Question: Is killing a baby born after an abortion a form of murder? Kermit Gosnell is currently on trial for murder, due to accusations that he killed infants who were delivered in abortions at his clinic. If the facts are as reported, should he be convicted of murder? What should be done when a baby is born alive during an abortion? What are the likely cultural and political implications of this trial?
Subjects Discussed: * "Black swans" of health and "The Dirty Dozen" * #1: Driving a car or motorcycle * #2: Riding an ATV * #3: Biking or jogging on public roads * #4: Flying a plane or helicopter yourself * #5: Getting into a fight * #6: Lighting a gas grill * #7: Diving into water * #8: Using ladders and chainsaws * #9: Retiring and building your dream house * #10: Allowing yourself to be forced into a car or trunk at gunpoint * #11: Staying in stressful relationships * #12: Winning the lottery * Dr. McGuff's history with risky sports * The risks of other sports * How to survive the ER.
Question: When is it moral to resist police action? Last year, the governor of Indiana signed a bill into law granting protection to citizens that resist the unlawful actions of a public servant. If a police officer enters your home without your knowledge or consent – legally or illegally – and you have no way of knowing whether he is an unlawful intruder, are you morally justified in taking violent action against him? When is it moral to forcibly resist police actions?
Subjects Discussed: * Becoming a prosecutor, including prosecuting for the Navajo Nation * How criminal cases get to trial * Preliminary hearings and grand juries * The problem of corruption * The trial process * Prosecutor caseload * Sentencing * The reliability of juries * Judges versus juries * The problem with "the drug war" * Police as hamstrung versus out-of-control * Confessions * Plea bargaining * Most interesting and rewarding cases.
Question: Is it proper for state or local government to enact laws that a federal government should not? A proper government is one that fulfills and is limited to the role of protecting citizens from initiations of force by other individuals or other nations. However, in a free and proper society, is it proper for local and state governments to enact laws that go beyond the proper functions of a federal government? For example, in a properly-governed United States, could states enact certain laws that regulate behavior beyond what the federal government could enact, perhaps based on the religious or other values held by most people in that community – on the assumption that any person who disagreed could leave the area?
Question: Should men be sensitive to women's fears of being raped? Recently, I became aware of an ongoing debate among the online atheist community regarding proper conduct of men toward women they do not know. In a June 2011 video reporting on a conference, "Skepchik" Rebecca Watson talked about her experience of being asked to the room of a strange man in an elevator at 4 am. That invitation made her very uncomfortable, and she thought it was very wrong to so sexualize her. Her comments created a firestorm of controversy. Do you think that men need to be sensitive to women's fears about being raped? Should women have such fears around unknown men?
Question: Is it moral to post information on security flaws that can help criminals better commit crimes? Some people publish information on how to pick locks or how to bypass computer password protection programs. Yes, sometimes this information might be used by good people to better protect themselves, but it's likely that criminals will use it to commit crimes, perhaps crimes that they'd not have attempted otherwise. Can the person posting the information rightly say, "This information can be used for both good or bad purposes, and I'm not morally responsible for what someone else chooses to do with it"?
Question: Where is the line between justice and vigilantism? When is it moral to take the law into your own hands – meaning pursuing, detaining, and/or punishing criminals as a private citizen? Suppose that you know – without a shadow of a doubt – that some person committed a serious crime against you or a loved one. If the justice system cannot punish the person due to some technicality, is it wrong for you to do so? If you're caught, should a judge or jury punish you, as if you'd committed a crime against an innocent person?
Question: Should the government institute a national id card? Periodically, politicians speak of instituting a national identification card in order to protect identify and track potential terrorists, prevent the hiring of illegal immigrants, stop welfare fraud, and more. Would such a national id card violate rights – or be unwise for other reasons? Are state-level identification cards sufficient? Are they proper?
Question: Are statutory rape laws proper? Statutory rape laws criminalize seemingly consensual sex when at least one party is below the age of consent, but sexually mature, e.g. when an 18 year old has sex with a 15 year old. Are such laws proper? Should the over-age person be convicted if he or she didn't know (or couldn't reasonably know) that the under-age person was under-age? What if the under-age person lied about his or her age? What, if anything, should happen legally when both parties are under-age, e.g. when two 15 year olds have sex?
Question: What constitutes consent in sex? Can a person give tacit consent by his or her actions? Is explicit consent required for some sex acts? Once consent has been given, when and how can a person withdraw that consent? Does the legal perspective on these questions differ from the moral perspective?
Question: Is the death penalty moral? I understand why people are opposed to the death penalty when there might be genuine doubt as to whether the accused person really committed the crime. Certainly, we've seen cases where DNA evidence has exonerated someone who was convicted several years ago for a crime they didn't actually commit. But if someone confesses to first degree murder and if there's incontrovertible physical evidence to confirm their guilt, is the death penalty then appropriate?
Question: Why is punishing an innocent man worse than failing to punish a guilty man? English jurist William Blackstone said that "better that ten guilty persons escape than that one innocent suffer." What does this mean, and is it true? Is some higher ratio of wrongly-punished to wrongly-released acceptable?
Question: Should prisons be run by the state or private companies? After reading this Huffington Post article, I wonder whether prisons should be run by private companies or the state. I tend to think private is almost always better than anything state-run, but the current system of private prisons seems to be corrupt at best. More generally, what would a prison system look like in a free society?
Question: Is it moral to torture criminals and/or terrorists? We supposedly were able to track down Osama Bin Laden with information obtained by torturing captured Al Qaeda prisoners. Is it moral to torture criminals, terrorists or other evildoers to gain useful information to fight crime or help win a war? If so, should there be any limits on when and how torture should be used by the government?
Question: Should the police lie to suspects in the course of an investigation? Police routinely do this, usually in order to trick people into admitting something or revealing information they would normally not reveal. Note that the people they lie to may not have been convicted of any crime, and are merely "persons of interest" or suspects. Is this routine constant lying moral? What do you think it does to the policeman's character after many years?
Question: Should a man ever act in real life as Howard Roark did in his first sexual encounter with Dominique? In your 24 April 2011 webcast, you said that a person should not act as Howard Roark did in the "rape" scene in The Fountainhead, implying it would be immoral. Could you explain why? Is the problem that you cannot know for certain what the woman wants? I've slept with a few women and only once have I ever been 100% certain that she wanted it that way and so I took it without any real permission and I was right. She even told me later she wouldn't have wanted it any other way. I understand it is very dangerous to say to guys, "Hey, its okay to do this!" because most people are idiots, but wouldn't there be rare real-life cases in which a man would be right to act like Roark did?
Question: What should the US government do about Wikileaks founder Julian Assange? In particular, can and should the US government go after him, given that he is not an American citizen and he apparently committed his bad acts outside of US territory?
Question: Should a criminal who kills a pregnant woman (and her unborn child) be charged for two murders or one? Does it matter if she's obviously pregnant or not? (Perhaps it should only matter in the sentencing phase of the trial?) I've read your paper on the "personhood" movement and I agree that a person does not have rights until they're born, but it seems different in this situation. Where is my thinking flawed, or is it?
Question: Should government officials be punished for rights violations committed via their office? Should the constitution of a rational government in a capitalist society mandate punishment of those in positions of governance who use the power of government to violate individual rights? For instance, McCain-Feingold represents a massive individual rights' violation; that of free speech and association. McCain and Feingold violated their oath to defend the Constitution as did all those who voted for it; George W. Bush explicitly abdicated his oath in his signing statement. Should such people be punished for legalizing such an encroachment? Currently, only Treason is specifically mentioned in the Constitution as a criminal act requiring punishment