Welcome to the Nexus of Ethics, Psychology, Morality, Philosophy and Health Care

Welcome to the nexus of ethics, psychology, morality, technology, health care, and philosophy
Showing posts with label Criminal Behavior. Show all posts
Showing posts with label Criminal Behavior. Show all posts

Monday, June 13, 2022

San Diego doctor who smuggled hydroxychloroquine into US, sold medication as a COVID-19 cure sentenced

Hope Sloop
KSWB-TV San Diego
Originally posted 29 MAY 22

A San Diego doctor was sentenced Friday to 30 days of custody and one year of house arrest for attempting to smuggle hydroxychloroquine into the U.S. and sell COVID-19 "treatment kits" at the beginning of the pandemic.  

According to officials with the U.S. Department of Justice, Jennings Ryan Staley attempted to sell what he described as a "medical cure" for the coronavirus, which was really hydroxychloroquine powder that the physician had imported in from China by mislabeling the shipping container as "yam extract." Staley had attempted to replicate this process with another seller at one point, as well, but the importer told the San Diego doctor that they "must do it legally." 

Following the arrival of his shipment of the hydroxychloroquine powder, Staley solicited investors to help fund his operation to sell the filled capsules as a "medical cure" for COVID-19. The SoCal doctor told potential investors that he could triple their money within 90 days.  

Staley also told investigators via his plea agreement that he had written false prescriptions for hydroxychloroquine, using his associate's name and personal details without the employee's consent or knowledge.  

During an undercover operation, an agent purchased six of Staley's "treatment kits" for $4,000 and, during a recorded phone call, the doctor bragged about the efficacy of the kits and said, "I got the last tank of . . . hydroxychloroquine, smuggled out of China."  

Wednesday, June 2, 2021

The clockwork universe: is free will an illusion?

Oliver Burkeman
The Guardian
Originally posted 27 APR 21

Here is an excerpt:

And Saul Smilansky, a professor of philosophy at the University of Haifa in Israel, who believes the popular notion of free will is a mistake, told me that if a graduate student who was prone to depression sought to study the subject with him, he would try to dissuade them. “Look, I’m naturally a buoyant person,” he said. “I have the mentality of a village idiot: it’s easy to make me happy. Nevertheless, the free will problem is really depressing if you take it seriously. It hasn’t made me happy, and in retrospect, if I were at graduate school again, maybe a different topic would have been preferable.”

Smilansky is an advocate of what he calls “illusionism”, the idea that although free will as conventionally defined is unreal, it’s crucial people go on believing otherwise – from which it follows that an article like this one might be actively dangerous. (Twenty years ago, he said, he might have refused to speak to me, but these days free will scepticism was so widely discussed that “the horse has left the barn”.) “On the deepest level, if people really understood what’s going on – and I don’t think I’ve fully internalised the implications myself, even after all these years – it’s just too frightening and difficult,” Smilansky said. “For anyone who’s morally and emotionally deep, it’s really depressing and destructive. It would really threaten our sense of self, our sense of personal value. The truth is just too awful here.”

(cut)

By far the most unsettling implication of the case against free will, for most who encounter it, is what is seems to say about morality: that nobody, ever, truly deserves reward or punishment for what they do, because what they do is the result of blind deterministic forces (plus maybe a little quantum randomness).  "For the free will sceptic," writes Gregg Caruso in his new book Just Deserts, a collection of dialogues with fellow philosopher Daniel Dennett, "it is never fair to treat anyone as morally responsible." Were we to accept the full implications of that idea, the way we treat each other - and especially the way we treat criminals - might change beyond recognition.

Sunday, December 27, 2020

Do criminals freely decide to commit offences? How the courts decide?

J. Kennett & A. McCay
The Conversation
Originally published 15 OCT 20

Here is an excerpt:

Expert witnesses were reportedly divided on whether Gargasoulas had the capacity to properly participate in his trial, despite suffering from paranoid schizophrenia and delusions.

A psychiatrist for the defence said Gargasoulas’ delusional belief system “overwhelms him”; the psychiatrist expressed concern Gargasoulas was using the court process as a platform to voice his belief he is the messiah.

A second forensic psychiatrist agreed Gargasoulas was “not able to rationally enter a plea”.

However, a psychologist for the prosecution assessed him as fit and the prosecution argued there was evidence from recorded phone calls that he was capable of rational thought.

Notwithstanding the opinion of the majority of expert witnesses, the jury found Gargasoulas was fit to stand trial, and later he was convicted and sentenced to life imprisonment.

Working from media reports, it is difficult to be sure precisely what happened in court, and we cannot know why the jury favoured the evidence suggesting he was fit to stand trial. However, it is interesting to consider whether research into the psychology of blame and punishment can shed any light on their decision.

Questions of consequence

Some psychologists argue judgements of blame are not always based on a balanced assessment of free will or rational control, as the law presumes. Sometimes we decide how much control or freedom a person possessed based upon our automatic negative responses to harmful consequences.

As the psychologist Mark Alicke says:
we simply don’t want to excuse people who do horrible things, regardless of how disordered their cognitive states may be.
When a person has done something very bad, we are motivated to look for evidence that supports blaming them and to downplay evidence that might excuse them by showing that they lacked free will.

Monday, July 1, 2019

House Panel Subpoenas Kellyanne Conway over ‘Egregious’ Ethics Violations

Jack Crowe
The National Review
Originally posted June 26, 2019


Here is an excerpt:

Henry J. Kerner, the special counsel, whose role is unrelated to Robert Mueller’s investigation, argued in his Wednesday testimony that Conway’s repeated violations of the Hatch Act — which stem from her endorsement of Republican congressional candidates during television interviews and on Twitter — created an “unprecedented challenge” to his office’s ability to enforce federal law.

Conway has dismissed the accusations of ethics violations as an unprecedented and politically motivated attack on the administration.

“If you’re trying to silence me through the Hatch Act, it’s not going to work,” Conway said when asked about her alleged violations during a May interview, adding “let me know when the jail sentence starts.”

Kerner, in his letter to the president and in his testimony, argued that Conway’s refusal to accept responsibility created a dangerous precedent and was further reason to dismiss her.

Conway’s repeated violations, “combined with her unrepentant attitude, are unacceptable from any federal employee, let alone one in such a prominent position,” Kerner testified.

Representative Elijah Cummings (D., Md.), who chairs the Committee, said he is prepared to hold Conway in contempt if she defies the subpoena.

The info is here.

Sunday, May 27, 2018

​The Ethics of Neuroscience - A Different Lens



New technologies are allowing us to have control over the human brain like never before. As we push the possibilities we must ask ourselves, what is neuroscience today and how far is too far?

The world’s best neurosurgeons can now provide treatments for things that were previously untreatable, such as Parkinson’s and clinical depression. Many patients are cured, while others develop side effects such as erratic behaviour and changes in their personality. 

Not only do we have greater understanding of clinical psychology, forensic psychology and criminal psychology, we also have more control. Professional athletes and gamers are now using this technology – some of it untested – to improve performance. However, with these amazing possibilities come great ethical concerns.

This manipulation of the brain has far-reaching effects, impacting the law, marketing, health industries and beyond. We need to investigate the capabilities of neuroscience and ask the ethical questions that will determine how far we can push the science of mind and behaviour.

Monday, February 12, 2018

Prison for psychologist had sex with patients

Perrin Stein
Gillette News Record
Originally published January 12, 2018

It was standing room only in the courtroom as dozens of people gathered Thursday afternoon to see a former Gillette psychologist sentenced to prison for sexually assaulting two patients.

“During my brief time as a therapist, I did more harm than good and acted in ways that will reverberate in these women’s lives for years to come,” Joshua Popkin, 33, said before being taken into custody to serve two consecutive three- to five-year prison sentences for two counts of second-degree sexual assault.

Popkin met the two patients while interning at Campbell County Health in 2015.

One of the patients was seeking treatment for mental health issues related to a previous rape by an assailant elsewhere, according to court documents. After treating her at CCH, he saw her at his private practice, where he made increasingly sexual advances toward her. In June 2016, he had forced sex with her, according to court documents.

The article is here.

Monday, January 15, 2018

Lesion network localization of criminal behavior

R. Ryan Darby Andreas Horn, Fiery Cushman, and Michael D. Fox
The Proceedings of the National Academy of Sciences

Abstract

Following brain lesions, previously normal patients sometimes exhibit criminal behavior. Although rare, these cases can lend unique insight into the neurobiological substrate of criminality. Here we present a systematic mapping of lesions with known temporal association to criminal behavior, identifying 17 lesion cases. The lesion sites were spatially heterogeneous, including the medial prefrontal cortex, orbitofrontal cortex, and different locations within the bilateral temporal lobes. No single brain region was damaged in all cases. Because lesion-induced symptoms can come from sites connected to the lesion location and not just the lesion location itself, we also identified brain regions functionally connected to each lesion location. This technique, termed lesion network mapping, has recently identified regions involved in symptom generation across a variety of lesion-induced disorders. All lesions were functionally connected to the same network of brain regions. This criminality-associated connectivity pattern was unique compared with lesions causing four other neuropsychiatric syndromes. This network includes regions involved in morality, value-based decision making, and theory of mind, but not regions involved in cognitive control or empathy. Finally, we replicated our results in a separate cohort of 23 cases in which a temporal relationship between brain lesions and criminal behavior was implied but not definitive. Our results suggest that lesions in criminals occur in different brain locations but localize to a unique resting state network, providing insight into the neurobiology of criminal behavior.

Significance

Cases like that of Charles Whitman, who murdered 16 people after growth of a brain tumor, have sparked debate about why some brain lesions, but not others, might lead to criminal behavior. Here we systematically characterize such lesions and compare them with lesions that cause other symptoms. We find that lesions in multiple different brain areas are associated with criminal behavior. However, these lesions all fall within a unique functionally connected brain network involved in moral decision making. Furthermore, connectivity to competing brain networks predicts the abnormal moral decisions observed in these patients. These results provide insight into why some brain lesions, but not others, might predispose to criminal behavior, with potential neuroscience, medical, and legal implications.

The article is here.

Friday, March 10, 2017

Why genetic testing for genes for criminality is morally required

Julian Savulescu
Princeton Journal of Bioethics [2001, 4:79-97]

Abstract

This paper argues for a Principle of Procreative Beneficence, that couples (or single reproducers) should select the child, of the possible children they could have, who is expected to have the best life, or at least as good a life as the others. If there are a number of different variants of a given gene, then we have most reason to select embryos which have those variants which are associated with the best lives, that is, those lives with the highest levels of well-being. It is possible that in the future some genes are identified which make it more likely that a person will engage in criminal behaviour. If that criminal behaviour makes that person's life go worse (as it plausibly would), and if those genes do not have other good effects in terms of promoting well-being, then we have a strong reason to encourage couples to test their embryos with the most favourable genetic profile. This paper was derived from a talk given as a part of the Decamp Seminar Series at the Princeton University Center for Human Values, October 4, 2000.

The article is here.

Thursday, January 12, 2017

The Psychology of White-Collar Criminals

Eugene Soltes
The Atlantic
Originally posted December 14, 2016

Here is an excerpt:

Usually, a gut feeling that something will be harmful is enough of a deterrence. But when the harm is distant or abstract, this internal alarm doesn’t always go off. This absence of intuition about the harm creates a particular challenge for executives. Today, managerial decisions impact ever-greater numbers of people and the distance between executives and the people their decisions affect continues to grow. In fact, many of the people most harmed or helped by executives’ decisions are those they will never identify or meet. In this less intimate world, age-old intuitions are not always well suited to sense the kinds of potential harms that people can cause in the business world.

Reflecting on these limits to human intuition, I came to a conclusion that I found humbling. Most people like to think that they have the right values to make it through difficult times without falling prey to the same failures as the convicted executives I got to know. But those who believe they would face the same situations with their current values and viewpoints tend to underestimate the influence of the pressures, cultures, and norms that surround executive decision making. Perhaps a little humility is in order, given that people seem to have some difficulty predicting how they’d act in that environment. “What we all think is, ‘When the big moral challenge comes, I will rise to the occasion,’ [but] there’s not actually that many of us that will actually rise to the occasion,” as one former CFO put it. “I didn’t realize I would be a felon.”

The article is here.

Saturday, July 30, 2016

Sexual abuse by doctors sometimes goes unpunished

Associated Press
Originally published July 6, 2016

Sexual abuse by doctors against patients is surprisingly widespread, yet the fragmented medical oversight system shrouds offenders' actions in secrecy and allows many to continue to treat patients, an investigation by The Atlanta Journal-Constitution has found.

The AJC obtained and analyzed more than 100,000 disciplinary orders against doctors since 1999. Among those, the newspaper identified more than 3,100 doctors sanctioned after being accused of sexual misconduct. More than 2,400 of the doctors had violations involving patients. Of those, half still have active medical licenses today, the newspaper found.

These cases represent only a fraction of incidences in which doctors have been accused of sexually abusing patients. Many remain obscured, the newspaper said, because state regulators and hospitals sometimes handle sexual misconduct cases in secret. Also, some public records are so vaguely worded that patients would not be aware that a sexual offense occurred.

The article is here.

Tuesday, June 21, 2016

Keep a List of Unethical Things You’ll Never Do

Mark Chussil
Harvard Business Review
Originally posted May 30, 2016

Here is an excerpt:

In a recent class we talked about less-than-virtu­ous actions we’ve seen in business. Fraudulent ac­counting that wiped out jobs and investors. Efficient operations that inflict misery on food animals. Shortcuts and cover-ups that cost people their lives. It’s easy to create a long list and it’s hard not to be depressed by it.

I asked my students: who, among you, aspires to take such actions? They were appalled, of course. Then I mentioned that the real-life people who actually took those actions were once just like them. They were young; they were eager; they wanted to do fine things. And yet.

The room was very quiet.

The article is here.

Sunday, May 29, 2016

Corruption? Here? Bill would require ethics training for N.J. elected officials

By S. P. Sullivan
NJ.com
Originally posted May 9, 2016

In an effort to stem public corruption scandals, the state Senate on Monday unanimously passed a bill that would require all New Jersey elected officials undergo ethics training as soon as they're elected.

The bill (S84) mandates elected officials take the training within six months of their first term. Officials who skip out on the ethics education would face a $5,000 fine.

Sponsors of the legislation point to investigations by the state Comptroller's Office, which over the years has detailed many examples of public corruption, as evidence that the training is needed.

The article is here.

Monday, August 17, 2015

Hormones and Ethics: Understanding the Biological Basis of Unethical Conduct.

Lee, Jooa Julie, Francesca Gino, Ellie Shuo Jin, Leslie K. Rice, and Robert A. Josephs.
Journal of Experimental Psychology: General (in press).

Abstract


Globally, fraud has been rising sharply over the last decade, with current estimates placing financial losses at greater than $3.7 trillion dollars annually. Unfortunately, fraud prevention has been stymied by lack of a clear and comprehensive understanding of its underlying causes and mechanisms. In this paper, we focus on an important but neglected topic—the biological antecedents and consequences of unethical conduct—using salivary collection of hormones (testosterone and cortisol). We hypothesized that pre-performance cortisol would interact with pre-performance levels of testosterone to regulate cheating behavior in two studies. Further, based on the previously untested cheating-as-stress-reduction hypothesis, we predicted a dose-response relationship between cheating and reductions in cortisol and negative affect. Taken together, this research marks the first foray into the possibility that endocrine system activity plays an important role in the regulation of unethical behavior.

The entire article is here.

Tuesday, August 11, 2015

Free Will Skepticism and Criminal Behavior: A Public Health-Quarantine Model

Gregg D. Caruso
[Draft 6/11/2015]
[Cite final version: Southwest Philosophy Review 2016, 32 (1)]

One of the most frequently voiced criticisms of free will skepticism is that it is unable to
adequately deal with criminal behavior and that the responses it would permit as justified are
insufficient for acceptable social policy. This concern is fueled by two factors. The first is that
one of the most prominent justifications for punishing criminals, retributivism, is incompatible
with free will skepticism. The second concern is that alternative justifications that are not ruled
out by the skeptical view per se face significant independent moral objections (Pereboom 2014,
153). Yet despite these concerns, I maintain that free will skepticism leaves intact other ways to
respond to criminal behavior—in particular preventive detention, rehabilitation, and alteration of
relevant social conditions—and that these methods are both morally justifiable and sufficient for
good social policy. The position I defend is similar to Derk Pereboom’s (2001, 2013, 2014),
taking as its starting point his quarantine analogy, but it sets out to develop the quarantine model
within a broader justificatory framework drawn from public health ethics. The resulting model—
which I call the public health-quarantine model—provides a framework for justifying quarantine
and criminal sanctions that is more humane than retributivism and preferable to other nonretributive
alternatives. It also provides a broader approach to criminal behavior than Pereboom’s
quarantine analogy does on its own.

The entire paper is here.

Saturday, August 30, 2014

Free Will & Moral Responsibility in a Secular Society

By Michael Shermer
TAM 2014
Originally posted August 10, 2014

Michael Shermer, PhD presents theory and research on understanding the concepts of free will, moral responsibility and agency in current American society.  He draws from neuroscience, social psychology, and comparative psychology to develop ideas about how moral emotions play a part in understanding moral responsibility and culpability.

 

Tuesday, August 26, 2014

Ethics and the Brains of Psychopaths

The Significance of Psychopaths for Ethical and Legal Reasoning

William Hirstein and Katrina Sifferd
Elmhurst College

Abstract

The emerging neuroscience of psychopathy will have several important implications for our attempts to construct an ethical society. In this article we begin by describing the list of criteria by which psychopaths are diagnosed. We then review four competing neuropsychological theories of psychopathic cognition.  The first of these models, Newman‘s attentional model, locates the problem in a special type of attentional narrowing that psychopaths have shown in experiments. The second and third, Blair‘s amygdala model and Kiehl‘s paralimbic model represent the psychopath‘s problem as primarily emotional , including reduced tendency to experience fear in normally fearful situations, and a failure to attach the proper significance to the emotions of others. The fourth model locates the problem at a higher level: a failure of  psychopaths to notice and correct for their attentional or emotional problems using ―executive processes.  In normal humans, decisions are accomplished via these executive processes, which are responsible for planning actions, or inhibiting unwise actions, as well as allowing emotions to influence cognition in the proper way. We review the current state of knowledge of the executive capacities of psychopaths. We then evaluate psychopaths in light of the three major  philosophical theories of ethics, utilitarianism, deontological theory, and virtue ethics. Finally,we turn to the difficulty psychopath offenders pose to criminal law, because of the way psychopathy interacts with the various justifications and functions of punishment. We concludewith a brief consideration of the effects of psychopaths on contemporary social structures.

The entire article is here.

Thursday, May 29, 2014

Enforcing Morality through Criminal Law (Part One)

By John Danaher
Philosophical Disquisitions
Originally posted May 10, 2014

What kinds of conduct ought to be criminalised? According to a position known as legal moralism, the criminal law ought only to prohibit immoral/wrongful conduct. That is to say: a necessary condition for the criminalisation of any conduct is that the conduct be immoral.

Legal moralism does not state a sufficient condition for criminalisation. It just limits the possible scope of criminal law to the set of immoral conduct. Follow up questions must be asked of the moralist. Which members of that set are most apt for criminalisation? What kinds of factors speak against the criminalisation of immoral conduct? Only when those questions are will we be able to tell whether a particular type of conduct ought to be criminalised.

The entire blog post is here.

Saturday, May 17, 2014

U.S. Should Significantly Reduce Rate of Incarceration

Unprecedented Rise in Prison Population ‘Not Serving the Country Well,’ Says New Report

Press Release from the National Academy of Sciences
Released April 30, 2014

Given the minimal impact of long prison sentences on crime prevention and the negative social consequences and burdensome financial costs of U.S. incarceration rates, which have more than quadrupled in the last four decades, the nation should revise current criminal justice policies to significantly reduce imprisonment rates, says a new report from the National Research Council.

A comprehensive review of data led the committee that wrote the report to conclude that the costs of the current rate of incarceration outweigh the benefits.  The committee recommended that federal and state policymakers re-examine policies requiring mandatory and long sentences, as well as take steps to improve prison conditions and to reduce unnecessary harm to the families and communities of those incarcerated.  In addition, it recommended a reconsideration of drug crime policy, given the apparently low effectiveness of a heightened enforcement strategy that resulted in a tenfold increase in the incarceration rate for drug offenses from 1980 to 2010 — twice the rate for other crimes.

“We are concerned that the United States is past the point where the number of people in prison can be justified by social benefits,” said committee chair Jeremy Travis, president of John Jay College of Criminal Justice in New York City.  “We need to embark on a national conversation to rethink the role of prison in society.  A criminal justice system that makes less use of incarceration can better achieve its aims than a harsher, more punitive system. There are common-sense, practical steps we can take to move in this direction.”

The rest of the press release is here.

Friday, January 10, 2014

America Has an Incest Problem

By Mia Fontaine
The Atlantic
Originally posted January 24, 2013

Here is an excerpt:

Here are some statistics that should be familiar to us all, but aren't, either because they're too mind-boggling to be absorbed easily, or because they're not publicized enough. One in three-to-four girls, and one in five-to-seven boys are sexually abused before they turn 18, an overwhelming incidence of which happens within the family. These statistics are well known among industry professionals, who are often quick to add, "and this is a notoriously underreported crime."

Incest is a subject that makes people recoil. The word alone causes many to squirm, and it's telling that of all of the individual and groups of perpetrators who've made national headlines to date, virtually none have been related to their victims. They've been trusted or fatherly figures (some in a more literal sense than others) from institutions close to home, but not actual fathers, step-fathers, uncles, grandfathers, brothers, or cousins (or mothers and female relatives, for that matter). While all abuse is traumatizing, people outside of a child's home and family—the Sanduskys, the teachers and the priests—account for far fewer cases of child sexual abuse.

The entire article is here.

Saturday, December 28, 2013

Why Do Some Falsely Claim to Be Victims?

By Benjamin Radford
Discovery News
Originally published December 5, 2013

Here is an excerpt:

There are several factors that help hoaxers get away with their false reports. One of them is that victims are given special status based on the simple — and usually true — assumption that they actually have been victimized. Most people who report insults and crimes against them are telling the truth. The vast majority of physical and sexual assaults, property crimes, auto thefts and so on are real and legitimate. Hoaxers exploit this fact by hiding their faked reports in a sea of genuine ones.

Until the public and police become suspicious, hoaxers are given the benefit of the doubt, attention and assistance and treated with sympathy.

Hoaxers also often gain credibility through real or claimed membership in an oppressed or respected group. Our culture bestows respect and credibility on certain groups, such as mothers, members of the military, professionals, some minorities including the gay community, the elderly, clergy and others.

In many cases the claims themselves are often lacking significant details. They are plausible enough to be taken seriously by supporters and the public, but when police and experienced investigators examine their story, parts don’t add up.

The entire story is here.