“bias makes you stupid”

This Is Not The Statement Of A Juror In A “Fair Trial” [Updated]

/ Jack Marshall / 16 Comments

This is the first crack in the dam, and there will be more. I was certain this was coming.

Brandon Mitchell, a black, 31-year-old high school basketball coach on the jury that convicted Derk Chauvin, spoke to the Wall Street Journal saying that “staying anonymous wouldn’t help push for change.” If he wants Chauivin to say convicted, he should have kept quiet. From the interview (WSJ has a paywall—sorry):

Mitchell said he was pulled over for no reason by Minneapolis police dozens of times in his early 20s, usually driving his mother’s aging Chrysler Sebring. He said he has always told his players to follow the checklist his mother gave him during these encounters. Take your hat off; announce what you’re doing; be polite; do what you’re told.

Then Mitchell tells the Journal that serving on the jury made him see it was wrong that a person should be so afraid that a police officer could do them harm that they needed to change their behavior, adding,

“That’s also part of the reason why I’m speaking up now because that is a narrative that is horrible…So somebody follows directions or not, they don’t deserve to die. That’s completely ridiculous.”

THEN Mitchell says he “related” to Floyd, saying,

“I just related to it too much.Being big, you know, former athlete and all these things—it just, it really just hit home… It just felt like something that easily could have been me or anybody else that I know.”

Good thinking there, Coach! And America, welcome to the jury system.

Rueful observations in random order:

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Ethics Filips, 4/30/21: Incompetence Amuck [Expanded]

/ Jack Marshall / 24 Comments

1. CVS, our oasis of responsible health care...This really happened to me. At my local CVS this morning, waiting in line for the pharmacy, everything broke down when the trainee clerk couldn’t locate the prescription of the woman in front of me, who said she had received a call telling her to pick it up. The clerk and the supervisor insisted that they had no such prescription, and the supervisor even printed out a sheet showing her last five pick-ups. “Uh, that one on the top—the one with a red circle around it? That’s what I’m here to pick up,” she said, with less venom than I would have used. This completely confused the staffers, who caucused, and asked her to verify various dates. “Why don’t just look in the bin labeled “O” (her surname initial) and see if it’s there?” the woman suggested. They did, and sure enough, there were her pills. I started giggling, and she looked at me and said, soto voce, “Isn’t this scary?”

Then it was my turn. While waiting out this drama, I had noticed three printed signs reading that “The Coronavirus Vaccine is not currently available at any CVS locations. Check cvs.com for updates.” I asked to speak to the pharmacist, and told her that the signs were wrong: my sister and other people I know had been vaccinated at CVSs, and months ago. “Yes, but this CVS doesn’t have the vaccines,” she said. “But that’s not what the signs on your area say,” I pointed out. “They say that NO CVS locations have the vaccine. That is demonstrably untrue, and I would expect CVS staff to know that.”

“Oh,” she shrugged. “Well, it’s easy to change the signs…”

2. Yesterday I saw…

  • An 8 year-old boy, running in a field, completely alone, wearing a mask.
  • A man leaving his home maskless, then putting a mask on as he got into his car.
  • A teacher (we live next to an elementary school) outside with her class. She wore a mask, and so did half of the children.
  • A woman walking her dog on a windy day in Virginia. She had a mask. (The dog did not. Dogs are smart…)

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Undercovers Ethics, 4/27/21

/ Jack Marshall / 20 Comments

Well, here I am trying to write a post in bed. This never works our well, but it’s this or nothing. I have clients waiting, my dog is mad at me for not walking him on a gorgeous day, and I wish I could just soldier through it all. I can’t, though, and feel like an utter failure. I’ve in pain in more than one location, a lower back strain being the latest addition, I’m in the midst of an allergy attack, and all the drugs have made me nauseous and dizzy. But ethics waits for no one, and it certainly isn’t going to wait for the likes of me.

1. This is what “systemic racism” propaganda produces…an op-ed by a civil engineering student from the University of California, Los Angeles, written for the the College Fix documents some of his discussion with the woke-infected on campus. He says he recently took part in an online debate about “systemic racism” during which some UCLA students complained that automatic soap dispensers are racist. One student said the dispensers “don’t see her hands” because of her dark skin. Another student claimed that the dispensers force “black and brown” people to show their palms, “the only light areas of the skin,” before the liquid soap comes out.

Both students are delusional, but this is how the current “racist America all the time everywhere” makes gullible and insecure blacks paranoid and miserable.

2. Blame Mitch McConnell for the “court packing” rationalizations. Last week, a Georgetown law student—poor bastard— confronted Senator Ted Cruz (R-Texas) when he accused Democrats of making a “power grab.””You didn’t see Republicans, when we had control of the Senate, try to rig the game. You didn’t see us try to pack the court,” he said. The law student protested, “How is court packing any different than what the Republicans did in 2016 and 2020?”

“We filled vacancies, that’s not packing the court,” Cruz insisted, as the law student insisted there was no difference between what Republicans refusing to consider President Obama’s nomination of Merrick Garland to replace Justice Scalia, did and what Democrats are now trying to do by expanding the court. “They’re doing something that’s allowed under the Constitution,” the student countered. “It’s not an obstruction to the rule of law if it’s in the law.”

Ugh. Mitch McConnell’s unethical—not illegal—gambit to bury the Garland nomination under a contrived election year rule may have worked, but Republicans will be suffering for it for generations—and they deserve to. No, what the GOP did wasn’t “court packing,” which has had a specific, well-understood meaning since FDR tried it. But the laws student is already adept at the progressive craft of redefining words and concepts to meet whatever goal they are seeking to justify at the moment.

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On Having Rational Arguments With People Who Don’t Want To Be Rational

/ Jack Marshall / 8 Comments

Guest post by Null Pointer

I’m especially grateful for re-postable comment right now, as I still am in searing pain from an oral surgery procedure too disgusting to describe, and drugged to the gills. But ethics moves on, mindful of no man. This one is nicely appropriate, since I am still losing respect for Facebook friends at a breakneck pace, as they have attacked me for suggesting that reasonable doubt existed in the Chauvin trial and that the trial was unfair by any rational standard. It’s like a clinical example of how mobs make themselves stupid and crazy. For example, a lawyer—a lawyer!—wrote this: “Doesn’t “fair” mean fair to both parties?” No! Nothing in the Constitution requires a “fair trial” for the State. Incredible. A progressive lawyer actually thinks it does..or what is ore likely the case, was grasping at straws and got a really stupid one.

I will dedicate this Guest Post (since it arrived in an open forum) by Null Pointer to the sadly MIA (since January) commenter Extradimensional Cephalopod. This is one of his favorite subjects.

It is difficult to engage with someone who is making emotional arguments, but not impossible. You first have to understand person you are engaging with, how they think and why they think the way they do. Throwing facts at brainwashed people isn’t going to do anything, because most people have been taught to ignore facts that don’t align with their viewpoints. Younger people have been increasingly taught in school that feelings out weigh facts. Often the way to reach them is to start with feelings, and move slowly outward from the feelings to the facts. Acknowledge the correctness of their feelings, then explore the way they feel about all the feeder issues around whatever issue you are discussing. Usually you will find that even though they are very dogmatic about some major political issue, they have doubts about some of the related issues. It’s a process, and it takes time. Trying to simply change someone’s mind to your position isn’t going to work, but getting them to think more deeply about their own position will.

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The Democratic Party Has Announced That Discrimination Against Asian-Americans Can Be Justified

/ Jack Marshall / 21 Comments

It can’t.

This was a significant and revealing vote in the Senate last week in many ways.

Senate Democrats united to vote down an amendment from Senate Republicans designed to bar “Federal funding for any institution of higher education that discriminates against Asian Americans in recruitment, applicant review, or admissions.” The addition was proposed for the grandstanding Senate legislation called the “COVID-19 Hate Crimes Act” that would require “expedited review of hate crimes” by the Department of Justice with “online reporting of hate crimes or incidents” and “expand public education campaigns aimed at raising awareness of hate crimes and reaching victims.”

This unnecessary legislation, sponsored by Hawaii Senator Mazie Hirono, passed the Senate 94-1, because nobody is against “hate crimes.” Yet oddly, the Democratic Party, at least in the Senate, appears to be in favor of discrimination against Asian Americans. Why is that? The Yea-Nay vote was 49 – 48, with no Republican voting against the amendment, and not a single Democrat voting for it.

“We have major universities in this country that are discriminating in admissions against Asian-Americans,” Louisiana Republican Senator John Kennedy (R-La) said. “Discrimination is discrimination…This is wrong, it is contemptible, it is odious.” Yes, yes it is. But the current ideology of the political Left now holds that discrimination against whites is good discrimination (they have it coming, after all, the racist bastards!) and discrimination against Asian-Americans is necessary discrimination. The argument is vile, and indefensible in law or ethics, which is why, so far at least, the mainstream news media is burying the story and the vote. The passage of the pandemic hate crimes act is being trumpeted everywhere, perhaps because the news media is complicit in the wildly inflated public belief in the extent of the problem it addresses, but the Democratic rejection of S.Amdt. 1456 is barely mentioned at all. Regarding this, I will repeat the same rhetorical question I asked once already here: “Why is that?”

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Assorted Ethics Items, 4/23/2021: I Can’t Talk Or Eat, But I Can Still Write. And Think, Sort Of…[Finally Corrected!]

/ Jack Marshall / 16 Comments

Well, THAT was certainly unpleasant…made a root canal seem like the warm embrace of a succubus by comparison…

1. An alternate juror in the Chauvin trial gave an interview. She seems like a pretty rational sort, but two comments support the contention that the trial was not a fair one:

  • “I did tell them that I saw the settlement run across the bottom of the screen one day…I was not surprised there was a settlement, but I was surprised they announced it beforehand.” She also said she understood that civil trial and criminal trial standards were different, but the fact that the city essentially announced that its police were liable for Floyd’s death cut the legs out from under Chauvin’s defense.
  • “I did not want to go through rioting and destruction again and I was concerned about people coming to my house if they were not happy with the verdict.” If any jurors feel that way, it’s not a fair trial.

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Wednesday Wrap-Up For A Post-Chauvin Trial America, 2/21/21 [Corrected]

/ Jack Marshall / 8 Comments

I guess I have to come clean: I thought I had posted this before noon. Guess not. So a Morning Warm-Up became a late night wrap up…

1. The trial was a sporting event? I did not know that! ESPN included the Chauvin guilty verdict in its list of important sports news today. Apparently, it’s sports news because a lot of athletes are going to shoot off their mouths about it, spreading ignorance far and wide.

2. Deranged Quote of the Day: “Where are the disabled, queer, poor, gender diverse, dogs of colour and single-parent dog families in Bluey’s Brisbane?” That comes from ABC Everyday’s Beverley Wang. The Disney+ program, we are told :

….is the award-winning, mega-hit animated series about the Heelers, a family of dog-shaped humans — parents Bandit and Chilli, four-year-old Bingo, and six-year-old Bluey — who live in a gorgeous Queenslander with city views, perched on a lush hilltop in sunny Brisbane.

The only way to handle people who poison minds and the the culture with ideas like this is to be merciless, and slap them down with the classic reaction of “Sidney Wang”:

Being nice just enables them.

3. From the False Narrative files: Yahoo! News correspondent Jon Ward authored a piece of counter-factual propaganda headlined, “Chauvin’s guilty verdict is a major milestone in America’s reckoning with racial justice.”  As I have tried to point out repeatedly, there is no evidence that George Floyd’s fate would have been any different if he had been white, Asian-American or a Smurf. None. NONE. There is no evidence that Chauvin was a racist, or that race played any part in his brutal treatment of Floyd. The fact that activists, politicians and the journalists seized on the symbolic imagery of a white cop’s knee on a black man’s neck and exploited it shamelessly doesn’t change the facts. This was not a racial incident. If the jury convicted Chauvin thinking that it was, then they were misled.

Ward’s essay is a good starting place for anyone who wants to understand  how far journalism has sunk.

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Ethics Reflections And Questions On The Chauvin Verdict, Part 2

/ Jack Marshall / 7 Comments

Part 1 is here. As I expected, there was a lot of dubious as well as perceptive commentary after the verdict, and some related events with ethics implications.

1. I’d comment on this, but Ann doesn’t allow comments any more...The only note Althouse had on the verdict was a detached, “I’m sure that is an immense relief to many, many people.” Not to me. I’m not relieved when the justice system allows itself to be dictated to by mobs. Nor am I relieved when racial significance is illicitly attached to a non-racial episode so activists can lie about it.

2. The reason why there was no reason to be “relieved” arrived quickly, in the form of the Democrat reaction to the police shooting of 15-year-old Ma’Khia Bryant in Columbus, Ohio. Body camera footage showed Ma’Khia charging at another young woman apparently preparing to stab her with a knife. Attorney Ben Crump, looking for the next black family he can represent and the next white police officer he can demonize in the press, referred to Ma’Khia as “unarmed” in a tweet. “Squad” member Ayanna Pressley tweeted, “Black girls deserve girlhood — uninterrupted. Black girls deserve to grow up and become women” —apparently even if they kill other black girls on the way to growing up. Senator Sherrod Brown disgracefully tweeted, “While the verdict was being read in the Derek Chauvin trial, Columbus police shot and killed a sixteen-year-old girl. Her name was Ma’Khia Bryant. She should be alive right now.”

Naturally, BLM protests erupted in Columbus. When Ethics Alarms says “Facts Don’t Matter,” I’m not being cute. The push to brand virtually any law enforcement action against black lawbreakers as racist and an example of police misconduct will gather power with each perceived victory. The effort to bully elected officials and juries into discarding due process and sound policy to accomplish this will not stop or weaken until enough Americans have the courage to brave accusations of racism and say “Enough.”

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As The Chauvin Jury Finds The Defendant Guilty As They Were Ordered To Do, The President And Rep. Waters Deny That They Said What They Said

/ Jack Marshall / 15 Comments

But when Yogi Berra denied that he said what he said, it was funny..

In Minneapolis, the jury found Derek Chauvin guilty of unintentional second-degree murder, third-degree murder, and second-degree manslaughter in his role in the death of George Floyd on May 25, 2020.

It would be a defensible verdict if he had received a fair trial, and the jury didn’t fear that they would spark national riots, property destruction and death if they found reasonable doubt. It would have been more defensible if the otherwise competent judge hadn’t botched his obligation to sequester the jury when another Minnesota police officer shot a black man, and riots did occur, with more on the horizon.

It is not a fair trial when a nationally known Congresswoman and the President of the United States publicly declare that, in the words of the Congresswoman, a defendant is “guilty, guilty guilty!”

So now, after polluting the trial and the verdict, both the President and the Congresswoman are engaging in a wretched display of “I didn’t really say what I obviously said and meant to say.”

Yogi Berra this ain’t.

First, here’s Maxine’s hilarious “translation” of what she meant when she told some potential rioters, ““We’ve got to stay in the streets, and we’ve got to demand justice,” Waters said. “I am hopeful that we will get a verdict that says, ‘guilty, guilty, guilty,’ and if we don’t, we cannot go away. We’ve got to get more confrontational. We’ve got to make sure that they know that we mean business.”

“I wanted to be there kind of as Auntie Maxine, to show them that not only do I love them and I support them, but they can count on me to be there with them at this terrible time in all of our lives,” Waters said in her own defense. But she is not their aunt. She is an elected official of the United States of America, and is sworn to uphold the Constitution, which means, among other things, not using her position to urge members of the public to break the law, and not using her influence to deny an American citizen a fair trial.

In another interview, she tried rationalizations instead of masquerade:

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Morning Ethics Expectoration, 4/15/2021: I’m In A Really Bad Mood (And Ethics Is Just A Part Of It…)

/ Jack Marshall / 20 Comments

Let’s see what revoltin’ developments we have accumulated, shall we? But first, some positive news…

1. Bernie Madoff has died in prison. Good. If there was ever a case for using capitol punishment for crimes other than murder and treason, Bernie is it. He was convicted of orchestrating the biggest Ponzi scheme in American history and was serving a 150-year sentence that he managed to escape by dying in prison of natural causes at age 82. He was a stone-cold sociopath who destroyed his family, foundations, charities and lives, all out of greed. On the plus side, his exploits did spawn two excellent dramatic portrayals, one by Robert De Niro and the other by Richard Dreyfuss. I liked Richard’s better, but after his disgusting conduct during the Trump years, Robert is permanently unwelcome to my eyeballs.

So much for the good news…

2. Don’t tell me again how poor Pete Rose deserves to be in the Hall of Fame. Pete was the second Ethics Dunce of them all, way back in 2004, here. Knowing well that baseball had an iron-clad, one strike and you’re out forever rule forbidding players, coaches and managers from betting on games, he did it anyway (as a manager) because, see, he is Pete Rose, and the rules don’t apply to him, but mostly because he’s an idiot. So he got banned from the game and the Hall of Fame despite being the all-time hit leader, ahead of Ty Cobb. He’s a walking, talking ethics corrupter, prompting fans and writers to resort to rationalizations to explain why he should be forgiven.

Now we have this:

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