Tag Archives: justice

Verdict: The Grand Jury Process Was Fair and Just

abstract door grand jury room

The accusations and complaints about the Darren Wilson grand jury just don’t hold up.

Criminal law professor Paul Cassell consolidates several issues raised in the comments here and in the news media in his excellent analysis in the Volokh Conspiracy, here.

Among the criticisms he addresses…

1. Using a Grand Jury Deviated from Normal Process.
2. The Grand Jury Took Too Long.
3. The Grand Jury Got Too Much Evidence.
4. The Grand Jury Operated in Secret.
5. The Grand Jury Was Exposed to Pressure.
6. The Grand Jury Did Something That Grand Juries Ordinarily Don’t Do.
7. The Grand Jury Misunderstood the Standard of Proof.
8. Robert McCulloch was Biased and Should Have Recused Himself.
9. The Grand Jury Evidence Shouldn’t Be Released.

He also echoes my conclusion about many of the protesters, as he ends his piece with this: Continue reading

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Ethics Dunces, Ferguson Ethics Train Wreck Files, “Seriously Confused” Division: The Looters of Ferguson Market and Liquor

Ferguson Market

Ferguson Market and Liquor was looted last night, targeted by protesters demanding “justice” for Michael Brown.

I’d like someone to explain the logic of that act to me, please.  Please. That was the store where Michael Brown was captured on video shoplifting and assaulting a clerk prior to his fatal encounter with Officer Wilson.

How dare that store be robbed by an unarmed teen! No, that doesn’t work. How dare an employee be assaulted by a shooting victim! Hmmm…no, no, that’s stupid. How dare the business allow the media to mention its name in connection with the examination of whether Mike Brown was just a gentle giant who wouldn’t hurt a fly or intimidate a clerk!  That can’t be it, can it? Or is it, “Let’s honor Mike by really hurting that small business where he stole some blunts  and shoved that  little clerk!” Really?

What exactly is the theory of justice here? My mind is open, it really is. I so want to understand.

Absent a persuasive explanation, however, I must conclude that anyone who sees “justice” in punishing Michael Brown’s innocent victims, however the teen met his demise, no more understands the concept of justice than I understand string theory, and I have no interest at all in listening to such an individual’s theories, protests, or rants about a subject about which that they are not only embarrassingly ignorant, but deluded as well.

What they did is injustice. They don’t know the difference between injustice and justice, which tells me that neither they nor anyone allied with them, supporting them or sympathetic with them should be taken seriously or heeded.

And when we are told, “The police are biased against people who think looting a store is justice!,” I am compelled to answer,

“As well they should be.”

 

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Filed under Business & Commercial, Character, Ethics Alarms Award Nominee, Ethics Dunces, Law & Law Enforcement, U.S. Society

Comment of the Day: “The Ferguson Riots: Of Course.”

I know this is a departure: this is my own comment. After I posted it in a fevered state, I decided that it warranted wider exposure.

It comes in response to a jaw-dropping post by one of the most articulate and analytical regulars on Ethics Alarms, who wrote in response to the original essay, this, beginning with a quote from it:

“the activists don’t care, literally don’t care, about [what really happened and why] For them, the issue is simple. A white cop in a racist police department shot an unarmed black teen to death, and that means that there will be riots if he’s not indicted.”

“As there should be.

The moral is – if you don’t want riots, regardless of whether the shooting was justified (if I were on the Grand Jury, then on the scraps of evidence I’ve seen, I’d indict to let it go to trial – just as if I were on the jury of the trial, I’d acquit barring more evidence) – anyway, the moral is – don’t run a racist police department.

Such civil disturbance is the natural countermeasure to tyranny.

I consider such civil disturbance to be a really, really, REALLY bad thing. I think anyone rational does. That means we have a responsibility to make sure that Law Enforcement is not so manifestly, systemically unjust that regardless of the facts in an individual case, riots are inevitable.

What should be is that there’s a justice system that, even though imperfect, is not so horrible that rational people become irrational and desperate. While there will always be some who are “professional rioters”, without a groundswell of popular sentiment behind them, they’re a small bunch of crims easily dealt with.”

After I carefully picked my jaw off the floor, I wrote this, the Comment of the Day, in response… Continue reading

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The Ferguson Riots: Of Course.

A car burns on the street after a grand jury returned no indictment in the shooting of Michael Brown in Ferguson, Missouri

From Ethics Alarms, August 17, 2014:

IF the evidence supports the conclusion that Brown charged at Wilson, neither the family of the slain teen, nor the African American community in Ferguson, nor the protesters, the race-hustlers, the black and progressive politicians who benefit by preserving racial tension and distrust,  much of the news media and many, many pundits and political bloggers, will change their rhetoric, accusations or the prevailing Ferguson narrative one bit. They need for the narrative as it stands to be true, and want it to be true. Massive confirmation bias will ensure that the death of Mike Brown will be talked about, protested and regarded as an example of racist police oppression of young black men, and the truth, in the end, will be irrelevant.

I hope my prediction is wrong.

But it was not wrong. Everything that has happened since the announcement that the grand jury returned no indictment against Darren Wilson has been inevitable for months, and more so since no responsible steps were taken by the Obama administration to prevent it all. The desultory, disgusted, support-of-the-rule-of-law-by-rote speech by the President tonight, calling for calm while signaling to all by tone, expression and body language that his personal opinion was in conflict with his words, couldn’t have helped.

So now the race-baiters, dividers, bigots, rioters, looters, and hustlers, as well as the rest who have waited for so long to exploit this tragedy for partisan and ideological objectives, have what they want.

My thoughts on the matter from an ethics point of view were stated here a month ago. The riots, lootings and burnings hadn’t happened yet, but otherwise everything is as it was when I wrote…

At this point, confirmation bias has completely taken over the Ferguson story, meaning that a combination of factors—police incompetence; a toxic racial culture in the city and region;  the racial distrust carefully nurtured by Democrats, the Obama Administration, and an irresponsible news media; anger and cynicism by non-black, non-race-baiters over the disgraceful George Zimmerman-Trayvon Martin tragedy;  the slanted reporting of Brown’s shooting from the outset, and especially the full commitment of the civil rights establishment to make this incident the centerpiece of an attack on racial profiling and police violence against blacks regardless of whether the facts of the case justify it—now make any fair resolution of the incident impossible. They also guarantee that whatever occurs, the end result will be police anger, more racial division and distrust, and activists continuing to promote a false or misleading narrative as truth, just as in the Zimmerman-Martin debacle. It is hopeless….

….the activists don’t care, literally don’t care, about [what really happened and why] For them, the issue is simple. A white cop in a racist police department shot an unarmed black teen to death, and that means that it was a racially motivated murder.

The police and their mostly conservative defenders also don’t care about the details. Once again, a dedicated public servant who put his life on the line was forced to use deadly force against a dangerous thug who attacked him, and because the cop is white, is being persecuted and unjustly maligned.

Everyone is poised to see what they want to see, believe what supports their biases and agendas, and shout loudly about injustice regardless of what occurs, fertilizing the ground for the next incident they can exploit, along with cynical politicians.

Good job, everybody.

_______________________

UPDATE: The grand jury documents are beginning to trickle out. Here is Officer Wilson’s testimony.

 

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Why Hasn’t President Obama Made A Formal Appeal To Avoid Violence In Ferguson?

riots

He has an obligation to do so. He is the leader of the nation; he is the most admired figure among African-Americans; he is sworn to uphold the Constitution, which the Ferguson protestors either want to ignore (by rejecting due process of law) or believe is being ignored and abused. He has the bully pulpit; he is a persuasive and eloquent orator when he cares about what he is saying. Most of all, he has an obligation because the rhetoric of his appointees, party leaders, surrogates and the President himself have exploited race as a wedge issue and lowered racial comity in the nation to its most dismal state in decades.

Now the stage is set for blood, with Rodney King-style riots in Missouri and perhaps elsewhere, should the grand jury refuse to indict Officer Darren Wilson. Already the process has been thoroughly corrupted by premature conclusions about what happened the day Michael Brown died, and the civil rights establishment, goaded by Brown’s parents, their opportunistic lawyer, and permanent agitators like Al Sharpton, have made it clear that nothing less than a murder indictment will constitute “justice.” Professional protesters have been recruited; looters and rioters are gleefully anticipating a rumble; local businesses are tripling security; and the National Guard is on alert. The fuse is lit, and the impending explosion will be devastating in monetary, human, spiritual and historical terms. President Obama is the one individual who might be able to put it out.

If he does not, if he does not even try, it will be the greatest failure of a sadly failed Presidency, and nothing will  surpass it no matter what horrors lay ahead.

I do not know why the President has not spoken out already. My best theories:

1. He never acts in a timely fashion, almost literally never. He “leads from behind,” which means that he avoids leading until it is unavoidable, despite the needless harm that results from each delay.

2. He does not want to make the effort and fail, so he would prefer to react to a riot and condemn it, rather than take responsible actions to prevent it.

3. He is so focused on the looming fight of his own making regarding illegal immigrants that he isn’t paying attention.

4. His advisors have told him that there is no political advantage to be gained in making such a speech, and that taking the side of the justice system will be seen as support for a white police officer over “an unarmed teen.”

5. He wants racial unrest because it will dominate the news and take attention from all the other issues—Gruber, the imperiled ACA, Ukraine, Isis, pointless expenditures to stave off climate change, and more—that reflect poorly on him and his administration.

I cannot, however, think of a theory that reflects positively on him as a President, a leader, an American or a human being.

Let me know if you can come up with one, would you? It would sure make me feel better.

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Filed under Character, Ethics Alarms Award Nominee, Ethics Train Wrecks, Government & Politics, Leadership, Race, Rights, U.S. Society

Michael Brown’s Parents Go Rogue

Why wait for U.S. Justice to work, when we can be dictated to by representatives of Chile, Senegal, Georgia, and Mauritius?

Why wait for U.S. justice to work, when we can be dictated to by representatives of Chile, Senegal, Georgia, and Mauritius?

Wherever the line lies where grief and anger no longer excuse irresponsible, irrational and destructive conduct, the parents of slain police shooting victim Michale Brown have charged over it.

On Veterans Day, Lesley McSpadden and Michael Brown Sr. addressed the United Nations Committee Against Torture  in Geneva, Switzerland. The Committee supposedly works to address brutality by governments around the world, but based on this stunt, and stunt it is, the panel is just one more U.N. sham entity with an anti-American agenda. Whatever is going through the minds of Brown’s parents, their willingness to be part of this transparent attack on the U.S. is in the spirit of treason.

“We need answers and we need action. And we have to bring it to the U.N. so they can expose it to the rest of the world, what’s going on in small town Ferguson,” McSpadden told CNN. It should be obvious that neither parent has any direct knowledge of what happened to their son, and would not be allowed to testify in any court proceeding held to determine the truth. That the United Nations would behave otherwise is proof positive of bad will and nasty intent, and for McSpadden and Michael Brown Sr. to participate in this despicable effort makes them accessories to a plot devised by their own nation’s enemies. Continue reading

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If You Can’t See Both Sides Of The Ferguson Mess, Then You Are Too Biased To Be Anything But A Part Of The Problem

two sides

Unfortunately, the group that fits the description in the title appears to be “almost everyone.”

I. The Michael Brown Side.

  • Brown was young. He had his life ahead of him. It is tragic that he died.
  •  Whatever he did, it would not warrant a death sentence in the justice system.
  • He was shot dead, and he did not have a gun or a weapon on him.
  • He was black, shot by a white officer, in a town where African-Americans, for a variety of reasons, do not feel respected, believe they are often harassed, and feel subject to racial discrimination.
  • Brown was shot at multiple times. The average individual can see no reason why that would be necessary.
  • Eyewitnesses report that at the time of the fatal shooting, Brown posed no threat to the officer that would justify the use of deadly force.
  • Important, powerful, respected African-American officials and leaders trusted by the majority of black Americans have stated that that racism is rampant in U.S. society generally, and the justice system specifically.
  • Brown’s body was left lying in the street for hours, in what seemed to be a gesture of disrespect.

The items above do not include the many cynical, dishonesty, manipulative interpretations of the event and false or deceitful assertions that have been used by activists, journalists, advocates and politicians to distort public perception. Bill Maher, for example, flatly says that Brown was murdered. That is not a fact, and no one who didn’t witness the shooting is justified in stating that it is a fact. Continue reading

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