When Unethical Approaches Evil: The Clarence Aaron Pardon Fiasco

Clarence Aaron, waiting for justice

I read about Clarence Aaron four days ago. It has bothered me ever since. The short version of this horror story is that a young man, outrageously sentenced to three consecutive life sentences for a drug offense despite being a first offender, was poised to receive a pardon from President Bush but did not, because the Pardon Attorney charged with job of presenting the case to the President inexplicably left out critical  information that would have all but guaranteed his freedom. The attorney’s name is Ronald Rogers: he was the Pardon Attorney under Bush, and is still in that post today.

I have been trying to figure out what ethical breach would describe what Rogers did, a difficult task in the absence of an explanation from him. Was this incompetence? Laziness? Was it a lack of diligence—was he careless? Did Rogers sink Aaron’s case because he doesn’t like blacks, or doesn’t like drugs, or doesn’t like pardons? Does he lack empathy? Sympathy? A heart? Continue reading

Comment of the Day: “A Last Word on the Kevin Coffay Sentence”

Brain chemistry?

Michael, who is the reigning Comment of the Day champion, comes up with another here regarding the Kevin Coffay sentence and the mitigating factor in juvenile crimes, supported by brain chemistry research, that adolescents are not as capable of rational decision-making as adults, and therefor should not be punished as severely for their reckless acts. This is his post regarding A Last Word on the Kevin Coffay Sentence.”

“Don’t go overboard with the studies that show adolescents are incapable of being responsible, thinking rationally, or evaluating risks. If you look at such studies, they are done in a vacuum and merely state that older people are BETTER at evaluating risks (duh). The main point is that our brains continue to develop until 25 or so. Much like Titanic research, however, this research is interpreted wildly and without considering evidence to the contrary. Continue reading

A Last Word on the Kevin Coffay Sentence

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

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

Unethical Web Headline of the Month: The Huffington Post

This photo has almost nothing to do with the subject of this story.

It wasn’t only HuffPo, to be fair. Every single news website that covered the story used the same misleading, sensational idea in its headline, but The Huffington Post’s version was the worst:

Anthony Stewart, 15-Year-Old From Syracuse, N.Y., Jailed For 7-Cent Robbery

Awww..poor Anthony! And what a mean judge! What did the mischievous tyke do, steal the change from the little bowl by the cash register at the Subway sandwich shop? Knock over a lemonade stand? No, actually, he did this: (From the CBS New website):

“Anthony Stewart was found guilty of first-degree robbery earlier this month for beating and kicking a 73-year-old man and robbing him of seven cents. Prosecutors say the victim was on his way to a store last December when the two teenagers ran up from behind, knocked him into a snow bank, then kicked and punched him. The two teens had handguns, which Stewart later admitted were BB guns, prosecutors said.”

Even though both the victim and Stewart’s partner in crime identified him, Anthony Stewart, unlike his accomplice, refused to plead guilty and insisted on a jury trial. He lost his gamble, and the judge, as judges are wont to do, penalized him for not admitting his guilt. The victim’s other attacker had been sentenced as a youthful offender, meaning the he will have his record sealed and won’t be labeled a felon, though he still will spend up to four years in a state juvenile facility. Stewart, however, didn’t get the youthful offender break, and will come out of prison two to six  years from now with a felony conviction on his permanent record.

“If you admitted like a man, then I would have sentenced you exactly as I did Mr. Ninham,” the judge told Stewart. “But you still denied committing a crime, despite a mountain of evidence.”

Let’s get this straight: the seven cents had nothing to do with the sentence, other than the fact that it changed the crime from a criminal assault to a robbery. I don’t know why these two dummies bothered to steal seven lousy cents, when they found that this was all the old man was carrying. Still, it established that they would have stolen whatever he had, whether it was 7 cents or  $7,000 dollars. Two teenagers, armed with weapons, beat a man and robbed him. It was a brutal attack, and the fact that they only got 7 cents out of it is moral luck and cosmic irony, but it doesn’t, and shouldn’t, make the criminals any more sympathetic.

So why did the Huffington Post (and CBS, and the New York Daily News, and Yahoo, and Newser, and Fox…) use a headline that made it sound like the American Justice system was doing its Kafka imitation, and a photo of the young African-American teen calculated to tug on our heartstrings and make Al Sharpton go bananas?

Because they lie, that’s why. Because they don’t care that lots of people just read their dishonest headlines and never finish the story, and then tell their family and friends about the insane judge who is ruining a boy’s life because he took 7 cents. Because all they care about is web traffic, and the journalistic ideals of factual and objective reporting are so dead, they wouldn’t even make it as zombies.

Even with the facts of the attack revealed (in the HuffPo article, seven paragraphs from the lead), an astounding number of commenters on the various sites took their cues from the headlines, and expressed horror and outrage. It was a white judge—racism must have been behind the sentence! The boy just made a mistake, and what harm did he do—after all, he only took 7 cents! Why should Anthony be penalized for making the system prove him guilty beyond a reasonable doubt?

Fools all…but fools nourished by unscrupulous media like the Huffington Post. Anthony deserves every second of his sentence, and the felony record too. He participated in a violent and armed attack on an elderly man, and if he wanted mercy from the judge, he should have admitted his guilt. That’s the system.

Anthony’s asinine lawyer, who either gave him awful advice or failed miserably by not talking him out of pleading not guilty, fatuously told the judge,  “For 7 cents, now you’re making someone a felon for the rest of his life.”

No, he made himself a felon for the rest of his life, and it wasn’t “for seven cents.”

But don’t worry!  Anthony will be OK. I’m sure the Huffington Post will have a job for him.

Fick Sighting in Prince George’s County

Leslie Johnson, fick.

Ethics Alarms recently coined the useful term fick to describe the especially shameless individual who violates society’s ethical norms openly, publicly and flagrantly, without remorse or apology. It takes a certain kind of anti-social arrogance to be a true fick, with the gold standard established by Michigan lottery winner Leroy Fick, a millionaire who happily continues to collect food stamps because of a statutory loophole despite howls of indignation from his neighbors in one of the most fiscally-challenged states in the nation.  Other ficks who have come to light include Hugh Heffner despicable ex-fiance Crystal Harris, who plotted to humiliate him at the altar to launch a reality show. Of course, there is  longstanding Octo-fick Nadya Suleman, and celebrity fick Charlie Sheen.

Now lucky Prince George’s County in Maryland has a bona fide fick of its own.  Continue reading

Ethics Dunce: Bernie Madoff, Now and Forever

Would I rather have Charlie or Bernie on the loose? Tough call...

Bernie Madoff, reports the New York Times, is feeling mistreated.

Two years into his 150 year sentence for defrauding hundreds of investors, destroying dozens of charities, and crushing the financial security of people who trusted him with their future, Madoff thinks it was unfair for Judge Denny Chin, who sentenced him, to make certain that he would die in prison. Accusing Chin of having “zero understanding of the industry”—meaning what, I wonder; that it was normal for the investment industry to set out to ruin people?—-and saying that he was being made a scapegoat while Wall Street firms and government officials “walk away free,” Madoff told reporter Ben Weiser, “Remember, they caused the recession, not me.”

Yes, and the Crusades started the chain of events that led to 9-11, and Teddy Roosevelt’s Asian policies lit the fuse for Pearl Harbor. Continue reading