Author: Jack Marshall

More Lone Juror Ethics: The Slager Trial, Juries, And Justice

/ Jack Marshall / 30 Comments

lone-juror

This was what I was afraid of. It is also why Michael Slager, who is guilty as hell, didn’t plead guilty despite slam-dunk, irrefutable evidence that he executed  African-American Walter Scott as he was fleeing arrest last year. It is why I argued that if Slager ethically cared more about the law, his profession, his community and his country than he did about literally getting away with murder, he was ethically obligated to plead guilty so this couldn’t and wouldn’t happen.

A single juror told the judge in the Slager trial last week that he can’t find the ex-cop guilty. In a letter to the court, the would-be Henry Fonda said, “I cannot in good conscience consider a guilty verdict…I cannot and will not change my mind.”

The jury foreperson confirmed  in a separate note  that it was only one juror who was “having issues” convicting Slager, who pulled over Scott’s car in North Charleston, South Carolina last year, and ended up shooting him in the back while a bystander recorded the killing on video. Circuit Judge Clifton Newman sent the jury back for more deliberation, and they are expected to report on their progress at 9 a.m. Monday.

The lone juror holding out for innocence against eleven wanting to convict is celebrated as a courageous and system-defining stand in “Twelve Angry Men,” but it strains our faith in the system when the facts are like they are in this case. Nonetheless, the possibility of a not guilty verdict in the supposedly open-and-shut case is essential to the integrity of our system’s principle that even the most obviously guilty deserve a competent defense and a trial before a jury of their peers. Either we believe, as it has been said by many, that it is better for 100 guilty defendants to go free than for a single innocent citizen to be convicted, then we have to respect and accept the result when a lone juror seems to violate common sense and law.

Is Slager “more guilty” than O.J.? I could argue that they both deserve punishment, but if one deserves it more than they other, I’d pick Simpson, who killed two people, and wasn’t attempting a lawful arrest. (I could also argue that this kind of shooting by a police officer deserves a harsher punishment, because of his profession and his duties to society.) However we feel, we cannot condemn the lone juror without endorsing summary justice and show trials. If we believe in fair trials, we must believe in not guilty verdicts when a defendant seem obviously guilty, and lone jurors who cannot be convinced of guilt beyond a reasonable doubt.

Taking the other approach—emotion, anger and irrational hate—will be the likes of Elie Mystal, who, I think it is fair to say, needs a vacation. In an embarrassing post on the legal gossip site “Above the Law,” the African-American pundit intentionally misleads his readers by leaving out the key fact that it is only one juror who isn’t convinced by the overwhelming case against Slager, in order to indulge in an anti-white hate-fest: Continue reading →

Ethics Dunce, Unethical Quote Of The Week, And A Kaboom! For Good Measure: Clark University

/ Jack Marshall / 17 Comments

exploding-head6

“Coercion is the use of emotional manipulation to persuade someone to something they may not want to do – like being sexual or performing certain sexual acts. Examples of some coercive statements include: “If you love me you would have sex with me .”, “If you don’t have sex with me I will find someone who will.”, and “I’m not sure I can be with someone who doesn’t want to have sex with me.” Coercive statements are often part of many campus acquaintance rapes. Being coerced into having sex or performing sexual acts is not consenting to having sex and is considered rape/sexual assault.”

—The Clark University Dean of Students office, in its definition of “Rape and Sexual Assault and Related Terms”

That’s right; Clark University’s position was that when a manipulative boy friend or, presumably, girl friend, used the age-old ploy of emotional blackmail to wheedle for sex, it constituted sexual assault. KABOOM! Brains…on…walls, can’t… typxvtu…pfg

OK, I’m better now. The Worchester, Mass. university quietly removed the outrageous definition as soon as it turned up, with appropriate mockery, on the web, and then denied it had ever been there. (This is the place where Instapundit would note the tuition paid by Clark students.)

Writes a stunned Prof. Volokh:

So saying “If you don’t have sex with me I will find someone who will” is “coercion,” and thus means that any resulting sex is not consensual. This means that getting sex that way is “rape and/or sexual assault” (because it’s “coerced sexual contact”), and in particular may well be “acquaintance rape.”

Words fail me — though they apparently failed the Clark University Dean of Students office as well.

It sounds like his head might have exploded too!

Gee, do you think this kind of increasingly common gender bullying and distortion of reason, fairness and logic for ideological ends might have caused some non-racist, non-sexist individuals to wonder what further horrors feminist-pandering President Hillary Clinton would have encouraged, and to vote for someone else? Do you think some non-white supremacists might reasonably conclude that if  eight years of a hard-left, divisive, victim-mongering Democratic administration could lead a school to employ this kind of Orwellian definition to throw young men out of their college, then eight years had done damage enough? Continue reading →

“The 2016 Election Is a Disaster Without a Moral”? Only If You’re In Denial, Mr. Chait!

/ Jack Marshall / 16 Comments
That should be "lessons," plural...

That should be “lessons,” plural...

The many outbursts of  liberal anger, resentment, accusations and denial over the election have been revealing, and not in a good way. Few have been as directly and stubbornly misguided and biased, however, as the current New York Magazine article by Jonathan Chait, with the clickbait title, “The 2016 Election Is a Disaster Without a Moral.”

It is, in essence, yet another example of Democrats attempting to argue away any accountability for their own misfortune, making Chait’s piece itself a denial of several moral lessons, such as “I am the architect of my own destiny,” “Take responsibility for your failures,” and “Don’t blame others for your own mistakes.” The post-election progressive freak-out, of which Chait is a part, also has a very important moral lesson in store, the one embodied in the Serenity Prayer authored by theologian and philosopher Reinhold Niebuhr (1892–1971):

God, grant me the serenity to accept the things I cannot change, the  courage to change the things I can, and wisdom to know the difference.

Clearly, this moral lesson is completely elusive, with pointless recounts underway supported by the Clinton campaign; round the clock complaining about the Electoral College, part of the 225 year-old rules of the game the Democrats accepted when they ran a candidate in the election; unethical and futile attempts intimidate electors or convince them to violate their vows;  embarrassingly infantile laments and near-breakdowns of whining students on college campuses,; and “Not My President!” protests and riots.

The lessons are there to learn, Jonathan, you just don’t want to learn them. He actually writes—and if this isn’t denial, I don’t know what is, “It is hard to think of an election defeat more singularly absent of important lessons.”  What??? To the contrary, it is hard to think of an election that taught more important lessons than this one. Continue reading →

The CNN “Joke About Donald Trump’s Plane Crashing”: Now THAT’S A “Nothingburger”

/ Jack Marshall / 7 Comments

But it’s nice to know that some people at CNN now know how Billy Bush felt.

A website called FTVLive  obtained video of CNN’s Suzanne Malveaux talking to her crew and her producer before going live on CNN, as they waited for Trump’s  press conference. His plane to yet land.

On the video, a producer can be heard saying “When I do this, it means his plane’s landed’ and later, she seems to be saying, dead-pan”That means his plane’s crashed….just kidding” There is some incomprehensible chatter briefly after that.

Thanks to some websites like Mediaite on a slow news day, this gourmet “nothingburger” was widely and critically circulated. “The crew decided to joke around about a pretty grisly topic,” intoned Mediaite’s  Justin Baragona.

This, believe it or not, prompted CNN to issue an apology! This…

“An unfortunate and inappropriate remark was made by one of our producers off camera yesterday. We have apologized to the Trump transition team, and the Producer has been disciplined.”

Oh, balderdash. There was nothing “unfortunate and inappropriate” about that comment, which was not an expression of hostility to Trump, or anything else but on the job self-mockery. I would make that joke. I have made essentially that joke in various settings. At a surprise party for my mother, for example: “OK, I’ll make this sign when she’s coming up the walk, this sign when she’s at the door, this sign if she trips at the door and falls down the stairs, and this sign if she’s attacked by the neighbor’s dog.”  So what? (It got a big laugh by the way. Would Justin have laughed? I don’t care.) Continue reading →

Workplace Dilemma: Do You Really Want To Know What Everyone Else Is Being Paid?

/ Jack Marshall / 20 Comments
Miles Teller, who really showed THEM...

Non-La La Land star Miles Teller, who really showed THEM…

The male star of the buzzy movie musical “La La Land,” which opens next week, is Ryan Gosling. The role was originally offered to Miles Teller, who was a rising hot property and star on the threshold for acing the role of the abused drummer in “Whiplash,” like “La La Land” directed by Damien Chazelle.

But according to the people familiar wit negotiations, Teller was insulted by money he was offered,  a paltry $1 million, primarily because his putative co-star, Emma Stone,was being offered almost $3 million. After some back and forth, Chazelle replaced Teller with Gosling. Thus did Teller lose out on an a rare opportunity to make himself a major star in a film that is widely believed to be an Oscar magnet, and, of course, he won’t have that million dollars, either.

This a particularly vivid example of the ethics dilemma created by comparative salaries. I have not seen or heard of a satisfactory solution to it, from the management side or the labor side. Management would prefer that employees not know what other employees are making, and with good reason. The information can cause envy, bitterness, anger and lawsuits. Every employee has a tendency to believe they are more valuable, and indispensable, than they really are. Of course, some employers want to keep salaries secret because there are disparities that they cannot defend, or that may be illegal. While transparency is desirable to prevent unfair salary differences, however, it can make legitimate disparities untenable. Continue reading →

Note To Prof. Painter On His Teeth Gnashing Over Trump’s Conflicts: “If You Have No Option, You Have No Problem,” or “NOW You Tell Us?”

/ Jack Marshall / 21 Comments

Ethics expert Richard Painter, who was White House ethics counsel from 2005 to 2007, has authored a thorough, convincing and I’m quite certain accurate brief about all the problems arising from soon-to-be President Donald Trump’s vast business connections, and the conflicts of interest they can and will involve. It’s an automatic ethics train wreck. Here’s Painter:

Even absent a quid pro quo, the Emoluments Clause bans payments to an American public official from foreign governments. Yet they will arise whenever foreign diplomats stay in Trump hotels at their governments’ expense; whenever parties are organized by foreign governments in Trump hotels (Bahrain just announced such a party in a Trump hotel this week); whenever loans are made to the company by the Bank of China or any other foreign-government-owned bank; whenever rent is paid by companies controlled by foreign governments with offices in Trump buildings; and whenever there is any other arrangement whereby foreign government money goes into the president’s businesses….How can we expect a Trump administration to rein in loose lending practices, particularly in the real estate sector, when the president himself owes hundreds of millions of dollars to banks? What will he do when a foreign dictator acts up in a country where there is a Trump hotel?

Yikes. Yikes and true. Also Yikes, true, and why are you bringing this up now when there is absolutely nothing that can be done about it? Continue reading →

My Happy Birthday Ethics Quiz: The National Review’s Theory

/ Jack Marshall / 109 Comments

flaming-cake

Today is my annual struggle (since 2009) to try to think of my birthday as something better than “Finding Dad Dead In His Chair Day,” and I must say, Facebook Friends have been especially helpful by sending along happy birthday wishes. Since none of them de-friended me for political differences during and after the campaign, I was intrigued by this essay in the National Review, titled “Ten Reasons Left-Wingers Cut Trump Voters from Their Lives.”

Now as I have made painfully clear, I was no Trump voter, having determined early on that I would sooner undergo a head-transplant from a warthog, even a Bernie-boosting warthog, but I was no Hillary Clinton supporter either, and was especially eager to shoot down particularly stupid memes from OccupyDemocrats, MOVE-ON, and the National Federation of the Brain Debilitated when my friends posted them, which was depressingly often. (Come to think of it, most of those FBFs who are addicted to progressive memes haven’t sent me birthday wishes, the bastards, but then the National Review piece wasn’t called “Ten Reasons Left-Wingers Won’t Say Happy Birthday To Facebook Friends Who Point Out That The Memes They Post Have Been Proven To Cause Retardation In Chimps.

The article is biased, of course: it’s the National Review. Obviously its assertion is over-generalized. But how fair is its general proposition, which is that the 2016 phenomenon of people cutting off friends and family is “one-sided”? Continue reading →

Fake News Ethics: A Quick Audit

/ Jack Marshall / 9 Comments

fake-news

There is…

(1) fake news,

(2) misleading or incompetent reporting,

(3) news that some people call fake because they don’t like its likely effects or implications, and

(4) news that people want others to think is fake so they can peddle their own fake news.

Did genuine, unequivocal fake news affect the 2016 election—that is, the first kind, the kind peddled by hoax sites like The News Nerd, and the Macedonian junk like the story about the Pope endorsing Trump?  There’s no evidence that would suggest or support that. Many voters are naive, gullible, ignorant fools, but still: how many actually changed their votes based on complete fiction? It’s impossible to tell, but stating that this was the case is itself a form of fake news.

Democrats and partisan pundits had been using the “fake news” device to mute the voices of journalists who didn’t follow in lockstep to the mainstream media pro-Democratic march. The IRS scandal, which is real and damning, has been largely ignored by the mainstream news media and called a “nothingburger” in Obama Administration talking points.The assertion that it is a myth that the IRS is using its power to suppress conservative dissent is …..fake news.

Because Fox is the only major news outlet (I do not count the slimy Breitbart websites) that was consistently critical of the Obama administration when it deserved it (and sometimes when it did not), Democrats not-quite-successfully-enough set out to marginalize Fox, calling it “faux news” and pushing the Obama narrative that it wasn’t even a legitimate news source. Obama, in an interview with Rolling Stone (speaking of sources of fake news!), blamed Clinton’s loss in part on “Fox News in every bar and restaurant in big chunks of the country.”

Isn’t that amazing? What gall. It isn’t the fact that the debt (that Obama promised to reduce) is now just short of 20 TRILLION dollars, with Obama adding a record $7.917 trillion to it, it’s that the one news source that actively exposed that fact was available to middle class voters that led to Hillary’s loss.  It wasn’t that the Affordable Care Act didn’t let Americans keep their health care plans as Obama repeatedly swore it would, it was that Fox News kept reminding its viewers of that (as the rest of the news media soft-peddled it) , while also publicizing that thanks to the Affordable Care Act, one’s health care insurance was less affordable unless the government was paying for it. It wasn’t that Hillary Clinton had lied about her e-mail tricks for over a year, the problem was that Fox was responsibly reporting that she was lying, unlike CNN, NBC, and the rest.

You know. Fake news.

As part of an organized effort up and down Democratic groups, ranks, allies and media operatives to de-legitimatize Donald Trump’s victory, the definition of “fake news” has been conveniently expanded. The Washington Post published a jaw-droppingly sloppy, partisan piece last week alleging that

The flood of “fake news” this election season got support from a sophisticated Russian propaganda campaign that created and spread misleading articles online with the goal of punishing Democrat Hillary Clinton, helping Republican Donald Trump and undermining faith in American democracy, say independent researchers who tracked the operation.”

Continue reading →

No Charges In The Keith Scott Shooting, And An Ethics Test For Black Lives Matter

/ Jack Marshall / 52 Comments

stephanie-clemons-thompson-fb-post

Yesterday,  Mecklenburg, North Carolina District Attorney Andrew Murray announced that the investigation into September’s fatal police shooting of Keith Lamont Scott had found no legal wrongdoing. This meant, in addition to the fact that officer Brently Jackson, who is black, would not face trial, that the two-days of riots inflicted on Charlotte after the Scott’s death were even more inexcusable than riots generally are. People who claimed on social media that they had seen the shooting and that Scott was unarmed admitted to investigators that they hadn’t seen what they said they saw. Evidence in the case showed that Scott stepped out of his SUV  holding a gun—his DNA was retrieved from the weapon found at the scene—and ignored at least ten commands from the five officers on the scene to drop it. Individuals who behave like that are likely to get shot, and deserve to be. No case, no outrage, no systemic racism.

Following the shooting, however, this was a Mike Brown encore, complete with angry, loud, false accounts and social media rumors focused on making Scott’s death another rallying point for race-hucksters, politicians who felt they could benefit from dividing the country by color, and irresponsible pundits.

From the Ethics Alarms post on September 21: Continue reading →

Queries On Whatever The Hell This Is

/ Jack Marshall / 21 Comments

back-to-the-future

Newsweek has posted what it calls “Dispatches From The Alternate Universe,” a collection of pre-written news stories and pundit pieces prepared in anticipation of a Hillary Clinton victory.

Some questions:

What is this? A joke? A lament? More comfort blanket solace for distraught progressives?

If this isn’t fake news, what is?

Were there any corresponding “Trump wins” pieces prepared before November 12?

If not, what does that tell us?

Is writing news stories before news occurs ethical? Doesn’t it automatically encourage and nourish bias?

Is Newsweek joining in the current Democratic denial—petitions, recounts, impeachment talk—or mocking it?

Is there a good reason to read this stuff?

__________________

Pointer: Twitchy