suicide

Legal/Ethical Train Wreck in Indiana: The Case of the Poisoned Fetus

/ Jack Marshall / 16 Comments

Mother, failed suicide, accused murderer, and ethics train wreck engineer.

If there are logical and ethical holes in a law, you can count on a case eventually coming along that will make them obvious and painful. Thus it is that the the case of Bei Bei Shuai, a Chinese immigrant living in Indiana, was concocted by the vengeful Gods of Inconsistency to highlight some of the legal problems in two notorious ethical gray areas, abortion and suicide. I’m not going to even try to solve the mess. It’s hard enough to describe it.

Suicide is illegal in Indiana, but attempted suicide is not. In Indiana, as in most jurisdictions, however, if one’s unsuccessful  suicide kills another by accident, that could be prosecuted as manslaughter, through the doctrine of transferred intent. In the case of Shuai, she drank poison, ostensibly to kill herself. But she also wrote a note saying that she was “taking the baby.” Of course, when a pregnant woman kills herself, that usually suggests that she understands that her act will kill her unborn child as well.  Perhaps she was trying to kill herself and wasn’t considering the baby. Perhaps she was trying to kill the baby, and not herself. Perhaps she was trying to kill both herself and her child.

What happened, however, is that she lived. The baby was born, but died shortly thereafter as a consequence, prosecutors say, of the poison Shuai swallowed. Continue reading →

A Facebook Suicide and the Duty To Rescue

/ Jack Marshall / 9 Comments

One takeaway from Claire Lin's death: it's a good idea to have Facebook friends with character.

In Taiwan, a distraught young woman sent streaming photos* of her suicide attempt as she conversed with nine Facebook friends. Some urged her to stop, but none tried to contact police or rescue professionals as she asphyxiated herself with burning charcoal fumes. Yes, her attempt was successful. You can read the disturbing story of Claire Lin’s Facebook suicide here.

Would this happen in America? I wouldn’t be surprised. Sociologists are already weighing in with opinions about the isolation of social media and how the internet makes reality seem less real. I doubt that any of that was especially important in this incident. There have been so many other examples of people left to die with potential rescuers aplenty that were documented on Ethics Alarms and elsewhere, from the Mount Everest climbers who walked past their dying companion, to the more recent case of the Apple store employees who listened to a women get beaten to death in Maryland, that teach us that too many people have the natural inclination not to take affirmative action to help another in distress, and that the instinctive rescuers are the exception, not the rule.

Our culture should teach and reinforce the shared societal duty to come to the assistance of others in peril, but in fact it teaches the opposite. Most of us are told to mind our own business, to think of “Number One”, and  make reverse Golden Rule calculations to rationalize inaction (“He wouldn’t have lifted a finger to help me!”) We are taught to fear lawsuits, to wait for professionals (even if they aren’t coming), and to be fearful of making a bad situation worse. And, of course, we are conditioned to let the other person take the risk, so we can have our cake (not get involved) and eat it too ( see the situation resolved without anyone being harmed). And if we wait just a bit too long for that other person to do the right thing, we can always blame him (or her), saying, “I thought someone else would do it!” Continue reading →

Tales Of Ethics Dunces Past: Recalling the Self-Indulgent Suicide of Hunter Thompson

/ Jack Marshall / 7 Comments

I can’t claim that I am surprised that my post about the suicide of Don Cornelius attracted comments that either showed a misunderstanding of what I wrote or a stubborn determination to change the subject. It was not a post about the virtues of suicide, but about how suicide’sethical calculations may be changing as a broken medical care system increasingly makes the final years and months of the elderly a burden that crushes families and constricts the quality of life  for the nation generally. In short, killing yourself for your country may have to become an accepted practice, an ethical and courageous act, if something doesn’t change. Killing yourself for yourself—to avoid pain, problems, or the consequences of your own actions, should always be considered wrong, for wrong it is.

Jeff Hibbert, one of my favorite contributors here and also one with a great memory, reminded me that I had written on this topic once before. I had forgotten, but that post may be a useful contrast to the Cornelius post. There is not a word of it that I don’t still believe. It concerned the 2005 suicide of Hunter S. Thompson, the cult “gonzo journalist” who lived like frat boy and  wrote like angel. Here it is:

Hunter Thompson’s values were admittedly always a little out of whack, but nothing diminished the self-styled “gonzo journalist” in this world so much as his manner of leaving it. He shot himself to death last February while talking on the phone to his wife, with both his son and grandson in his house with him. Nice. That should guarantee some lucky psychoanalyst or three a comfy income for the foreseeable future. Continue reading →

Don Cornelius, Suicide…and Ethics Hero?

/ Jack Marshall / 13 Comments

“Soul Train” creator and pop culture icon Don Cornelius took his own life at 75 yesterday, using a gunshot to the head to do it. Suicide always conjures up feelings of special sadness for the deceased, sometimes mixed with anger. The act can be cruel and devastating to family members and friends; often it leaves behind crushing problems, financial and otherwise, that the living have to deal with. Suicide is stigmatized in our culture as a coward’s way out of earthly problems; many religions consider it a sin, and many legal systems consider suicide a crime. Yet it may be that American culture will have to undergo a major cultural transformation in the matter of taking one’s own life. While morality tends to ossify, ethics is fluid and adaptable. Changing conditions and new realities can, in rare circumstances, cause societies to conclude that what was once considered right is really wrong, and what was once condemned as wrong is in society’s best interests. I think we may reach that point with suicide. Continue reading →

Unethical Lawsuit Blame Games: The Eric Johnson Murder-Suicide

/ Jack Marshall / 7 Comments

...I'm just going to blame you.

This is the kind of case that should never be brought to trial. It isn’t frivolous: I can see the theory of damages prevailing before a jury. It is just an unethical lawsuit. It is the kind of suit that attempts to exploit sympathy for the victims of a tragedy by using the court system to shift some of the burden from those victims to an innocent party. The strategy can work; it often does, in fact. It neatly uses human nature and the power of rationalization to reach a result that feels like justice, but is really the opposite.  This time, fortunately, the strategy failed.

Beth Johnson filed a wrongful-death lawsuit after her estranged husband Eric flew a private plane into her mother’s house, killing himself and their 8-year-old daughter, the only passenger. The suit against Eric’s flight instructor as well as the commissioners of Lawrence County (Indiana) and the county board of aviation commissioners alleged that they negligently allowed Eric, a student pilot, to fly solo. Continue reading →

Ethics Quiz: Is It Wrong For A Rescuer To Sue The Victim He Rescued?

/ Jack Marshall / 15 Comments

"OK, Princess, you'll get my bill for this rescue in five to seven business days."

On March 11, 2009, Mark Kinkaid and David Kelley were riding in Kinkaid’s truck when they saw a detached bumper, headlights and all, lying in the middle of Rt. 23.  Smoke was rising up from the highway embankment,  and the two men concluded that someone was in trouble. The truck stopped, and they got out, hopped a barbed-wire fence, made their way down the steep highway embankment, where they saw a flaming Hummer. Theresa Tanner was trapped inside, screaming for help. They forced their way into the vehicle, pried a door open and pulled Tanner out. She was injured and burned, but after weeks in intensive care, survived.

Now Kinkaid and David Kelley are suing Tanner, claiming that the crash was her fault and that she is liable for the injuries they sustained in rescuing her. They have filed a lawsuit asking for damages of at least $25,000 each. “All I know is that I am not the same man I used to be,” says Kelley, a 39-year-old truck driver and father of five, who says the heavy smoke and fire that day damaged his lungs so that he can’t carry a laundry basket up the three flights of stairs in his home.

The law provides a rationale for such a lawsuit. “The precedent is clear: danger invites rescue … and if you’ve acted recklessly or negligently and someone gets hurt rescuing you, you could be in trouble,” says Stan Darling, a tort law specialist. A well-established principle known as “the Rescue Doctrine” holds that if someone is in peril because of their own negligence or recklessness, an injured rescuer can recover damages if he acted reasonably and can prove that his injuries were caused by the rescue attempt.

That’s the law, however. This is ethics, and your Ethics Quiz today is:

Is it ethical for a rescuer to sue the person he rescued? Continue reading →

To Wisconsin Unions, a Depressed Woman’s Suicide Is Just Another PR Weapon

/ Jack Marshall / 8 Comments

"Oh, no. Poor ..hey, wait a minute! We just might be able to use this!"

“The ends justify the means,” for better or worse, has always been the modus operandi of the American union movement. Back at the beginning of the 20th Century, this often translated into violence, as union leaders used bombs and murder to counter equally vile tactics—or worse—by their industry foes. Union violence is more common today in the threatening than in the actual execution, but the public unions battling Governor Scott Walker in Wisconsin have made it increasingly clear that ethics, fairness and truth are not going to stand in the way of their objectives, particularly the objective of winning the battle for public support.

A new low may have been reached with the effort to blame Walker for the suicide of Jeri-Lyn Betts, a 57-year-old teacher suffering from chronic depression, who apparently committed suicide last week.  Continue reading →

Cindy McCain Shows Us What the Absence of Integrity Looks Like

/ Jack Marshall / 10 Comments

What sense can we make out of the conduct of Cindy McCain, Senator John McCain’s wife?

In a celebrity video ad, posted online by a gay rights group called NOH8, Cindy McCain has properly linked the bullying of gay teens (and the recent spate of gay teen suicides) with the second-class citizen, undesirable human being status attached to gays by politicians who support the “don’t ask, don’t tell” policy. Then, as the media began speculating about the policy rift in the McCain household, since Sen. McCain still supports the archaic, unconstitutional and unjust policy that forces gays to hide their sexual orientation or be deemed unfit for military service, Cindy McCain sent out a Twitter message that read:

“I fully support the NOH8 campaign and all it stands for and am proud to be a part of it. But I stand by my husband’s stance on DADT.” Continue reading →

Karen Owen’s “Fuck List” and the Rutgers Sex Video Suicide: Not So Different

/ Jack Marshall / 5 Comments

Karen Owen is a recent graduate of Duke. Either they don’t comprehend the nature of the internet at Duke, or are graduating more than their share of cruel, thoughtless, reckless dolts, because Owen decided it would be a hoot to make a faux “senior thesis” Powerpoint presentation documenting her sexual activity with thirteen Duke athletes, none of whom gave consent to be named in her “study”. She classily dubbed it her “fuck list,” but it was unofficially titled “An education beyond the classroom: excelling in the realm of horizontal academics.”  (“Horizontal academics…get it?) Then she e-mailed the file to three “friends,” and, as you’ve probably guessed, one  or more of them sent it around to their friends, who eventually made it viral. Soon two websites decided to maximize the harm to all concerned, as websites are prone to do…especially websites called “Deadspin.” Continue reading →

The Right Lesson From The Rutgers Sex Video Suicide

/ Jack Marshall / 2 Comments

The tragedy can be blamed on moral luck.…bad moral luck. The two Rutgers students who humiliated a classmate by secretly taping a gay sexual encounter between him and another young man and live streaming it onto the internet couldn’t know that their sensitive victim would jump off a bridge to his death in despair. Most students would not react this way. Some might have a breakdown; some might seek revenge. Some might not even care. Raunchy teen hi-jinx gross-out comedies often feature equally awful “jokes” or worse, depicted as just part of the carefree, amoral life among uninhibited youths. This time, however, the prank killed. Everyone will look at students Dharun Ravi and Molly Wei as monsters now, because of the unpredictable result brought about by their cruel violation of a fellow student’s dignity and privacy. Continue reading →