

“First, a murderer or other capital criminal being held responsible for his or her conduct seems to be in conflict with the same individual being allowed to display charity when you say they  forfeited their freedom, all of it, with their commission of a  capital crime. I’m not so sure it should be viewed from that angle.

Punishment serves a variety of purposes. Some petty crimes receive punishment designed to compensate, as best as can be, the victim – the victim being dead, capital punishment does not serve this purpose. Some crimes are of an anti-social nature, and the apt punishment seeks to rehabilitate or reconcile the perpetrator to the community. Capital crimes are so heinous that we have determined that the perpetrator must be completely cut off from society, through their death. In this case, the punishment does nothing for the victim OR for the criminal; the punishment is designed solely for the benefit of society.

If the criminal wishes to donate his/her organs to (what we must assume is to salve their own conscience – even though we can, probably, cynically assume is just a delaying tactic), we should not care one bit. They are gaining no material benefit from the community, nor are they engaging in any direct interaction with the community – so the act of cutting them off from the community as part of the punishment is still complete. Continue reading →

Ethics Quiz: The Kidneys of Orlac

/ Jack Marshall / 32 Comments
Kidneys, okay, maybe...BUT NOT THE HANDS! NEVER THE HANDS!!!

Kidneys, okay, maybe…BUT NOT THE HANDS! NEVER THE HANDS!!!

One individual who may be having complicated sentiments this Thanksgiving is Ronald Phillips, who is current residing on Ohio’s death row. He was supposed to be dead by now, but was spared at the last moment when Governor John Kasich issued a stay of execution to ponder Phillips’ unusual request, which had been rejected by prison officials. Phillips, you see, is not a nice guy, as his current address might suggest. He was convicted of raping and killing the three-year-old daughter of his girl friend. (They subsequently broke up. It was him, not her.) He had experienced a change of heart, however, or rather, wished to facilitate one. His sister needs a heart transplant, and he wants his to be passed over to her after his execution by lethal injection. He also wants his kidneys donated to his mother, who is on dialysis because hers are failing, and any other parts of him that might save a life given to others.

Presumably this will not include his hands, because there are a couple of horror movies, one old one in particular, about what happens after that operation, and they are pretty scary. There are no horror films that I know of, however, about the aftermath of getting an executed murderer’s kidney.

Yet.

Gov. Kasich, who is a nice guy, has explained that as heinous as Phillips’ crime was, the state should try to accommodate his desire to save innocent lives. The tentative plan is to hollow Phillips out, execute him in July, and then harvest anything that’s left.

Have you seen that movie, by the way?

Your Ethics Alarms Ethics Quiz:

Should such a request by a condemned prisoner be granted?

I’ll play devil’s advocate here, except that the advocate for the child rapist deserves the title more than I do. I think Kasich is confused, and that Phillips or his lawyers have figured out one more way to foil the criminal justice system. Continue reading →

The Ethics Of Rush Limbaugh’s Fillibuster-Rape Analogy, And Why You Should Read Ann Althouse’s Blog

/ Jack Marshall / 29 Comments

wolves-and-sheep…and also never, ever underestimate Rush Limbaugh.

Law prof-blogger Ann Althouse perfectly analyzes Rush Limbaugh’s virtuoso attack on the U.S. Senate Democratic majority’s much-criticized curtailing of the filibuster this week, to pave the way for President Obama’s stalled judicial nominations. Feminists and other knee-jerk Rush-bashers are furious, and, of course, knowing exactly what to say and how to say it to annoy the hell out of them is part of his mission in life, and one which he does very, very well. If you missed it, here’s what Rush said in response to a caller (though if he hadn’t planned on this, I will be shocked, as well as very impressed)… Continue reading →

Can A Prostitute Be Raped?

/ Jack Marshall / 79 Comments
On Nov. 5, we'll find out if W.C. Fields' low opinion of Philadelphia was justified...

On Nov. 5, we’ll find out if W.C. Fields’ low opinion of Philadelphia was justified…

An unethical and incompetent judge in Philadelphia doesn’t think so, thus making a powerful argument against electing judges, being a prostitute, and living in Philadelphia.

Philadelphia Municipal Court judge Teresa Carr Deni ruled that the 2007 rape of a prostitute at gunpoint was merely “theft of services.”The  woman had agreed to meet a man have sex with him for the bargain fee of $150. He asked her if his friend could join in the fun for an additional $100, and she agreed. When these two sterling citizens arrived for the appointment, however, they held her at gunpoint and forced her to have sex with them free of charge.

If this isn’t rape when a prostitute is involved—forced, unconsented intercourse, through the threat of deadly force—then any prostitute can be raped at will, with the worst charge being “theft.” Selling sex doesn’t convert sexual battery into nothing, a non-crime, once consent for that sale is withdrawn. If you know someone is preparing to sell blood to a blood bank, and you attack him, subdue him, and drain his blood to sell yourself, is this merely theft, or a crime of violence? If he was going to be an organ donor, and you rip out his kidney, is that just theft? There is no route through law or reason that allows us to ignore the fact that a woman was forced to have sex with two men without her consent. Judge Deni clearly has a monstrous bias against prostitutes, and thus believes that they shouldn’t receive equal protection under the law. When criticized, her rationalization was that prosecuting the men for rape “minimizes true rape cases and demeans women who are really raped.” Continue reading →

Are Universities Ethically Obligated To Tolerate Professors Who Embarrass Them By Saying Idiotic And Offensive Things?

/ Jack Marshall / 9 Comments

Apparently the answer to the above is “Yes.”

"Duh!"

“Duh!”

If the university is a state school, then for it to fire a professor who makes ridiculous, foolish or hateful statements that make people wonder why they should ever entrust the minds of their tender charges into an institution that would knowingly hire cretins and jackasses to pollute student RNA, then this is probably a First Amendment violation, since it amounts to the government punishing speech and chilling free expression. If, on the other hand, the university involved is not a state school, then to send a professor packing because he or she has rammed his or her foot down his or her throat up to the knee is a violation of the crucial principle of academic freedom, which is, in brief, that to encourage the free discussion of ideas on a college campus, education being the purpose of the institution, literally no idea, point of view or position should be blocked or chilled by substantive negative action.

Three cases of recent vintage illustrate the university’s plight: Continue reading →

Rejecting Mob Justice Even When The Mob Is Right: Ethical And Necessary

/ Jack Marshall / 29 Comments
The Taco Bell employee-to-be,

The Taco Bell employee-to-be,

Prediction: Those who don’t comprehend the George Zimmerman verdict will never understand this one. Yet it is absolutely right and necessary in every way.

Summary: The Montana Supreme Court blocked an incompetent judge from changing an offensive and inexcusably inadequate sentence for a serious crime, because he was trying to do so as the result of public criticism.

Background: Judge G. Todd Baugh, an elected district judge in Montana’s Yellowstone County, sentenced  former high school teacher Stacey Dean Rambold to 15 years in prison with all but 31 days suspended—that’s one lousy month, friends— for having sexual intercourse without consent, also known as rape, with a 14-year-old female student (the teacher was 49 at the time) who later committed suicide while the case was pending. The judge, who appears to be an idiot (he later said that he can’t imagine what came over him) explained his decision at the time by saying that the underaged victim of the statutory rape was “older than her chronological age” and had “as much control of the situation” as the teacher.

Beginning with the late student’s mother, who reacted to the absurd sentence by screaming “You suck!” at the judge (Excellent diagnosis, by the way) and storming out of the courtroom, the ridiculous verdict caused an overwhelming backlash of negative public sentiment that spread nationwide. There was so much wrong with the sentence and the way it was arrived at that the mind, and conscience, boggles: Continue reading →

Regarding Ariel Castro’s Suicide: Good!

/ Jack Marshall / 13 Comments

GatesOfHell

I won’t go so far as to call him an Ethics Hero, but killing himself was probably the ethics highlight of Ariel Castro’s miserable, evil life.

The state of Ohio can’t navigate the moral-ethical logic necessary to execute a monster like Castro ( I see nothing ethical or moral about preventing society from making a crime like his just cause for capital punishment), so Castro took matters into his own hands and did the right thing.

Good.

Oh, I agree that the state has an obligation to do everything it can to prevent a prisoner from doing harm to himself, just as it would have an obligation to let Castro have gender reassignment treatment (though I am amused by wondering whether the advocates for Bradley Manning would be as vociferous if the subject was a sick rapist-kidnapper rather than a popular traitor). But I don’t want to pay my tax dollars to keep the likes of Ariel Castro in food, lodging and medical care, and I doubt many Ohio taxpayers do either. Taking himself out was an ethical act all around for Castro: we benefit, the system benefits, justice is served, and Castro is dead, all the better to make sure some future regime of touchy-feely uber-humanists don’t declare all sentences over 20 years as “cruel” or Ohio jails don’t become California Crowded, resulting in an elderly Castro being released to do the talk show circuit and star in a documentary.

Was his act cowardly? I heard an angry pundit declare so today, but I don’t feel we have any way of knowing that. Personally, I’d rather keep living, even in prison, than kill myself. I don’t really care if it was cowardly or not. They guy was a serial rapist-kidnapper-torturer, and his memory is supposed to be further stained by “And he was a coward, too”?

Is it’s a sin? I don’t think killing Ariel Castro can possibly be a sin…even if the killer is Ariel Castro.

A wiser society should have ended Castro’s life.

He did us all a favor by doing it on his own.

Thank you, Ariel!

Now go to Hell.

___________________________________

Facts: Columbus Dispatch

Wanetta Gibson, Elizabeth Paige Coast, Chaneya Kelly, Cassandra Kennedy and the Alkon Formula: How Should We Punish False Rape Victims?

/ Jack Marshall / 54 Comments
Coast: How much compassion does she deserve?

Coast: How much compassion does she deserve?

Commenting on the case of Elizabeth Paige Coast, a Virginia woman who finally came forward last year to confess that in 2008 she had falsely accused Johnathan C. Montgomery, a former neighbor, of raping her in 2000 when she was 10 years old and he was 14, advice columnist and blogger Amy Alkorn proposes this sentencing formula:

“I feel strongly that those who falsely accuse someone of rape should spend the amount of time incarcerated that the person they falsely accused would have.”

Coast’s victim was convicted of rape and  spent four years in jail as a result of her lies. As for Coast, she was recently sentenced by Hampton Circuit Court Judge Bonnie L. Jones to only two months in jail, plus being required to pay Montgomery $90,000 in restitution for de-railing his life. The judge suspended the rest of a five-year sentence, and is allowing Coast to serve the remainder on weekends so not to unduly disrupt her life.

Coast’s lawyer had argued any jailing would send the wrong message to others who lie about false rapes. The prosecutor, agreeing with Alkon, asked for a 10-year sentence with six years suspended so she would serve the same length of time as Montgomery. It seems the judge agreed with the defense more than Alkon. I think Alkon is closer to the mark, but if we make the punishment for recanting rape accusers too severe, it is probably going to mean that some in Coast’s position will choose to let their victim rot and just live with a guilty conscience. Continue reading →

Logo Ethics: How Insane Is Campus Political Correctness? A Quiz

/ Jack Marshall / 49 Comments

Here are four logos from U.S. institutions of learning.  Each was or  is under attack by groups of students or administrators as being “offensive,” and in each case, the school’s administration either spent or is spending time and money to comply with the concerns. You have to guess the reason for the offense in each case.

Ready? Here’s number #1, from Brooklyn College:

Logo1

Give up? Well, back in 2009, we have recently learned, Karen L. Gould, who had just taken over as the first woman president of Brooklyn College, raised $107,000 to replace the old logo (the silhouette of the school’s landmark La Guardia Hall clock tower), because she thought it looked like a giant penis. [An earlier version of the post surmised that she therefore believed the logo was sexist. There is no evidence of that; it was my surmise and my error.]

She would not be happy living in Washington, D.C., clearly.

Ready for the next one? Here’s #2, from the University of Connecticut: Continue reading →

Ethics Verdict On Dr. Phil’s Media Mugging

/ Jack Marshall / 16 Comments
You're in the clear, Phil...this time.

You’re in the clear, Phil…this time.

If a brilliant scholar like Richard Dawkins can get himself in hot water trying to be provocative in 140 characters, you can imagine the scalding a phony expert like Dr. Phil can attract with his tweets. Sure enough, the Oprah Winfrey-spawned arbiter of troubled relationships is now being ground up in the maw of the blogosphere and news media for tweeting this question to his inexplicably large mass of Twitter followers:

 “If a girl is drunk, is it okay to have sex with her? Reply yes or no to @drphil #teensaccused.”

He did not ask “If a girl is passed out drunk, is it okay to have sex with her?” Nor did he ask “If a girl is drunk, is it okay for me to have sex with her?” (The answers to both of these questions, obviously to me, you, and Dr. Phil, is emphatically  no. But then, he didn’t ask either of them.) He also didn’t suggest that he doesn’t know the answer to the question he did ask. He posed a question for his followers, which it is reasonable to assume was done to get a sense of the majority response.

There was nothing wrong, unethical, “tone deaf,” insensitive, sinister, off-putting, icky, misogynistic or otherwise inappropriate about the tweet or its wording, whether it was sent by Dr. Phil or anyone else.

And yet (from the Washington Post)... Continue reading →