Incrementalism

Referred to as the slippery slope, incrementalism describes how we unconsciously lower our ethical standards over time through small changes in behavior.

Discussion Questions

1. Psychologist Dan Ariely says, “The first dishonest act is the most important one to prevent.” Why does he say that? Do you agree?

2. Can you think of a situation where you were a victim of the slippery slope phenomenon?

3. Have you seen a friend or read about someone in the newspaper who started cutting little corners and was soon in big trouble?

4. Cynthia Cooper, whistleblower of the infamous WorldCom financial fraud, wrote: “People don’t wake up and say, ‘I think I’ll become a criminal today.’ Instead, it’s often a slippery slope and we lose our footing one step at a time.” Do you agree? Why or why not?

5. Clayton Christensen, a professor at the Harvard Business School, has stated that one of the most important lessons of his life is that it is easier to do the right thing a hundred percent of the time than ninety-eight percent of the time.” Do you agree? Why or why not?

6. What can people do to prevent a mistake from snowballing down the slippery slope?

Case Studies

The FBI & Apple Security vs. Privacy

In December 2015, the FBI attained the iPhone of one of the shooters in an ISIS-inspired terrorist attack that killed 14 people in San Bernardino, California. As part of the investigation, the FBI attempted to gain access to the data stored on the phone but was unable to penetrate its encryption software. Lawyers for the Obama administration approached Apple for assistance with unlocking the device, but negotiations soon broke down. The Justice Department then obtained a court order compelling Apple to help the FBI unlock the phone. Apple CEO, Timothy Cook, publicly challenged the court in an open letter, sparking an intense debate over the balance between maintaining national security and protecting user privacy.

Apple and its supporters, including top technology companies such as Google and Facebook, made the case on several fronts that the court order threatened the privacy of all individuals. First, according to Apple, the order effectively required the company to write code, violating its First Amendment right to free speech by forcing the company to “say” something it did not want to say. Previous court cases had already established computer code as legally protected speech. Second, such a backdoor, once created, could fall into the wrong hands and threaten the privacy of all iPhone owners. Finally, it would set a dangerous precedent; law enforcement could repeatedly require businesses such as Apple to assist in criminal investigations, effectively making technology companies an agent of government.

Representatives from both sides of the political aisle offered several arguments in favor of the Justice Department’s efforts and against Apple’s stance. Their central claim was that the U.S. legal system establishes constraints on the government’s access to private information which prevent abuse of search and surveillance powers. At the same time, the law still allows authorities to gain access to information that facilitates prevention and prosecution of criminal activities, from terrorism to drug trafficking to child pornography. Critics of Apple also rejected the slippery slope argument on the grounds that, if Apple cooperated, it could safeguard the code it created and keep it out of the hands of others, including bad actors such as terrorists or criminal groups. Moreover, Apple was accused of being too interested in protecting its brand, and even unpatriotic for refusing to comply with the court order.

Ultimately, the FBI dropped the case because it was able to circumvent the encryption on the iPhone without Apple’s help.

Discussion Questions

1. What harms are potentially produced by the FBI’s demand that Apple help it open an iPhone? What harms are potentially produced by Apple’s refusal to help the FBI?

2. Do you think Apple had a moral obligation to help the FBI open the iPhone in this case because it involved terrorism and a mass shooting? What if the case involved a different type of criminal activity instead, such as drug trafficking? Explain your reasoning.

3. Apple argued that helping to open one iPhone would produce code that could be used to make private information on all iPhones vulnerable, not only to the American government but also to other foreign governments and criminal elements. Do you agree with Apple’s “slippery slope” argument? Does avoiding these harms provide adequate justification for Apple’s refusal to open the phone, even if it could reveal crucial information on the terrorist shooting?

4. Politicians from across the political spectrum, including President Obama and Senator Ted Cruz, argued that technology preventing government access to information should not exist. Do you agree with this limit on personal privacy? Why or why not?

5. Ultimately, the FBI gained access to the iPhone in question without the help of Apple. Does this development change your assessment of the ethical dimensions of Apple’s refusal to help the FBI? Why or why not? Should the FBI share information on how it opened the iPhone with Apple so that it can patch the vulnerability? Explain your reasoning.

Bibliography

Apple Fights Order to Unlock San Bernardino Gunman’s iPhone
http://www.nytimes.com/2016/02/18/technology/apple-timothy-cook-fbi-san-bernardino.html

How they line up on Apple vs. the FBI
https://www.washingtonpost.com/graphics/business/fbi-apple/

Why Apple Is Right to Challenge an Order to Help the F.B.I.
http://www.nytimes.com/2016/02/19/opinion/why-apple-is-right-to-challenge-an-order-to-help-the-fbi.html

Apple’s Rotten Core: CEO Tim Cook’s Case for Not Aiding the FBI’s Antiterror Effort Looks Worse than Ever
http://www.wsj.com/articles/apples-rotten-core-1456696736

Obama, at South by Southwest, Calls for Law Enforcement Access in Encryption Fight
http://www.nytimes.com/2016/03/12/us/politics/obama-heads-to-south-by-southwest-festival-to-talk-about-technology.html

U.S. Says It Has Unlocked iPhone Without Apple
http://www.nytimes.com/2016/03/29/technology/apple-iphone-fbi-justice-department-case.html

The Astros’ Sign-Stealing Scandal

Major League Baseball (MLB) fosters an extremely competitive environment.  Tens of millions of dollars in salary (and endorsements) can hang in the balance, depending on whether a player performs well or poorly.  Likewise, hundreds of millions of dollars of value are at stake for the owners as teams vie for World Series glory.  Plus, fans, players and owners just want their team to win. And everyone hates to lose!

It is no surprise, then, that the history of big-time baseball is dotted with cheating scandals ranging from the Black Sox scandal of 1919 (“Say it ain’t so, Joe!”), to Gaylord Perry’s spitter, to the corked bats of Albert Belle and Sammy Sosa, to the widespread use of performance enhancing drugs (PEDs) in the 1990s and early 2000s.  Now, the Houston Astros have joined this inglorious list.

Catchers signal to pitchers which type of pitch to throw, typically by holding down a certain number of fingers on their non-gloved hand between their legs as they crouch behind the plate.  It is typically not as simple as just one finger for a fastball and two for a curve, but not a lot more complicated than that.

In September 2016, an Astros intern named Derek Vigoa gave a PowerPoint presentation to general manager Jeff Luhnow that featured an Excel-based application that was programmed with an algorithm. The algorithm was designed to (and could) decode the pitching signs that opposing teams’ catchers flashed to their pitchers. The Astros called it “Codebreaker.”  One Astros employee referred to the sign-stealing system that evolved as the “dark arts.”[1]

MLB rules allowed a runner standing on second base to steal signs and relay them to the batter, but the MLB rules strictly forbade using electronic means to decipher signs.  The Astros’ “Codebreaker” blatantly violated these rules.

According to Wall Street Journal writer Jared Diamond:

The way Codebreaker worked was simple:  Somebody would watch an in-game live feed and log the catcher’s signals into the spreadsheet, as well as the type of pitch that was actually thrown.  With that information, Codebreaker determined how the signs corresponded with different pitches.  Once decided, that information would be communicated through intermediaries to a baserunner, who would relay them to the hitter.

Starting around June 2017, the system was embellished by Astros players.  They started watching a live game feed on a monitor near the dugout and then would bang on a trash can to communicate the coming pitch to the batter.  The “banging scheme” lasted through the 2017 World Series, which the Astros won over the Los Angeles Dodgers.[2]

This all occurred despite the fact that late in the 2017 season, MLB caught the Boston Red Sox relaying signs from their video room to an Apple watch worn by a trainer sitting in the dugout. MLB Commissioner Rob Manfred fined the Red Sox and issued a strong warning to all teams against illegal electronic sign-stealing.[3]

However, the Astros’ scheme lasted into the 2018 season in away games as well as home games, despite the fact that other teams were very suspicious that the Astros were stealing signs. Other teams often changed their own signs several times a game in an attempt to thwart the Astros suspected sign stealing.  An executive for an opposing team was quoted as saying “The whole industry knows they’ve been cheating their asses off for three or four years.  Everybody knew it.”[4]  Indeed, many teams had complained to MLB’s executives about the Astros’ cheating. Some suspect the cheating continued through the 2019 season although others think not, and MLB found no convincing evidence of it.[5]

Sign-stealing might not seem like it would give a big advantage.  After all, even if a batter knows that a certain pitch is coming, he still has to hit it.  And it is not easy hitting a 100-mph fastball or a major league-caliber slider, even if you know it’s coming.  Nonetheless, the advantage is substantial.  According to the Washington Nationals’ pitching coach Paul Menhart, “It’s the worst feeling in the world stepping on that mound and having an idea that the hitter knows what’s coming.  It’s one of the most unnerving feelings.  You feel helpless.  You just get ticked off to the point where you lose total focus and confidence.”[6]  The Washington Nationals won the 2019 World Series over the favored Astros. They won, at least in part, by assuming that the Astros would be attempting to steal their signs, and putting into place elaborate countermeasures, including multiple sets of signs for each pitcher.[7]

There is no question that many of the Astros players were actively involved in the scheme.  The Astros manager, AJ Hinch, clearly knew about it.  There is substantial, though perhaps not airtight evidence, that General Manager (GM) Rob Luhnhow also knew of the scheme.  Carlos Beltran, a Hall-of-Fame caliber player near the end of his 20-year playing career was a leader in the scheme.  And bench coach Alex Cora was a primary instigator.  Owner Jim Crane appears not to have known of the dark arts being practiced by his club.[8]

The scandal became public on November 12, 2019, when former Astros’ pitcher Mike Fiers blew the whistle in an interview published in “The Athletic.”[9] Although some current MLB players praised Fiers for coming forward about the scandal, other players criticized him for violating baseball’s presumed “code of silence,” also called the “clubhouse code.”[10]  MLB then launched an investigation that granted the Astros players immunity in return for their fessing up. Commissioner Rob Manfred soon issued a nine-page report that found that most of the Astros players knew of the scheme and many participated in it. The report said that manager Hinch knew of the scheme and that GM Luhnow should have prevented it.[11]  Commissioner Manfred suspended both Hinch and Luhnow, who were quickly fired by Astros’ owner Crane.  MLB fined the Astros $5 million, and stripped the club of its first- and second-round draft picks in both 2020 and 2021.[12]

There was other fall-out, too.  Beltran, who had just been hired as manager of the New York Mets, was fired.  Cora, who had subsequently become the manager of the Boston Red Sox, was also fired.  In late April 2020, Manfred found that the Red Sox had done some illicit sign-stealing in the 2018 season. Surprisingly, though, he concluded that manager Cora and most of the Red Sox players did not know about it. Manfred imposed a modest punishment on the Red Sox organization in the form of a lost draft pick. But again, none of the players who participated in the scheme were penalized.[13]

Manfred’s decision not to punish players was harshly criticized by many. He claimed that granting immunity in exchange for information was the best way to quickly discover the truth. This approach was praised by some,[14] but other observers were unconvinced.[15] He also argued that it was difficult to determine how much advantage the cheating scandal had given the Astros. However, many major league players – including the game’s best player, Mike Trout – suggested that they would love to know what pitch was coming.[16] Manfred also claimed that with so many players involved to different degrees, it would be difficult to apportion blame appropriately. Additionally, MLB had stated in its 2017 warning about sign-stealing that it would hold management responsible for violations.[17]

Some suggested that Manfred was simply trying to minimize damage to MLB’s image. The game got a black eye from the PED scandal, which is brought back into the spotlight every year as Barry Bonds, Roger Clemens, and others are refused entry to the baseball Hall of Fame by sportswriters who insist on punishing their cheating in ways that MLB never did. And Astros players such as Carlos Correa, Jose Altuve, and Justin Verlander will probably have a better chance to enter the Hall of Fame than if they had been suspended for cheating.[18]

The damage done by the Astros is significant.  Former major leaguer Doug Glanville said the Astros’ “selfish act makes everyone question the validity of the future and the truth of the past,” concluding that MLB now faces an “existential crisis.”[19]  Veteran catcher Stephen Vogt said, “The integrity of our game is what we have, and now that’s been broken.”[20]

The impact on the Astros and its players, beyond a new manager and general manager, is as yet unknown.  The Astros worry that opposing pitchers will feel some degree of freedom to throw at Astros hitters.  A former major league pitcher, Mike Bolsinger, sued the Astros. He claimed that a particularly bad outing he had was caused by the Astros’ cheating, and that it effectively ended his MLB career.[21]  The effect of their cheating ways can be seen in non-professional baseball, too, with some little leagues banning the use of “Astros” as a team name.[22] Regardless of league level, gaming the system to advantage one’s own team is not the kind of play that, in the long run, makes for good sport.

Discussion Questions

  1. Why do you think the Astros began using the “Dark Arts”?

[See videos on the self-serving bias (https://ethicsunwrapped.utexas.edu/video/self-serving-bias) and framing. (https://ethicsunwrapped.utexas.edu/video/framing)]

  1. Shortly before the Astros began their sign-stealing scheme, the team’s database was hacked by Chris Correa, the rival St. Louis Cardinals’ scouting director. He was later sentenced to 46 months in prison.[23]
    1. How might this transgression by Correa have helped motivate the Astros’ decision to cheat?
    2. Could it have given the Astros a rationalization for their own cheating? What do you think that rationalization would be?

[See video on rationalizations. (https://ethicsunwrapped.utexas.edu/glossary/rationalizations)]

  1. How much responsibility would you place on the players? On the manager?  On the general manager?  On the owner? Explain your reasoning.
  2. One writer asked: “Given an open road, a sports car and the assurance no law enforcement would be present, how fast would you drive?”[24] He then noted the relative lack of enforcement by MLB, despite widespread rumors and complaints about the Astros’ (and perhaps some other clubs’) illegal sign-stealing. Would more surveillance, of the type MLB used in the 2018 and 2019 playoffs when watchdogs were placed in baseball clubhouses during the games, have made a difference? Why or why not?
  3. Although some MLB players applauded Mike Fiers for coming forward about the scandal, others criticized him for violating baseball’s supposed “code of silence.”[25]
    1. Is that code common in professions or organizations other than MLB (and the Mafia)? Support your answer with examples.
    2. Is it part of the problem? Why or why not?
    3. How might it be reformed or even ended?

[See videos on the conformity bias https://ethicsunwrapped.utexas.edu/video/conformity-bias https://ethicsunwrapped.utexas.edu/glossary/conformity-bias and In-group/outgroup. https://ethicsunwrapped.utexas.edu/glossary/in-groupout-group]

  1. In 2017 “The Athletic” reported that small groups of Astros players expressed misgivings about the cheating. One player approached Carlos Beltran, who was a ring-leader in the scheme and a 20-year veteran with a Hall of Fame-caliber career behind him. Beltran “disregarded [the appeal] and steamrolled everybody.”  “Where do you go if you’re a young, impressionable player with the Astros and this guy says, ‘We’re going to do this.’  What do you do?”[26] What does this revelation tell us about obedience to authority? [See videos on obedience to authority.  https://ethicsunwrapped.utexas.edu/video/obedience-to-authority; https://ethicsunwrapped.utexas.edu/glossary/obedience-to-authority]
  2. On the other hand, Astros shortstop Carlos Correa said: “We didn’t feel scared of Beltran; we didn’t feel intimidated. He was the nicest guy we could ever have. He was the best teammate we could ever have.  Beltran was obviously a leader of the clubhouse, but we all had a say in everything we were doing in there.”[27]  How does this affect your conclusions on the previous question?
  3. In a press conference, Astros’ owner Jim Crane said: “Our players should not be punished for these actions. These are a great group of guys who did not receive proper guidance from their leaders.”[28]  It does appear that GM Luhnhow did know generally of the scheme, that field manager Hinch definitely knew about it (and did not like it) but did little or nothing to stop it, and that bench coach Alex Cora and team elder Carlos Beltran were active leaders of the scheme.  Does that absolve the other players? Why or why not?
  4. Former Astro J.D. Davis later explained: “I was a rookie, and I was going up and down the system, and I was fighting for my life. … As a 24-year-old at the time, I was pretty star-struck at the time being around some of the veteran guys and being around the big-league clubhouse and everything. I had never been part of a major-league clubhouse.  Maybe what they did was the norm, I have no idea.  I had never been in another big-league clubhouse.”[29]  Does this sound like the conformity bias in action, or just another excuse? Explain your reasoning.
  5. There were clearly Astros players who were uncomfortable with the cheating. Why didn’t they speak out?  What about the Astros players, other than Fiers, who left the club knowing of the scheme, but never reported it?  Why didn’t they speak out?

[See videos on moral muteness  https://ethicsunwrapped.utexas.edu/video/moral-muteness and the Giving Voice to Values video series. https://ethicsunwrapped.utexas.edu/series/giving-voice-to-values]

  1. It is perfectly legal to watch the opposing teams’ pitcher and catcher with the naked eye, even when you’re a runner standing on second base with a primo view of the catchers’ signals. And it’s legal to try to detect those signals and send them to your teammate in the batter’s box in an attempt to give him an edge.  Is the use of electronic means to do the detecting so close to the traditional means that it doesn’t seem so bad? Explain.
    1. How might this line of reasoning be influences by the slippery slope?

[See videos on incrementalism. https://ethicsunwrapped.utexas.edu/video/incrementalism https://ethicsunwrapped.utexas.edu/glossary/incrementalism]

  1. Why didn’t MLB punish the players who were involved?
    1. Should the players have been punished as well as the manager and general manager? Why or why not?
    2. Why do you think the managers were allowed to keep their share of the World Series prize money ($400,000 each)? Is this fair? Why or why not?
  1. Did Rob Manfred take a deontological or a utilitarian approach to investigating and punishing the Astros? Was it the best approach? Explain your reasoning.

[See videos on deontology https://ethicsunwrapped.utexas.edu/glossary/deontology and utilitarianism. https://ethicsunwrapped.utexas.edu/glossary/utilitarianism]

  1. In the wake of the scandal, Pete Rose – who is one of the best players in history and was banned from the game because he gambled on baseball – asked for reinstatement.[30] Does the failure to punish the Astros’ players provide grounds for mercy toward Rose? Why or why not?
  2. Commissioner Manfred refused to strip the Astros of their championship, saying: “Once you go down that road of changing what happens on the field, I just don’t know how you decide where you stop.”[31] Do you think the Astros should be stripped of their championship? Explain your reasoning.

Bibliography

[1] Jared Diamond, ‘Dark Arts’ and ‘Codebreaker’: The Origins of the Houston Astros Cheating Scheme, Wall Street Journal, Feb. 7, 2020, at https://www.wsj.com/articles/houston-astros-cheating-scheme-dark-arts-codebreaker-11581112994.

[2] Id.

[3] Tom Verducci, Why MLB Issued Historic Punishment to Astros for Sign Stealing, Sports Illustrated, Jan. 13, 2020, at https://www.si.com/mlb/2020/01/13/houston-astros-cheating-punishment.

[4] Barry Svrluga & Dave Sheinin, The World Just Learned of the Astros’ Cheating. Inside Baseball, It was an Open Secret, Washington Post, Feb. 11, 2020, at https://www.washingtonpost.com/sports/mlb/astros-cheating-open-secret/2020/02/11/1830154c-4c41-11ea-9b5c-eac5b16dafaa_story.html.

[5] Id.

[6] Id.

[7]  Nick Moykin, Nationals Reportedly Knew of Astros Sign-Stealing Scandal During the World Series, WUSA, Feb. 12, 2020, at https://www.wusa9.com/article/sports/nationals-knew-astros-were-stealing-signs-during-world-series/65-b3ae89ef-58c3-4374-be49-ee591c38384c.

[8] Rob Manfred, Statement of the Commissioner, Jan. 13, 2020, at https://www.crawfishboxes.com/2020/1/13/21064270/mlb-commissioner-rob-manfreds-full-statement-on-the-houston-astros-sign-stealing-investigation.

[9] Ken Rosenthal & Evan Drellich, The Astros Stole Signs Electronically in 2017—Part of a Much Broader Issue for Major League Baseball, The Athletic, Nov. 12, 2019, at https://theathletic.com/1363451/2019/11/12/the-astros-stole-signs-electronically-in-2017-part-of-a-much-broader-issue-for-major-league-baseball/.

[10] Susan Slusser, A’s Mike Fiers Says He’s Received Death Threats, Plans to Keep Astros Ring, San Francisco Chronicle, Feb. 20, 2020, at https://www.sfchronicle.com/athletics/article/A-s-Mike-Fiers-I-ve-dealt-with-death-15071066.php.

[11] Manfred, supra note 8.

[12] Erik Boland, “Yankees Won’t Be Returning to the Scene of Astros’ Crime,” Newsday, May 14, 2020, at https://www.newsday.com/sports/baseball/yankees/astros-yankees-sign-stealing-scandal-minute-maid-park-1.44641481.

[13] Boston Herald Staff, “Calling Foul over MLB Report on Sox Sign-stealing Scandal,” Boston Herald, April 26, 2020, at https://www.bostonherald.com/2020/04/26/calling-foul-over-mlb-report-on-sox-sign-stealing-scandal/.

[14] Thomas Fox, The Astros Cheating Scandal and Compliance—Part 5: The Whistleblower and the Amnesty, Thomas Fox’s FCPA Compliance & Ethics Updates, Jan. 21, 2020, at https://www.jdsupra.com/legalnews/the-astros-cheating-scandal-and-55519/.

[15] Christopher L. Gasper, Players Should Be Punished Too in Baseball’s Sign-Stealing Scandal, MSN.com, Jan. 18, 2020, at https://www.msn.com/en-us/sports/mlb/players-should-be-punished-too-in-baseball-s-sign-stealing-scandal/ar-BBZ4tCM?fbclid=IwAR0znzAliQdUxJAbpO7v6wMlvL3txqWK6cwIpvmYGSWt3laBhA9hQ-1zI5A.

[16] Allen Kim, Angles Star Mike Trout Rips MLB for Astros Cheating Scandal, Said He ‘Lost Respect’ for Players, CNN, Feb. 17, 2020, at https://www.cnn.com/2020/02/17/us/houston-astros-mike-trout-spt-trnd/index.html.

[17] Dalton Johnson, Rob Manfred Explains Why He Didn’t Strip Astros’ World Series, Punish Players, NBC Sports, Feb. 16, 2020, at https://www.nbcsports.com/bayarea/athletics/rob-manfred-explains-why-he-didnt-strip-astros-world-series-punish-players.

[18] Howard Bryant, “Why the Houston Astros’ Cheating Scandal Could Be Worse for MLB than the Steroid Era,” ESPN, Mar. 8, 2020, at https://www.espn.com/mlb/story/_/id/28841940/why-houston-astros-cheating-scandal-worse-mlb-steroid-era.

[19] Doug Glanville, Baseball’s Existential Crisis, New York Times, Jan. 21, 2020, at https://www.nytimes.com/2020/01/21/opinion/the-astros-cheating.html.

[20] Tyler Kepner, The Rise and Sudden Fall of the Houston Astros, New York Times, Jan. 18, 2010, at https://www.nytimes.com/2020/01/18/sports/houston-astros-cheating.html.

[21] Nancy Armour, Pitcher Mike Bolsinger Says Cheating Houston Astros Changed Course of His Career, USA Today, Feb. 10, 2020, at https://www.usatoday.com/story/sports/columnist/nancy-armour/2020/02/10/mike-bolsinger-sues-houston-astros-says-cheating-changed-his-career/4712164002/.

[22] Tim Daniels, California Little Leagues Ban Astros as Team Name After Cheating Scandal, Bleacherreport, Feb. 15, 2020, at https://bleacherreport.com/articles/2876498-california-little-leagues-ban-astros-as-team-name-after-cheating-scandal.

[23] Adam Wells, Chris Correa Sentenced to 46 Months for Hacking Astros’ Computer System, Bleacherreport.com, July 18, 2016, at https://bleacherreport.com/articles/2652751-chris-correa-sentenced-to-46-months-for-hacking-astros-computer-system.

[24] Gene Laques, Injured Parties, Defiant Execs and a Tainted Title: Houston Astros’ Sign-stealing Scandal Checks All the Boxes, USA Today, Jan. 15, 2020, at https://www.usatoday.com/story/sports/mlb/columnist/gabe-lacques/2020/01/15/houston-astros-cheating-scandal-mlb/4465982002/.

[25] Susan Slusser, A’s Mike Fiers Says He’s Received Death Threats, Plans to Keep Astros Ring, San Francisco Chronicle, Feb. 20, 2020, at https://www.sfchronicle.com/athletics/article/A-s-Mike-Fiers-I-ve-dealt-with-death-15071066.php.

[26] Rosenthal & Drellich, supra note __.

[27] James Crabtree-Hannigan, Carlos Correa Denies Astros Were Intimidated by Carlos Beltran, Sporting News, Feb. 13, 2020, at https://www.sportingnews.com/us/mlb/news/carlos-correa-denies-astros-were-intimidated-by-carlos-beltran/1qids459hddeo1k53f8nabl8z6.

[28] Scott Davis, The Astros Said Their Cheating Scheme ‘Didn’t Impact the Game’ and Players Shouldn’t Be Held Accountable in a Cringeworthy Press Conference, Business Insider, Feb. 13, 2020, at https://www.businessinsider.com/jim-crane-astros-cheating-didnt-impact-game-press-conference-2020-2.

[29] Bob Nightengale, Former Astros Outfielders J.D. Davis, Jake Marisnick Apologize for Their Roles in the Sign-stealing Scandal, USA Today, Feb. 14, 2020, at https://www.usatoday.com/story/sports/mlb/columnist/bob-nightengale/2020/02/14/former-astros-outfielder-jd-davis-ashamed-sign-stealing/4759911002/.

[30] Randy Miller, Pete Rose Feels Astros’ Cheating Worse Than His Bets, Questions Players Getting Off ‘Scot-free, NJ.com, https://www.nj.com/yankees/2020/01/pete-rose-feels-astros-cheating-worse-than-gambling-questions-players-getting-off-scot-free.html.

[31] John Perrotto, Rob Manfred Won’t Tolerate Retaliation Against Houston Astros, Feb. 17, 2020, at https://www.forbes.com/sites/johnperrotto/2020/02/17/rob-manfred-wont-tolerate-retaliation-against-houston-astros/#10a4a13f3b67.

Teaching Notes

This video introduces the behavioral ethics bias known as incrementalism. Referred to as the “slippery slope,” incrementalism describes how we unconsciously lower our ethical standards over time through small changes in behavior. Incrementalism may occur when the ethical dimensions of an issue fade from view. For leaders, incrementalism may have dire effects on the companies or people they oversee.

To learn about related behavioral ethics concepts, watch Ethical Fading and Ethical Leadership, Part 1: Perilous at the Top.

The case study on this page, “The FBI & Apple: Security vs. Privacy,” raises questions about how to strike a balance between maintaining national security and protecting user privacy, without facing a slippery slope that would open up either side to dangerous consequences. For a related case study about the potential harms caused in the security vs. privacy debate, read “Edward Snowden: Traitor or Hero?”

Terms defined in our ethics glossary that are related to the video and case studies include: ethical fading, framing, and incrementalism.

Behavioral ethics draws upon behavioral psychology, cognitive science, evolutionary biology, and related disciplines to determine how and why people make the ethical and unethical decisions that they do. Much behavioral ethics research addresses the question of why good people do bad things. Many behavioral ethics concepts are explored in detail in Concepts Unwrapped, as well as in the video case study In It to Win: The Jack Abramoff Story. Anyone who watches all (or even a good part) of these videos will have a solid introduction to behavioral ethics.

Additional Resources

Cooper, Cynthia. 2008. Extraordinary Circumstances: The Journey of a Corporate Whistleblower. Hoboken, NJ: John Wiley & Sons, Inc.

Gino, Francesca, and Max H. Bazerman. 2009. “When Misconduct Goes Unnoticed: The Acceptability of Gradual Erosion.” Journal of Experimental Social Psychology 45 (4): 708-719.

Gourevitch, Philip. 2008. “Exposure: The Woman Behind the Camera at Abu Ghraib.” New Yorker, March 24.

Hoyk, Robert, and Paul Hersey. 2008. The Ethical Executive: Becoming Aware of the Root Causes of Unethical Behavior: 45 Psychological Traps That Every One of Us Falls Prey To. Stanford, CA: Stanford University Press.

The latest teaching resource from Ethics Unwrapped is an article, written by Cara Biasucci and Robert Prentice, that describes the basics of behavioral ethics, introduces the videos and supporting materials along with teaching examples, and includes data on the efficacy of Ethics Unwrapped for improving ethics pedagogy across disciplines. It was published in Journal of Business Law and Ethics Pedagogy (Vol. 1, August 2018), and can be downloaded here: “Teaching Behavioral Ethics (Using “Ethics Unwrapped” Videos and Educational Materials).”

For more resources on teaching behavioral ethics, an article written by Ethics Unwrapped authors Minette Drumwright, Robert Prentice, and Cara Biasucci introduces key concepts in behavioral ethics and approaches to effective ethics instruction —including sample classroom assignments. The article, published in the Decision Sciences Journal of Innovative Education, may be downloaded here: “Behavioral Ethics and Teaching Ethical Decision Making

A detailed article by Robert Prentice with extensive resources for teaching behavioral ethics, published in Journal of Legal Studies Education, may be downloaded here: “Teaching Behavioral Ethics

An article by Robert Prentice discussing how behavioral ethics can improve the ethicality of human decision-making, published in the Notre Dame Journal of Law, Ethics & Public Policy, may be downloaded here: “Behavioral Ethics: Can It Help Lawyers (And Others) Be their Best Selves?”

A dated but still serviceable introductory article about teaching behavioral ethics can be accessed through Google Scholar by searching: Prentice, Robert A. 2004. “Teaching Ethics, Heuristics, and Biases.” Journal of Business Ethics Education 1 (1): 57-74.

Transcript of Narration

Written and Narrated by

Robert Prentice, J.D.
Business, Government & Society Department 
McCombs School of Business
The University of Texas at Austin

“People tend to believe that they have good moral character, and therefore they are confident that when they face issues with moral dimensions they will make good choices. However, Cynthia Cooper, who was the whistleblower in the infamous WorldCom fraud, wrote that, “People do not wake up one day and say, ‘Today is the day I think I will start my life of crime.’ Instead, it is often a slippery slope we slowly lose our ethical footing one step at a time.” This process is what behavioral ethicists call “incrementalism.”

As an example, think about the Abu Ghraib prison site, and the mistreatment of some of the inmates there. A female soldier wrote: “In the beginning, you see someone naked and you see underwear on their head and you are like, ‘Oh, that is pretty bad — I cannot believe I just saw that.’ And then you go to bed and you come back the next day and you see something worse. ‘Well, it seems like the day before was not so bad.’”

This is the slippery slope at work. And if we are not careful we can easily go from minor transgressions in our workplace, such as taking a few office supplies home for personal use or lightly padding our expense account, to more serious transgressions.

Francesca Gino and Max Bazerman, who are psychologists at the Harvard Business School, refer to it as the “boiling frog syndrome.” It is said that if you throw a frog in a pot of boiling water, he will jump out. But if you place him in a pot of cool water and gradually turn up the heat, he will slowly boil to death. I do not think Gino and Bazerman actually experimented on frogs, but they observed humans, and found that we unconsciously lower the bar over time through small changes in ethicality.

Think about it: most multi-million dollar securities frauds start with executives fudging fairly small numbers but over time those numbers grow through incrementalism. An officer who was caught up in the Enron scandal later said, “You did it once, it smelled bad. He did it again, it did not smell bad.” That is incrementalism at work.”

 

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