rationalizaions

Dead Ethics Alarms And Dead Brains In Cleveland

/ Jack Marshall / 14 Comments
In other words, be just like Cleveland, Ohio.

In other words, be just like Cleveland, Ohio.

When I read that Cleveland was trying to bill the family $500 for the fatally wounded  Tamir Rice to be carried by an ambulance after an incompetent police officer shot the 12-year-old boy as he played with a toy gun in a city park, I began a mental countdown. How long would it be before a public outcry forced the Cleveland municipal government to cover the bill and apologize? It took about a day.

It doesn’t matter how one regards Rice’s death: a racist murder by a cop, excused by the justice system ( black activists, anti-polce race-hucksters  and too many journalists and pundits), blatant incompetence on the part of many adults and institutions, leading to the negligent, tragic death of an innocent child (Ethics Alarms), or something in between. The incident was a massive humiliation for Cleveland, its leadership and the police, justifying all of the anger and raw emotion in its aftermath. Tamir and his family were undeniably victims, and the city was the entity that harmed them. If there is a single individual on the city payroll who is incapable of immediately recognizing the grotesque insult of billing the family for removing the body of the dead child killed by city police, then the city itself is untrustworthy and dysfunctional. As it happens, many city employees must have been aware of the disgusting bill, and every one of them should have been smart enough to know that this was one expense the city had to eat or else. Now we know how and why Tamir died. Incompetent people are running the city, and incompetent people are dangerous.

Cleveland Mayor Frank Jackson apologized at a news conference yesterday, and said that the city would pay whatever wasn’t covered by Medicaid. “It was mistake in terms of us not flagging it, but it was not a mistake in terms of the legal process,” Jackson said. This logic echoes the rationalizations for the conduct of “The Worst Aunt Ever,” who sued her 12-year-old nephew to get insurance covered damages. Continue reading →

Update On “The Worst Aunt Ever” Debate

/ Jack Marshall / 6 Comments
Auntie Maim and Nephew Maimer...

Auntie Maim and Nephew Maimer…

Remember the Ethics Alarms post about the favorite aunt who sued her 12-year old nephew for damages based on her injury when he jumped into her arms at his birthday party when he was 8? Remember the indignant plaintiffs lawyer who couldn’t get his mind around the fact that normal people don’t (ande shouldn’t) always see right and wrong like lawyers do, or that “it’s done all the time” (that is, The Golden Rationalization, #1 on the Rationalizations list, “Everybody does it”) and “there are worse lawsuits” ( or the worst of all rationalizations, #22, “Comparative Virtue” or “Its not the worst thing”) are not sufficient ethical defenses of a woman who voluntarily traumatizes a child who trusts her and who just lost his mother?

The Weekly Standard looks at the episode from some different angles, and writer Charlotte Allen does an excellent job providing a balanced analysis of the case (which I am now using in my ethics seminars to explain to lawyers how legal ethics alone is often not enough to make lawyers ethical). I am awash with regret that I didn’t think of the gag  “Auntie Maim” in the original post, which admittedly went a bit overboard in its condemnation as it was. Mostly, however, I am gratified that I was quoted in the piece after a well-handled interview with Charlotte, and indeed that she used my perspective to sum up the significance of the episode.

You can read it all here.

My Reply To Eric Turkewitz’s Criticism Regarding “The Worst Aunt Ever”

/ Jack Marshall / 71 Comments
This guy would have given The Bad Aunt the right advice...

This guy would have given The Bad Aunt the right advice…

Eric Turkewitz is a New York trial attorney, by all accounts a terrific lawyer, by the evidence of his writing an ethical and astute one, in our brief encounters a very nice guy, and the proprietor of “The New York Personal Injury Law Blog.” In a recent post, he defends the decision of Jennifer Connell to sue her young nephew for a four-year old injury she received when he hugged her too enthusiastically at her birthday party. He notes, correctly, that the decision to sue was based on the client accepting a “bad call” by her lawyer. He also includes a lot of information not mentioned in the early posts on the matter, including mine. Still, he defends Connell. He also specifically criticizes my post. Eric writes,

And this is from Jack Marshall, who says he actually teaches ethics and has a blog called Ethics Alarms (coded “no follow“):

“What’s going on is that Aunt Jennifer is pure hellspawn, a mysteriously animated pile of human excrement that embodies the worst of humanity.”

This is what happens when people elect to post stuff on the web based on an initial news report that was, shall we say, very selective on what it chose to report. This site is getting quite a bit of traffic, most likely from many who never knew it existed. So let me answer a question some of you may have: Yes, I know what it’s like to be on the receiving end of lawsuits, and they weren’t nearly as benign as this run-of-the-mill kind: On Suing and Being Sued.

Yes, I “actually teach ethics,” and I could, in fact, teach Eric some things that he would find useful and enlightening. I’m not going to get in a pissing match with him, in part because, as I learned from another tiff four years ago (in which I was wrong, and duly apologized), he has some very, very nasty pals, and I don’t want to throw blood in the water. This is, however, an excellent example of how lawyers often end up seeing the world, and in fact I may use his post, unattributed, in seminars to show where legal ethics and ethics diverge. It is wise for lawyers to be atuned to both.

Here was the response I made to Eric on his blog: Continue reading →

Comment of the Day: “Ethics Dunce: Columbia, South Carolina Police Chief Ruben Santiago”

/ Jack Marshall / 5 Comments

A few quick points, before I present Chris Marschner’s excellent Comment of the Day:

  • You know you’re posting too much when a you’ve completely forgotten an essay less than a month old, like this one.
  • Why didn’t someone tell me that I left the “l” out of “Columbia”?
  • I’m going to have to start working on my proof-reading again, clearly. There were a couple more typos in this post.
  • Chris just started commenting, and this is the third carefully written, well-reasoned substantive piece he has produced. I am grateful; such debuts raise everyone’s game.
  • I liked this post, and not many people read it or commented on it. I am increasingly worried about the trend in law enforcement and in government generally, especially the schools, to brush off free speech as an inconvenience. I’m grateful to Chris for raising the issue again.

Here is his Comment of the Day on the post, “Ethics Dunce: Columbia, South Carolina Police Chief Ruben Santiago”: Continue reading →

Ethics Dunce: Columbia, South Carolina Police Chief Ruben Santiago

/ Jack Marshall / 9 Comments
The face of police power abuse in Columbia, S.C.

The face of police power abuse in Columbia, S.C.

If our culture did a minimally competent job communicating the essential right of free speech in the United States, people like Ruben Santiago wouldn’t think as the do—as they do being best described as ignorantly, censoriously, arrogantly and stupidly. Both the Left and the Right are to blame for the message not getting out to the public, and, consequently, members of the public who acquire governmental authority: the government can’t threaten you or harm you for mere speech…the Left through its attempts at political correctness, mind control and indoctrination in the schools, the Right in its efforts to use laws to curb expression involving sex and violence in the arts and entertainment.

In Columbia,Police Chief Ruben Santiago took to the Columbia Police Department Facebook page to announce that his officers had seized  $40,000 in marijuana from an apartment after a successful drug investigation. Citizen Brandon Whitmer, on his own page, took note of the arrest and opined, “maybe (police) should arrest the people shooting people in 5 points instead of worrying about a stoner that’s not bothering anyone. It’ll be legal here one day anyway.” Santiago replied ominously to Whitmer, saying, “(W)e have arrested all of the violent offenders in Five points. Thank you for sharing your views and giving us reasonable suspicion to believe you might be a criminal, we will work on finding you.”

Somebody  in the department with a working knowledge of the Constitution quickly got that post deleted, but Santiago defended it in a double-down post, writing, Continue reading →

Comment of the Day: “Ethical If We Want It To Be: NBA Flopping and Fooling the Ref”

/ Jack Marshall / 12 Comments

This is a wonderful comment by Dwayne N. Zechman, which goes to the heart of what makes sports ethics so perplexing. Let me leave it to Dwayne now, and I’ll have some comments at the end. Here is his Comment of the Day on the post Ethical If We Want It To Be: NBA Flopping and Fooling the Ref:

“I admit I’m having a little trouble with this one.

“If I understand correctly, your premise is that each sport has its rulebook, and what’s ethical or not is mostly determined by what’s in that rulebook. The outside margins of “mostly” come from long-standing traditions, and de facto rules related to safety or practicality. The game isn’t life–it’s a distinct “closed system” if you will, and the rules about life might not apply. Or perhaps it’s better to say that we can choose to declare (in the rulebook or through tradition) that certain rules of life do not apply within the game and that’s okay. Doing so diminishes neither the ethical rule nor the game itself.

“So the beginning of my trouble is that this smacks a little of a combination of “Everybody does it”, “If it isn’t illegal, it’s ethical”, and The Compliance Dodge. Okay, I can accept that, though, because we’ve already stipulated that specific ethical principles can be exempted from a game/sport.

“Next comes my own dissonance in trying to reconcile this article with other recent articles here on Ethics Alarms about pro football, where the same exemption of ethical principles is applied, but somehow shouldn’t be. Okay, I can accept this, too. There is a distinction in that an ethical principle shouldn’t be exempted from the game when there are clear, demonstrable consequences to the player that persist after the game is over and the player’s real life resumes. In a situation such as that, it’s impossible to exempt an ethical principle JUST for the game because the exemption itself renders the game no longer a “closed system”. Continue reading →