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 Crimes. Show all posts
Showing posts with label Crimes. Show all posts

Monday, January 20, 2020

Chinese court sentences 'gene-editing' scientist to three years in prison

Huizhong Wu and Lusha Zhan
kfgo.com
Originally posted 29 Dec 19

A Chinese court sentenced the scientist who created the world's first "gene-edited" babies to three years in prison on Monday for illegally practising medicine and violating research regulations, the official Xinhua news agency said.

In November 2018, He Jiankui, then an associate professor at Southern University of Science and Technology in Shenzhen, said he had used gene-editing technology known as CRISPR-Cas9 to change the genes of twin girls to protect them from getting infected with the AIDS virus in the future.

The backlash in China and globally about the ethics of his research and work was fast and widespread.

Xinhua said He and his collaborators forged ethical review materials and recruited men with AIDS who were part of a couple to carry out the gene-editing. His experiments, it said, resulted in two women giving birth to three gene-edited babies.

The court also handed lesser sentences to Zhang Renli and Qin Jinzhou, who worked at two unnamed medical institutions, for having conspired with He in his work.

The info is here.

Tuesday, December 24, 2019

DNA genealogical databases are a gold mine for police, but with few rules and little transparency

Paige St. John
The LA Times
Originally posted 24 Nov 19

Here is an excerpt:

But law enforcement has plunged into this new world with little to no rules or oversight, intense secrecy and by forming unusual alliances with private companies that collect the DNA, often from people interested not in helping close cold cases but learning their ethnic origins and ancestry.

A Times investigation found:
  • There is no uniform approach for when detectives turn to genealogical databases to solve cases. In some departments, they are to be used only as a last resort. Others are putting them at the center of their investigative process. Some, like Orlando, have no policies at all.
  • When DNA services were used, law enforcement generally declined to provide details to the public, including which companies detectives got the match from. The secrecy made it difficult to understand the extent to which privacy was invaded, how many people came under investigation, and what false leads were generated.
  • California prosecutors collaborated with a Texas genealogy company at the outset of what became a $2-million campaign to spotlight the heinous crimes they can solve with consumer DNA. Their goal is to encourage more people to make their DNA available to police matching.
There are growing concerns that the race to use genealogical databases will have serious consequences, from its inherent erosion of privacy to the implications of broadened police power.

In California, an innocent twin was thrown in jail. In Georgia, a mother was deceived into incriminating her son. In Texas, police met search guidelines by classifying a case as sexual assault but after an arrest only filed charges of burglary. And in the county that started the DNA race with the arrest of the Golden State killer suspect, prosecutors have persuaded a judge to treat unsuspecting genetic contributors as “confidential informants” and seal searches so consumers are not scared away from adding their own DNA to the forensic stockpile.

Wednesday, November 27, 2019

Corruption Is Contagious: Dishonesty begets dishonesty, rapidly spreading unethical behavior through a society

Dan Ariely & Ximena Garcia-Rada
Scientific American
September 2019

Here is an excerpt:

This is because social norms—the patterns of behavior that are accepted as normal—impact how people will behave in many situations, including those involving ethical dilemmas. In 1991 psychologists Robert B. Cialdini, Carl A. Kallgren and Raymond R. Reno drew the important distinction between descriptive norms—the perception of what most people do—and injunctive norms—the perception of what most people approve or disapprove of. We argue that both types of norms influence bribery.

Simply put, knowing that others are paying bribes to obtain preferential treatment (a descriptive norm) makes people feel that it is more acceptable to pay a bribe themselves.

Similarly, thinking that others believe that paying a bribe is acceptable (an injunctive norm) will make people feel more comfortable when accepting a bribe request. Bribery becomes normative, affecting people's moral character.

In 2009 Ariely, with behavioral researchers Francesca Gino and Shahar Ayal, published a study showing how powerful social norms can be in shaping dishonest behavior. In two lab studies, they assessed the circumstances in which exposure to others' unethical behavior would change someone's ethical decision-making. Group membership turned out to have a significant effect: When individuals observed an in-group member behaving dishonestly (a student with a T-shirt suggesting he or she was from the same school cheating in a test), they, too, behaved dishonestly. In contrast, when the person behaving dishonestly was an out-group member (a student with a T-shirt from the rival school), observers acted more honestly.

But social norms also vary from culture to culture: What is acceptable in one culture might not be acceptable in another. For example, in some societies giving gifts to clients or public officials demonstrates respect for a business relationship, whereas in other cultures it is considered bribery. Similarly, gifts for individuals in business relationships can be regarded either as lubricants of business negotiations, in the words of behavioral economists Michel André Maréchal and Christian Thöni, or as questionable business practices. And these expectations and rules about what is accepted are learned and reinforced by observation of others in the same group. Thus, in countries where individuals regularly learn that others are paying bribes to obtain preferential treatment, they determine that paying bribes is socially acceptable. Over time the line between ethical and unethical behavior becomes blurry, and dishonesty becomes the “way of doing business.”

The info is here.

Wednesday, October 16, 2019

Birmingham psychologist defrauded state Medicaid of more than $1.5 million, authorities say

Carol Robinson
Sharon Waltz
al.com
Originally published August 15, 2019

A Birmingham psychologist has been charged with defrauding the Alabama Medicaid Agency of more than $1 million by filing false claims for counseling services that were not provided.

Sharon D. Waltz, 50, has agreed to plead guilty to the charge and pay restitution in the amount of $1.5 million, according to a joint announcement Thursday by Northern District of Alabama U.S. Attorney Jay Town, Department of Health and Human Services -Office of Inspector General Special Agent Derrick L. Jackson and Alabama Attorney General Steve Marshall.

“The greed of this defendant deprived mental health care to many at-risk young people in Alabama, with the focus on profit rather than the efficacy of care,” Town said. “The costs are not just monetary but have social and health impacts on the entire Northern District. This prosecution, and this investigation, demonstrates what is possible when federal and state law enforcement agencies work together.”

The info is here.

Monday, September 16, 2019

Sex misconduct claims up 62% against California doctors

Vandana Ravikumar
USAToday.com
Originally posted August 12, 2019

The number of complaints against California physicians for sexual misconduct has risen by 62% since the fall of 2017, according to a Los Angeles Times investigation.

The investigation, published Monday, found that the rise in complaints coincides with the beginning of the #MeToo movement, which encouraged victims of sexual misconduct or assault to speak out about their experiences. Though complaints of sexual misconduct against physicians are small in number, they are among the fastest growing types of allegations.

Recent high-profile incidents of sexual misconduct involving medical professionals were also a catalyst, the Times reported. Those cases include the abuses of Larry Nassar, a former USA Gymnastics doctor who was sentenced in 2018 for 40-175 years in prison for molesting hundreds of young athletes.

That same year, hundreds of women accused former University of Southern California gynecologist George Tyndall of inappropriate behavior. Tyndall, who worked at the university for nearly three decades, was recently charged for sexually assaulting 16 women.

The info is here.

Sunday, September 8, 2019

DC Physician Indicted for Almost $13M in Medicare Fraud

Ken Terry
MedScape.com
Originally posted August 9, 2019

A physician who has a practice in the District of Columbia has been charged with participation in an alleged $12.7 million healthcare fraud scheme that involved submitting false claims to Medicare for complicated procedures that were never performed, according to a Department of Justice (DOJ) news release.

In an indictment filed July 30 in the District of Columbia, physiatrist Frederick Gooding, MD, aged 68, of Wilmington, Delaware, was charged with 11 counts of healthcare fraud. He was arrested on August 1.

According to the indictment, from January 2015 to August 2018, Gooding participated in a healthcare fraud scheme in which he submitted Medicare claims for injections and aspirations that were not medically necessary, not provided, or both.

Gooding allegedly knew that the injections were not provided. To disguise his scheme, he allegedly falsified medical documents to make it appear as if the purported medical services billed to Medicare were medically necessary.

The info  is here.

Thursday, July 18, 2019

The Theory That Justified Anti-Gay Crime

Caleb Crain
The New Yorker
Originally posted June 26, 2019

Here is an excerpt:

As preposterous as the idea of homosexual panic may sound today, for much of the twentieth century it was treated as something like common sense. “When a beast attacks, you are justified in killing him,” is the way one defense attorney phrased the principle behind it, in 1940. The press, too, sometimes discussed the idea approvingly. The New York Daily News described a 1944 murder of a gay man as an “honor slaying.” In 1952, homosexual panic was listed as a mental disorder in the first edition of the American Psychiatric Association’s Diagnostic and Statistical Manual, and, as late as the nineteen-nineties, the notion was still so current in the popular mind that a Christopher Street shop selling gay-themed T-shirts was called, in what seems to have been ironic homage, Don’t Panic.

It turns out that the psychological concept has a less than illustrious origin. The term “homosexual panic,” Polchin reports, was coined by a psychiatrist named Edward Kempf, in a 1920 treatise titled “Psychopathology.” Polchin garbles a key quote from Kempf, printing “sexually attracted” where Kempf wrote “sexually attractive,” and I took a look at the relevant chapter to see if I could make sense of it. It’s understandable that Polchin got confused. Kempf’s text is neither lucid nor coherent.

Kempf theorized that homosexual panic emerged from “the pressure of uncontrollable perverse sexual cravings,” that is, from the frustration of homosexual urges that typically arose in same-sex environments, such as prison or the military. According to Kempf, symptoms of the panic included a fearfulness that could lead to catatonia, a “compulsion to seek or submit to assault,” and delusional perceptions of being poisoned or entranced. Indeed, the hallucinations and paranoid delusions that many of Kempf’s patients suffered from were quite serious. One patient imagined that broken pills were being surreptitiously put into his pudding; another went through spells of believing he was God.

The info is here.

Tuesday, June 18, 2019

Psychologists Mitchell and Jessen called to testify about ‘torture’ techniques in 9/11 tribunals

Thomas Clouse
www.spokesman.com
Originally posted May 20, 2019

Two Spokane psychologists who devised the “enhanced interrogation” techniques that a federal judge later said constituted torture could testify publicly for the first time at a military tribunal at Guantanamo Bay, Cuba, that is trying five men charged with helping to plan and assist in the 9/11 attacks.

James E. Mitchell and John “Bruce” Jessen are among a dozen government-approved witnesses for the defense at the military tribunal. Mitchell and Jessen’s company was paid about $81 million by the CIA for providing and sometimes carrying out the interrogation techniques, which included waterboarding, during the early days of the post 9/11 war on terror.

“This will be the first time Dr. Mitchell and Dr. Jessen will have to testify in a criminal proceeding about the torture program they implemented,” said James Connell, a lawyer for Ammar al Baluchi, one of the five Guantanamo prisoners.

Both Mitchell and Jessen were deposed but were never forced to testify as part of a civil suit filed in 2015 in Spokane by the ACLU on behalf of three former CIA prisoners, Gul Rahman, Suleiman Abdullah Salim and Mohamed Ahmed Ben Soud.

According to court records, Rahman was interrogated in a dungeon-like Afghanistan prison in isolation, subjected to darkness and extreme cold water, and eventually died of hypothermia. The other two men are now free.

The U.S. government settled that civil suit in August 2017 just weeks before it was scheduled for trial in Spokane before U.S. District Court Judge Justin Quackenbush.

The info is here.

Sunday, June 16, 2019

Kellyanne Conway Should Be Fired For Violating Ethics Law, Oversight Office Says

Brian Naylor & Peter Overby
www.npr.org
Originally published June 13, 2019

Presidential adviser Kellyanne Conway has repeatedly criticized Democratic candidates in her official capacity in violation of the Hatch Act and should lose her job, according to the U.S. Office of Special Counsel.

The OSC, which oversees federal personnel issues, issued a stinging report Thursday, calling Conway "a repeat offender."

"As a highly visible member of the Administration, Ms. Conway's violations, if left unpunished, send a message to all federal employees that they need not abide by the Hatch Act's restrictions. Her actions thus erode the principal foundation of our democratic system — the rule of law," the office wrote to President Trump.

OSC is an independent federal ethics agency that has no relationship with former Department of Justice special counsel Robert Mueller's investigation into Russian interference with the 2016 election.

The Hatch Act forbids executive branch employees from taking part in political activities while engaged in their official duties.

In March 2018, the ethics agency found Conway broke the law twice in interviews about the Alabama Senate race. The new report focuses on her commentary on Democratic presidential candidates. It cites examples of her rhetoric, including suggesting Sen. Cory Booker of New Jersey was "sexist" and alleging that former Vice President Joe Biden was unwilling to be "held to account for his record."

The info is here.

Tuesday, May 21, 2019

Bergen County psychologist charged with repeated sexual assaults of a child

Joe Brandt
www.nj.com
Originally posted April 18, 2019

A psychologist whose business works with children was charged Wednesday with multiple sexual assaults of a child under 13 years old.

Lorenzo Puertas, 78, faces two counts of sexual assault and one count of endangering the welfare of a child, Bergen County Prosecutor Dennis Calo announced Thursday.

Puertas, of Franklin Lakes, served as executive director of Psych-Ed Services, which has offices in Franklin Lakes and in Lakewood. The health provider officers bilingual psychological services including pre-employment psych screenings and child study team evaluations.

The info is here.

Thursday, May 16, 2019

It’s Our ‘Moral Responsibility’ to Give The FBI Access to Your DNA

Jennings Brown
www.gizmodo.com
Originally published April 3, 2019

A popular DNA-testing company seems to be targeting true crime fans with a new pitch to let them share their genetic information with law enforcement so cops can catch violent criminals.

Two months ago, FamilyTreeDNA raised privacy concerns after BuzzFeed revealed the company had partnered with the FBI and given the agency access to the genealogy database. Law enforcement’s use of DNA databases has been widely known since last April when California officials revealed genealogy website information was instrumental in determining the identity of the Golden State Killer. But in that case, detectives used publicly shared raw genetic data on GEDmatch. The recent news about FamilyTreeDNA marked the first known time a home DNA test company had willingly shared private genetic information with law enforcement.

Several weeks later, FamilyTreeDNA changed their rules to allow customers to block the FBI from accessing their information. “Users now have the ability to opt out of matching with DNA relatives whose accounts are flagged as being created to identify the remains of a deceased individual or a perpetrator of a homicide or sexual assault,” the company said in a statement at the time.

But now the company seems to be embracing this partnership with law enforcement with their new campaign called, “Families Want Answers.”

The info is here.

Friday, May 3, 2019

Fla. healthcare executive found guilty in $1B Medicare fraud case

Associated Press 
Modern Healthcare
Originally published April 5, 2019

Florida healthcare executive Philip Esformes was found guilty Friday of paying and receiving kickbacks and other charges as part of the biggest Medicare fraud case in U.S. history.

During the seven-week trial in federal court in Miami, prosecutors called Esformes a trickster and mastermind of a scheme paying bribes and kickbacks to doctors to refer patients to his nursing home network from 2009 to 2016. The fraud also included paying off a regulator to learn when inspectors would make surprise visits to his facilities, or if patients had made complaints.

Esformes owns dozens of Miami-Dade nursing facilities as well as homes in Miami, Los Angeles and Chicago.

The info is here.

Saturday, April 27, 2019

When Would a Robot Have Free Will?

Eddy Nahmias
The NeuroEthics Blog
Originally posted April 1, 2019

Here are two excerpts:

Joshua Shepherd (2015) had found evidence that people judge humanoid robots that behave like humans and are described as conscious to be free and responsible more than robots that carry out these behaviors without consciousness. We wanted to explore what sorts of consciousness influence attributions of free will and moral responsibility—i.e., deserving praise and blame for one’s actions. We developed several scenarios describing futuristic humanoid robots or aliens, in which they were described as either having or as lacking: conscious sensations, conscious emotions, and language and intelligence. We found that people’s attributions of free will generally track their attributions of conscious emotions more than attributions of conscious sensory experiences or intelligence and language. Consistent with this, we also found that people are more willing to attribute free will to aliens than robots, and in more recent studies, we see that people also attribute free will to many animals, with dolphins and dogs near the levels attributed to human adults.

These results suggest two interesting implications. First, when philosophers analyze free will in terms of the control required to be morally responsible—e.g., being ‘reasons-responsive’—they may be creating a term of art (perhaps a useful one). Laypersons seem to distinguish the capacity to have free will from the capacities required to be responsible. Our studies suggest that people may be willing to hold intelligent but non-conscious robots or aliens responsible even when they are less willing to attribute to them free will.

(cut)

A second interesting implication of our results is that many people seem to think that having a biological body and conscious feelings and emotions are important for having free will. The question is: why? Philosophers and scientists have often asserted that consciousness is required for free will, but most have been vague about what the relationship is. One plausible possibility we are exploring is that people think that what matters for an agent to have free will is that things can really matter to the agent. And for anything to matter to an agent, she has to be able to care—that is, she has to have foundational, intrinsic motivations that ground and guide her other motivations and decisions.

The info is here.

Friday, April 26, 2019

Social media giants no longer can avoid moral compass

Don Hepburn
thehill.com
Originally published April 1, 2019

Here is an excerpt:

There are genuine moral, legal and technical dilemmas in addressing the challenges raised by the ubiquitous nature of the not-so-new social media conglomerates. Why, then, are social media giants avoiding the moral compass, evading legal guidelines and ignoring technical solutions available to them? The answer is, their corporate culture refuses to be held accountable to the same standards the public has applied to all other global corporations for the past five decades.

A wholesale change of culture and leadership is required within the social media industry. The culture of “everything goes” because “we are the future” needs to be more than tweaked; it must come to an end. Like any large conglomerate, social media platforms cannot ignore the public’s demand that they act with some semblance of responsibility. Just like the early stages of the U.S. coal, oil and chemical industries, the social media industry is impacting not only our physical environment but the social good and public safety. No serious journalism organization would ever allow a stranger to write their own hate-filled stories (with photos) for their newspaper’s daily headline — that’s why there’s a position called editor-in-chief.

If social media giants insist they are open platforms, then anyone can purposefully exploit them for good or evil. But if social media platforms demonstrate no moral or ethical standards, they should be subject to some form of government regulation. We have regulatory environments where we see the need to protect the public good against the need for profit-driven enterprises; why should social media platforms be given preferential treatment?

The info is here.

Thursday, April 11, 2019

6 women sexually abused by counselor at women's rehab center Timberline Knolls, prosecutors say

David Jackson
The Chicago Tribune
Originally posted March 7, 2019

Here is an excerpt:

Cook County prosecutors allege that a Timberline Knolls counselor, Mike Jacksa, sexually assaulted or abused six patients last year at the leafy 43-acre rehab center in suburban Lemont. Former patients told police that Jacksa subjected them to rape, forced oral sex, digital penetration and fondling beneath their clothes. He faces 62 felony charges.

The abuse allegations began to surface last summer, but Timberline officials waited at least three weeks to contact law enforcement, police reports show. In the meantime, Timberline staff conducted internal investigations, twice suspending and reinstating Jacksa, police records show.

In early July, when Timberline staff discovered journal entries by a patient that described her sexual encounters with Jacksa, they confronted the woman in his presence, police reports show. Afterward, the woman “went back to her lodge and broke a mirror, intending to hurt herself or commit suicide over the embarrassment and emotional distress the whole situation with Jacksa had caused,” a Lemont police report said. “She was transported to a hospital.”

Widely accepted treatment standards say people who report sex crimes should not be forced to give their accounts in front of their alleged attackers.

Timberline Knolls suspended Jacksa a third time in early August, after the police got involved, then fired him Aug. 10. His alleged sexual attacks on patients were “an isolated incident,” said Timberline spokesman Gary Mack. “Facility administrators were greatly saddened by this whole situation and believed they acted swiftly and certainly to take Jacksa off the street.”

The info is here.

Tuesday, April 2, 2019

Former Patient Coordinator Pleads Guilty to Wrongfully Disclosing Health Information to Cause Harm

Department of Justice
U.S. Attorney’s Office
Western District of Pennsylvania
Originally posted March 6, 2019

A resident of Butler, Pennsylvania, pleaded guilty in federal court to a charge of wrongfully disclosing the health information of another individual, United States Attorney Scott W. Brady announced today.

Linda Sue Kalina, 61, pleaded guilty to one count before United States District Judge Arthur J. Schwab.

In connection with the guilty plea, the court was advised that Linda Sue Kalina worked, from March 7, 2016 through June 23, 2017, as a Patient Information Coordinator with UPMC and its affiliate, Tri Rivers Musculoskeletal Centers (TRMC) in Mars, Pennsylvania, and that during her employment, contrary to the requirements of the Health Insurance Portability and Accountability Act (HIPAA) improperly accessed the individual health information of 111 UPMC patients who had never been provided services at TRMC. Specifically, on August 11, 2017, Kalina unlawfully disclosed personal gynecological health information related to two such patients, with the intent to cause those individuals embarrassment and mental distress.

Judge Schwab scheduled sentencing for June 25, 2019, at 10 a.m. The law provides for a total sentence of 10 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant. Kalina remains on bonding pending the sentencing hearing.

Assistant United States Attorney Carolyn J. Bloch is prosecuting this case on behalf of the government.

The Federal Bureau of Investigation conducted the investigation that led to the prosecution of Kalina.

Monday, April 1, 2019

Psychiatrist suspended for ‘inappropriate relationship.’ He got a $196K state job.

Steve Contorno & Lawrence Mower
www.miamiherald.com
Originally posted February 28, 2019

Less than a year ago, Domingo Cerra Fernandez was suspended from practicing medicine in the state of Florida.

The Ocala psychiatrist allegedly committed one of the cardinal sins of his discipline: He propositioned a patient to have a sexual and romantic relationship with him. He then continued to treat her.

But just months after his Florida suspension ended, Cerra Fernandez has a new job. He’s a senior physician at the North Florida Evaluation and Treatment Center, a maximum-security state-run treatment facility for mentally disabled adult male patients.

How did a recently suspended psychiatrist find himself working with some of Florida’s most vulnerable and dangerous residents, with a $196,000 annual salary?

The Department of Children and Families, which runs the facility, knew about his case before hiring him to a job that had been vacant for more than a year. DaMonica Smith, a department spokeswoman, told the Herald/Times that Cerra Fernandez was up front about his discipline.

The info is here.

Thursday, March 28, 2019

An Empirical Evaluation of the Failure of the Strickland Standard to Ensure Adequate Counsel to Defendants with Mental Disabilities Facing the Death Penalty

Michael L. Perlin, Talia Roitberg Harmon, & Sarah Chatt
Social Science Research Network 
http://dx.doi.org/10.2139/ssrn.3332730

Abstract

Anyone who has been involved with death penalty litigation in the past four decades knows that one of the most scandalous aspects of that process—in many ways, the most scandalous—is the inadequacy of counsel so often provided to defendants facing execution. By now, virtually anyone with even a passing interest is well versed in the cases and stories about sleeping lawyers, missed deadlines, alcoholic and disoriented lawyers, and, more globally, lawyers who simply failed to vigorously defend their clients. This is not news.

And, in the same vein, anyone who has been so involved with this area of law and policy for the past 35 years knows that it is impossible to make sense of any of these developments without a deep understanding of the Supreme Court’s decision in Strickland v. Washington, 466 U.S. 668 (1984), the case that established a pallid, virtually-impossible-to fail test for adequacy of counsel in such litigation. Again, this is not news.

We also know that some of the most troubling results in Strickland interpretations have come in cases in which the defendant was mentally disabled—either by serious mental illness or by intellectual disability. Some of the decisions in these cases—rejecting Strickland-based appeals—have been shocking, making a mockery out of a constitutionally based standard.

To the best of our knowledge, no one has—prior to this article—undertaken an extensive empirical analysis of how one discrete US federal circuit court of appeals has dealt with a wide array of Strickland-claim cases in cases involving defendants with mental disabilities. We do this here. In this article, we reexamine these issues from the perspective of the 198 state cases decided in the Fifth Circuit from 1984 to 2017 involving death penalty verdicts in which, at some stage of the appellate process, a Strickland claim was made (in which there were only 13 cases in which any relief was even preliminarily granted under Strickland). As we demonstrate subsequently, Strickland is indeed a pallid standard, fostering “tolerance of abysmal lawyering,” and is one that makes a mockery of the most vital of constitutional law protections: the right to adequate counsel.

This article will proceed in this way. First, we discuss the background of the development of counsel adequacy in death penalty cases. Next, we look carefully at Strickland, and the subsequent Supreme Court cases that appear—on the surface—to bolster it in this context. We then consider multiple jurisprudential filters that we believe must be taken seriously if this area of the law is to be given any authentic meaning. Next, we will examine and interpret the data that we have developed, looking carefully at what happened after the Strickland-ordered remand in the 13 Strickland “victories.” Finally, we will look at this entire area of law through the filter of therapeutic jurisprudence, and then explain why and how the charade of adequacy of counsel law fails miserably to meet the standards of this important school of thought.

Monday, March 18, 2019

The college admissions scandal is a morality play

Elaine Ayala
San Antonio Express-News
Originally posted March 16, 2019

The college admission cheating scandal that raced through social media and dominated news cycles this week wasn’t exactly shocking: Wealthy parents rigged the system for their underachieving children.

It’s an ancient morality play set at elite universities with an unseemly cast of characters: spoiled teens and shameless parents; corrupt test proctors and paid test takers; as well as college sports officials willing to be bribed and a ring leader who ultimately turned on all of them.

William “Rick” Singer, who went to college in San Antonio, wore a wire to cooperate with FBI investigators.

(cut)

Yet even though they were arrested, the 50 people involved managed to secure the best possible outcome under the circumstances. Unlike many caught shoplifting or possessing small amounts of marijuana and who lack the lawyers and resources to help them navigate the legal system, the accused parents and coaches quickly posted bond and were promptly released without spending much time in custody.

The info is here.

Friday, March 1, 2019

Ex-Bush ethics chief: GOP lawmaker 'should be arrested' for witness tampering

Aris Folley
TheHill.com
Originally posted February 27, 2019

Richard Painter, the former chief ethics lawyer for the George W. Bush administration, called for the speedy arrest of Rep. Matt Gaetz (R-Fla.), accusing him of witness tampering hours after he issued what many perceived to be a threatening tweet directed at Michael Cohen on the eve of Cohen's public congressional testimony.

Gaetz drew sharp backlash on Tuesday after posting a tweet, which has since been deleted, that suggested Cohen had not been faithful to his wife and questioned whether his wife would remain faithful to him while he serves time in prison.

(cut)

Gaetz later issued an apology for the tweet after a number of legal experts and Democrats suggested the post may constitute witness tampering.

Gaetz sought to clarify that it was not his “intent to threaten” Cohen in his earlier tweet and added that “he should have chosen words that better showed my intent.”

The info is here.

Editor's Note: I guess I should not be shocked that nearly one thousand people retweeted a threat at time of this screen capture.  There were more.  Tribalism.......