torture

Ethics Dunce: The ACLU

/ Jack Marshall / 39 Comments

I suppose they just can’t help themselves, sometimes.

So handsome…and so foolish to mess up with partisan politics.

I support the American Civil Liberties Union because of its mission, and because it is on the correct side of issues more often than not. Still, it is stocked with left-wing ideologues, and too often is blatantly political, which damages its reputation, perceived integrity and effectiveness. Every American should be a supporter of a non-profit organization that stands for individual rights and freedoms as defined by the Constitution. Once such a group aligns itself clearly with one side of the political spectrum, however, this is impossible. At very least, the organization should refrain from partisan political attacks, which raises questions of conflict of interest, fairness, and independent judgment. The ACLU is too important to sully with political bias, but since it is run by people full of it, such taint is inevitable.*

Thus we have the embarrassing “report” by ACLU Liberty Watch. I can’t tell what the affiliation with the ACLU is; I assume that the ACLU approves and oversees an entity that leads with its name. This report attacks Mitt Romney’s running mate, Rep. Paul Ryan, as being “anti-civil liberties,” using the most dubious and extreme rationales to do so. My instant reaction: How can I trust an organization that proudly publishes such slanted trash with such obvious partisan intent to be a dispassionate watchdog on my civil liberties?

The answer: I can’t. Neither can you. Continue reading →

From Massachusetts: Proof That It CAN Happen Here…and Does; That It CAN Happen To You…and Might.

/ Jack Marshall / 12 Comments

Tortured. At his Special Needs school. By good people like us.

As I recently wrote to a commenter on another post, Ethics Alarms is not intended to catalogue every prominent example of unethical conduct, and not just because attempting to do so would require a fleet of bloggers. If it is discussed here, an incident usually requires some kind of ethical analysis to determine whether it is ethical or not, or has larger cultural or societal significance. That the incident at the center of this post was unethical (as well as illegal), there can be no doubt, and that, ironically, is why it is worthy of special attention. The conduct is self-evidently horrific and beyond justification, and yet it occurred anyway, in a community, state and nation where virtually every sentient citizen over the age of nine would say that it could never happen—not here, not in the United States of America, not in the land of the free and the home of the brave. The fact that it did happen is both a revelation and a warning.

Film footage under seal since 2002 was finally shown in a Massachusetts courtroom this week. The film shows how the staff of a school for special needs students in Canton, Mass., the Judge Rotenberg Center, strapped a disabled 18-year-old student named Andre McCollins to a table and proceeded to torture him, administering 31 jolts of electricity to the screaming boy over a seven hour period. Lawyers defending the school in a lawsuit have claimed that the atrocity was “treatment,” but other evidence indicates that it was punishment—for  McCollins’ defiance of a teacher’s demands that he remove his jacket in class. Continue reading →

Post-South Carolina Confession

/ Jack Marshall / 2 Comments

Sunday morning, I am duty bound to play roulette with the talking head shows on the networks, watch “Reliable Sources,” Howard Kurtz’s weekly journalism ethics critique on CNN, and scour the Washington Post, all in search of contentious or interesting ethics topics.

But rather than listen to endless rehashes of the South Carolina Republican primary, endure Newt Gingrich’s gloating, and again hear so-called experts repetitively apply their imaginary expertise to musings about what will happen in the next primary, Florida—-last week’s consensus: Romney had South Carolina wrapped up– I am watching “MVP: Most Valuable Primate” on Encore Family. It’s about a hockey-playing chimp (named Jack, appropriately enough).

It’s not bad.

Screw it. A man can only take so much.

Comment the Day: “Exposing America’s Dungeons…”

/ Jack Marshall / 1 Comment

Maybe Tom Cruise knows how they stored the prisoners in "Minority Report"---that seemed to be a quiet and pleasent prison environment...

Dwayne N. Zechman makes trenchant observations and raises difficult questions in his comment to the post, “Exposing America’s Dungeons: The New York City Bar Report on Supermax Prisons.” The report to some extent answers Dwayne’s primary point by stating that the need for special high-security prisons to prevent violence to inmates and guards cannot justify an unconstitutional solution. If the conditions in the supermax prisons are as described in the report, there can be no doubt that it violates the prohibition against “cruel and unusual punishment.” That is an absolutist position like the prohibition against torture: ethically, arguing that “it works” or “there’s no other way” or “oh yeah? What would YOU do?” won’t and cannot prevail…unless we conclude that when we have to choose the lesser of two evils, forcing violent and otherwise uncontrollable criminals to live in dungeon-like condition is preferable to having them kill people might be the winner. Continue reading →

Exposing America’s Dungeons: The New York City Bar Report on Supermax Prisons

/ Jack Marshall / 15 Comments

“…The overriding rationale for supermax confinement is to impose order  and maintain safety in the prison environment.  The unmitigated suffering caused by supermax confinement, however, cannot be justified by the argument that it is an effective means to deal with difficult prisoners. The issue, we believe, is not whether supermax achieves its purposes or is effective at controlling and punishing unruly inmates.
Instead, the question is whether the vast archipelago of American supermax facilities, in which some prisoners are kept isolated indefinitely for years, should be tolerated as consistent with fundamental principles of justice. Even prisoners who have committed horrific crimes and atrocities possess basic rights to humane treatment under national and international law. Although the Constitution “does not mandate comfortable prisons,” it does require humane prisons that comport with the Eighth Amendment’s prohibition against punishments that are “incompatible with ‘the evolving standards of decency that mark the progress of a maturing society” or which “involve the unnecessary and wanton infliction of pain.” More recently, the Supreme Court stated that “[p]risoners retain the essence of human dignity inherent in all persons. Respect for that dignity animates the Eighth Amendment prohibition against cruel and unusual punishment.”

“Supermax confinement as extensively implemented in the United States falls short of this standard and must be substantially reformed.”

—-The New York City Bar in its just-released report on “supermax” prisons in the United States.  The report declares supermax imprisonment, which currently holds 80,000 prisoners, to be the equivilent of torture and a violation of international human rights standards.

The report is harrowing, horrifying, and a source of shame for all Americans. The lack of concern by the public and its elected representatives in maintaining humane conditions in our prisons is understandable but inexcusable nonetheless. The New York City Bar has performed  a great service by issuing the report; it is up to us to insist that it is acted upon without delay. The United States of America should not be operating dungeons.

You can, and must, read it here.

White House Mendacity on Libya

/ Jack Marshall / 7 Comments

The White House says this isn't "hostilities." Right.

I detest it when Presidents and their administration play self-evident language games to assert intellectually dishonest positions, whether it is Bill Clinton’s minions claiming blow-jobs aren’t “sex with that woman,” or Dick Cheney arguing that torturing prisoners by water-boarding technically isn’t torture.  Such deceit and mendacity by the representative of the Chief Executive or the President himself vastly increases public cynicism about our government and diminishes our democracy’s most precious and endangered asset, trust.

The Obama administration, despite its leader’s stirring words in the 2008 campaign, has already shown itself capable of outrageous misrepresentations, as when it reported “jobs saved” by the stimulus package using fictional Congressional districts and counting single jobs as multiple jobs “saved.” So we shouldn’t be surprise, only nauseated, when it tells Congress, as it did this week, that U.S. participation in the Libyan uprising doesn’t fall under War Powers Resolution. Continue reading →

“Grow Your Own Marrow Donor” Ethics and Consequentialism: The Ayala Family Saga

/ Jack Marshall / 24 Comments

Anissa Ayala and her custom-made bone marrow donor

Once again, the fans of that ethically corrosive twin of  “the ends justifies the means,” consequentialism, were holding court in the mass media, as the “Today Show” revisited a two-decade old ethical outrage to declare that it was all perfectly fine after all…because it worked.

Thus does television, itself dominated by ethically-dim writers, producers and stars, corrupt the public. So here we go again:

Does the fact (if it indeed is a fact) that Osama bin Laden capture and execution was facilitated by torture make torture less ethically wrong?

No.

Do the fortuitous results of any action that was unethical from its inception change the nature of that conduct from unethical to ethical.

Again, no.

Is conceiving a child solely to provide donor bone marrow to her cancer-stricken older sister ethically acceptable as long as the sister’s cancer is cured?

Absolutely not!  But to listen to the “Today Show,” and revoltingly, the “Today Show’s” resident medical correspondent Dr. Nancy Snyderman, it is not only ethically acceptable but laudable. Because it worked.

Twenty years ago, Abe and Mary Ayala were desperate because Anissa, their 16-year-old daughter, had been diagnosed with leukemia. Chemotheraphy proved ineffective, and neither the Ayalas nor their son was a compatible bone marrow donor. The Ayalas had long before decided that two children were enough; Abe had a vasectomy. But then Mary came up with the idea of having another child in the hopes that it would be a bone marrow donor who could save Anissa’s life. Continue reading →

From Hero to Idol: Congratulations, Scotty McCreery!

/ Jack Marshall / 1 Comment

Way back in March, long before the 2011 edition of American Idol had winnowed its hopeful singers down to the final thirteen, 17-year-old Scotty McCreery earned an Ethics Hero here by bravely taking responsibility for the mistreatment of another contestant in the group segment of the audition process at a time when the judges seemed to be in the mood to make someone pay for it. The incident has been forgotten, but it showed Scott to be a young man of unusual integrity and courage. Little did Ethics Alarms realize  that he was also the singer to beat, and nobody beat him. Last night, he was crowned the American Idol.

Fame and fortune changes people, as we all know, and too often for the worse. Still, McCreery’s prospects of holding on to his core values look strong, because his character looks strong, and everyone, whether or not they follow American Idol and whether or not they groove to Scotty’s milieu, Country-Western music, should applaud the entry of a talented and ethical young man into the popular culture.

Congratulations, Scotty. In March we knew you were good; we didn’t know you were this good.

Ethics Hero: Sen. John McCain

/ Jack Marshall / 14 Comments

Arizona Senator John McCain has seriously tarnished his reputation for integrity  since losing the Presidential election in 2008, particularly during his last campaign for re-election to the Senate. The best of McCain was on display this week, however, as he delivered a strong and eloquent denouncement of torture (a.k.a “enhanced interrogation techniques”) on the Senate floor, in response to the ethically offensive arguments being put forth by many conservatives that the successful elimination of Osama bin Laden somehow magically transformed the evil practice of torture into a respectable tactic of national security. It is an important, courageous and persuasive statement from a U.S. Senator with special qualifications to make it, as one who had been tortured himself, and as fine a legacy as McCain, or any Senator, could aspire to.

Sen. McCain said, in part (you can read the entire text of his speech here)…

“Mr. President, the successful end of the ten-year manhunt to bring Osama bin Laden to justice has appropriately heightened the nation’s appreciation for the diligence, patriotism and courage of our armed forces and our intelligence community.  They are a great credit and inspiration to the country that has asked so much of them, and like all Americans, I am in their debt.

“But their success has also reignited debate over whether the so-called, ‘enhanced interrogation techniques’ of enemy prisoners, including waterboarding, were instrumental in locating bin Laden, and whether they are necessary and justifiable means for securing valuable information that might help prevent future terrorist attacks against us and our allies and lead to the capture or killing of those who would perpetrate them.  Or are they, and should they be, prohibited by our conscience and laws as torture or cruel, inhuman and degrading treatment. Continue reading →

No, It Still Doesn’t Justify Torture

/ Jack Marshall / 21 Comments

No.

The news of how Osama bin Laden was finally tracked down and killed has caused a predictable outbreak of consequentialism. It appears that Khalid Sheikh Mohammed provided some of the key intelligence that led to the successful operation in Pakistan while he was undergoing “enhanced interrogation” in CIA prisons in Rumania and Poland. “See?” Dick Cheney’s fans are saying today. “Rendition and torture work. We wouldn’t have killed Bin Laden without them. So what do you think of those tactics now?” The opponents of torture who foolishly argued against it based on pragmatic considerations—“Torture doesn’t work!”—rather than ethical ones–-“It is absolutely wrong!“—set themselves up for this.  Now what should they say? Continue reading →