Randy Cohen Watch: “The Ethicist” vs. Integrity, Accountability, and the Law

Randy Cohen, “The Ethicist” of the popular New York Times Magazine column, frequently gets in trouble when he opines on the law, legal ethics, and how lawyers interact with society. This week he was at it again, and he got in trouble, all right. Big time.

Bruce Pelligrino wrote to the column to get “The Ethicist’s” take on the actions of a friend, who told Bruce he wanted to hire a lawyer to challenge a speeding ticket even though he had admitted to the police officer, in the presence of his children who were passengers in the car, that he had been driving 51 m.p.h . where the limit was 35.

“I think he should accept the consequences, learn from the experience and give his children a lesson in ethics,” wrote Pelligrino. ”Shouldn’t he just pay the ticket?”

Cohen sided with the speeder, opining…

“Even those who think themselves guilty are entitled to their day in court, and there is civic virtue in their exercising this right. A trial is a way to hold officials accountable for their conduct. Was the radar gun accurate? Was the speed zone clearly marked? Did the police officer behave properly? And what, given all the circumstances, is an appropriate punishment? Little of this could be scrutinized if everyone simply paid the ticket. It would be a court-clogging nightmare if every self-confessed speeder demanded a trial, but it is a fine thing if, now and then, some people do.”

Randy appears to have misunderstood the question, believing that Pelligrino’s friend was being charged with an arcane S.E.C. violation, or some intricate form of criminal conspiracy. The guy was driving too fast, knew it, and got caught! What does Cohen mean “Even those who think themselves guilty”? The driver admitted he exceeded the speed limit on the basis of his own car’s speedometer; he didn’t “think” he was guilty; he knew with complete certainty he was guilty, and said so to the cop who stopped him.

“The Ethicist” thinks “it’s a fine thing” for that driver to renege on his admission and impugn the policeman’s behavior, challenge the speed limit posting and question the radar gun to get out of a wrongful fine for an act he admits he committed. How could this course of action possibly be called ethical?

Here is what really is “a fine thing,” Randy: integrity—sticking to one’s word and backing it up with action. The driver said the ticket was correct. It is dishonest and irresponsible for him to turn around and challenge it as Cohen suggests. Here’s something else that is “a fine thing,” Randy: accountability—admitting when you have done wrong when you know it and accepting the consequences. The purpose of the legal system is not to encourage citizens to try to avoid just consequences for admitted violations of the law. Yes, as Cohen correctly notes, everyone has a right to challenge charges in court, but as anyone who calls himself an ethicist is supposed to know, it is not always ethical to exercise a right. Banks have the right to kick elderly homeowner out onto the street as soon as they fall behind on their mortgage payments. I have the right to limit my circle of friends and business associates to straight, white, Protestant bigots. I have the right to be blatantly incompetent in my free ethics commentary, and, like Randy in this case, to give mistaken and even harmful advice. All of these things are still unethical, however.

The Ethicist’s answer to Mr. Pelligrino’s query is unethical too, dramatically so. Cohen is saying that it is reasonable and ethical to force a trial on a traffic offense when…

  • The driver admitted the offense to the police officer…
  • …in front of his children…
  • …in order to challenge the veracity of the officer, who took his admission in good faith…
  • ….requiring the officer to appear in court, taking him away from community law enforcement duties…
  • …taking up court time, using taxpayer-funded personnel, that should be devoted to cases where the facts are genuinely in dispute…
  • …with the objective of avoiding the payment of a just fine to the government, where it would be used for community purposes, in order to transfer money instead to the pocket of, not just a lawyer, but the unethical species of lawyer who is willing to take unconscionable cases…
  • …thus teaching the driver’s children, if the driver prevails, that the objective in life is use the system to avoid accountability, even when you deserve to be punished, and..
  • …that respect for the law is less important than avoiding a thoroughly earned fine, and
  • …that speeding is all right if you can get away with it, thus…
  • …increasing the likelihood that the children themselves will regard excessive speed this way when they become drivers, and also increasing the chances that their driving habits will cause harm to themselves or others.

I have  read “The Ethicist” for years, I have learned that Randy Cohen has unseemly problems with honesty, a reflex prejudice against law enforcement, and shocking and brazen cluelessness on matters of legal ethics and the exercise of legal rights. Bruce Pelligrino managed to ask a question that involved all of them, and the result was one of the most indefensible answers I’ve seen from Cohen yet.

Ethics Notes on a Busy Week

  • Sen. John McCain, who had well-earned credibility on military matters,  released a statement after the State of the Union address saying that “it would be a mistake” to repeal “Don’t ask, don’t tell” as President Obama pledged, and added…

“This successful policy has been in effect for over 15 years, and it is well understood and predominantly supported by our military at all levels. At a time when our Armed Forces are fighting and sacrificing on the battlefield, now is not the time to abandon the policy.”

John, John, John. You have, in other interviews, stated that you served with many gay soldiers who performed their duties with distinction, so the current policy continues a form of bias and discrimination without any  justification. The fact that it may be “successful” is not sufficient reason to continue a practice that is unethical, unfair, and a violation of the principles of civil rights. Success is no excuse for violating core ethical principles; one of the primary justifications for the U.S. allowing torture, an outright violation of the Declaration of Independence, was that it was “successful,” an argument you properly rejected. Continue reading

“The Ethicist” Strikes Out Again

I’ll make a deal with Randy Cohen,”The Ethicist” of The New York Times Magazine: I’ll stop criticizing his column when he stops justifying dishonesty. Lately, Cohen has not only been advising his correspondents to avoid telling the truth but headlining the questions where he does so.

Lie proud, Randy!

This week’s endorsement of forked tongues surrounded the sensitive issue of designating a guardian for one’s child. Parents had asked their good friends, another married couple, if they would agree to care for their daughter in the event that the parents perished while she was a child. After the couple enthusiastically agreed, the parents learned that their friends were not sufficiently responsible with their finances, and liked to “live large.” They no longer trust the couple with their daughter’s welfare, and want to re-assign the responsibility of being emergency guardians to relatives. This will require the parents to change their wills.

Their question to “The Ethicist”: Do they have to tell their friends? Continue reading

“The Ethicist” Jumps the Rails!

An ethical dilemma is a situation that requires us to choose between an ethical course and one that fulfills a non-ethical want or need, like getting a promotion, winning the love of our soul-mate, or improving our financial status. Choosing the ethical option often has negative consequences, but it is still the ethical option. Thus it is more than a little disheartening to read the advice columnist who calls himself “The Ethicist” supporting the unethical option—the one that rejects an ethical value in favor of self-interest. Continue reading

Farewell to the NY Times’ Ethics Blog

Well, the New York Times has spoken: it apparently doesn’t think ethics commentary blogs are worth the trouble: it quietly deep-sixed Randy Cohen’s “The Moral of the Story” blog less than a year after launching it. Continue reading

Sending the Shoppers to Gimbel’s

In  the spirit of the fast approaching holiday season, to emulate one of the most famous ethical gestures in movie history—in “Miracle on 34th Street,” when Kris Kringle, working as a Macy’s Santa, sends a shopper to Macy’s arch rival because it has a gift in stock—but mostly because I’m traveling on business this morning and won’t be able to post any thing until late today, allow me to recommend “The Ethicist” Randy Cohen’s current blog posts, and his readers’ responses, about the obligation to vote. I’m 100% with Randy on this one, and I owe him this to help balance my criticism of his column in the past…and undoubtedly, the future.

And we’ll see how long it takes him to send his readers to Ethics Alarms.