Now that the required joke is out of the way, I can more soberly state that the New York conviction of psychic Sylvia Mitchell for larceny and fraud opens up a welter of ethical, legal and religious issues. Law prof-blogger Ann Althouse is troubled by the result, writing,
“In my book, this is entertainment and unconventional psychological therapy. Let the buyer beware. Who’s dumb enough to actually believe this? Should the government endeavor to protect everyone who succumbs to the temptation to blow a few bucks on a fortune teller?”
Clearly not, and that’s where courts and states generally land in this matter, as in the case I wrote on three years ago, Nefredo v. Montgomery County. There the courts ruled (in Maryland) that it was an infringement of free speech for Maryland to ban what is, for most, just an exercise in supernatural entertainment. But the New York case involved a little bit more than that: Mitchell apparently bilked some clients out of significant amounts, getting $27,000 from one in an “exercise in letting go of money,” $18,000 from another to put in a jar as a way to relieve herself of “negative energy,” and thousands from other clients to purchase “supplies” for various rituals—what does the eye of a newt go for these days?
Admittedly this seems to cross the line from harmless, if stupid, entertainment into preying on the stupid and gullible, but that doesn’t convince Althouse that the conviction, or the prosecution is a legitimate use of government power. She reminds us about the Supreme Court case of U.S. v. Ballard, in which the Court upheld the conviction of a faith healer for fraud. The SCOTUS majority, headed by William O. Douglas, held that if the faith healer didn’t believe in her claimed powers, then she was a fraud, and thus could be prosecuted under the Constitution if she used a claim of false powers to take money from her clients. In a sharp and thought-provoking dissent, Justice Robert Jackson wrote in part… Continue reading
Red John's bloody calling-card will be found at serial killing scenes no more.
Tonight marked the season finale of “The Mentalist” on CBS, and by happy coincidence, Bruno Heller’s odd-ball murder mystery drama ended with its hero, Patrick Jane (played with brio by the excellent Simon Baker) executing his nemesis, the serial killer “Red John,” in a crowded food court…a Osama bin Laden style killing that, like the death of the Al Qaida mastermind, was both technically illegal and completely ethical.
Red John, for those of you who do not follow “The Mentalist,” is the self-chosen monicker of a brilliant maniac with financial resources, who slaughtered California Bureau of Investigation consultant Jane’s family as well as untold others. Jane has spent the three years of the series in an Ahab-like quest for revenge, wittily solving other murders along the way. In the final episode, Red John plotted the death of Jane’s boss and maybe love interest, Theresa Lisbon, played by Robin Tunney. Red John’s henchman managed to kill two officers and wound Lisbon before he was foiled, leading to a dramatic confrontation between the serial killer himself and the hero. Continue reading
Don't be skeptical! Dr. Oz says it's real.
When Summerlin Hospital had to step in to prevent first-time parents from endangering their infant by using “natural medicine” to treat their sick newborn, it may have been fighting the influence of Dr. Mehmet Oz, Oprah Winfrey’s health-care guru.
The popular “Dr. Oz” is a walking TV and book franchise, a Harvard-educated cardiovascular surgeon who has emerged as the nation’s most persuasive and trusted advocate for unconventional health care, or as Dr. Wallace Sampson, former chairman of the National Council Against Health Fraud, calls it,”faith healing for the masses.” He has testified before a Senate panel to condemn the mainstream medical profession’s failure to embrace “the natural healing power of our bodies,” and its hostility to “hypnotherapists, massage therapists, spiritual healers.” Dr. Oz has, shall we say, an open mind.
In his expose of the popular health talk show host, “Shamblog” writer Steve Salermo wrote in the New York Daily News, Continue reading
Considering absurd hypotheticals can still be valuable. Consider this ridiculous question from a site with the tautological title, “Astrology or Superstition?” :
“Would it be unethical to use astrology to gain advantage over someone in the work environment?”
Obviously not, because astrology is a crock. But if it were not a crock, what would the answer to this question be? Continue reading