Trayvon Martin-George Zimmerman Ethics Train Wreck Post-Bail Update

Sadly, still with a good head of steam...

George Zimmerman has been released on $150,000 bail, prompting more ethical misconduct from the media and the lynch mob on the Left:

  • Cable news was reporting that Martin’s parents are “devastated” at the news of Zimmerman’s release. They should not be devastated that an innocent man (in the eyes of the law) is not being forced to stay in prison for more than a year to await trial, and the fact that they are suggests that vengeance, not “justice”, is their true objective. Meanwhile, for CNN et al. to be reporting this as if releasing a defendant on bail is some kind of gift to Zimmerman or affront to Martin’s family is irresponsible and provocative. The news organizations have an obligation to explain that bail is based on the likelihood that the defendant is not a danger to others and not a flight risk. Zimmerman is neither: he turned himself into police as soon as he was charged, and has ties to the community. In America, we do not keep people in jail before they have been convicted unless it is absolutely unavoidable. Citizens interested in ‘justice” should not be devastated when any fellow citizen is afforded freedom up to and until his guilt of a crime has been proven. It is a right they may need themselves some day. Continue reading

Incompetent Elected Official of the Month: Rep. Jim McGovern (D-Mass.)

Rep. Jim McGovern is the champion of the People’s Rights Amendment, which shows that some people are so violently opposed to the Citizens United ruling that they would be willing to give the government sweeping power to censor speech, political or otherwise. This Pandora’s box of an amendment states:

Section 1.  We the people who ordain and establish this Constitution intend the rights protected by this Constitution to be the rights of natural persons.

Section 2.  People, person, or persons as used in this Constitution does not include corporations, limited liability companies or other corporate entities established by the laws of any state, the United States, or any foreign state, and such corporate entities are subject to such regulation as the people, through their elected state and federal representatives, deem reasonable and are otherwise consistent with the powers of Congress and the States under this Constitution.

Section 3.  Nothing contained herein shall be construed to limit the people’s rights of freedom of speech, freedom of the press, free exercise of religion, and such other rights of the people, which rights are inalienable.

This is playing with Constitutional fire, designed to appeal to gullible citizens who don’t understand how the Constitution limits government power and the danger of  making simple-minded fixes. Prof. Eugene Volokh, an expert on Constitutional law, writes, Continue reading

The Los Angeles Times, War, and the Reckless, Arrogant News Media

The Los Angeles Times feels that you need to see this photo, and sensationalism has nothing to do with it. No, really.

Our national news media, which is as biased as ever, more untrustworthy than ever, and less professional than ever, is also more self-righteous than ever, which, I suppose, figures. The most recent display of self-righteousness, along with gratuitous recklessness and arrogance, is the Los Angeles Times’ decision to publish photos of American soldiers posing happily next to the bloody mess that had been the bodies of Afghan suicide bombers. The Pentagon asked the Times not to run the photos, for obvious reasons. The mission in Afghanistan is hanging by a thread as it is, our relationship with the government and the populace serially wounded by a series of unnecessary events that placed the U.S. in a terrible light: in January, a video of Marines urinating on dead Taliban soldiers; in February, the botched disposal of copies of the Quaran, and shortly thereafter, the rampage of a deranged U.S. soldier, who went door to door killing Afghan civilians. Such episodes, and the publicity they receive, jeopardize American interests and cost lives, as Secretary of Defense Leon Panetta explained while condemning the Times’ irresponsible decision. Continue reading

The Criminal Justice Ethics Breakdown: Unforgivable, Incomprehensible, and Horrifying

"Yeah, that's bad, but can you believe those gas prices?"

There is no longer any way for the defenders of the criminal justice system, or indeed American democracy and its ideals, to deny that thousands, and perhaps tens of thousands, of Americans languish in prison for crimes they did not commit. This fact is so terrible in its implications for the nation, the system, the public and the legal profession that I feel incapable of grasping it all, still, though this has been slowly dawning on me for a long time. Right now, it is all I can manage to escape denial, for the deprivation of so many innocent people of their liberty is my responsibility, as well as yours, and that of everyone else. Even in the midst of serious policy debates over so much else that is vital to our future, how can anyone argue that this isn’t the highest priority of all?

Yesterday, the Washington Post revealed that

“Justice Department officials have known for years that flawed forensic work might have led to the convictions of potentially innocent people, but prosecutors failed to notify defendants or their attorneys even in many cases they knew were troubled. Officials started reviewing the cases in the 1990s after reports that sloppy work by examiners at the FBI lab was producing unreliable forensic evidence in court trials. Instead of releasing those findings, they made them available only to the prosecutors in the affected cases, according to documents and interviews with dozens of officials. Continue reading

Trayvon Ethics Train Wreck, Next Stop: Is George Zimmerman A Ham Sandwich?

It now appears likely that Angela Corey, the special prosecutor appointed by Florida Governor Rick Scott, will bring the Trayvon Martin shooting matter before a grand jury this week. Under Florida law, she doesn’t have to do that: she could issue an indictment or clear shooter George Zimmerman of a crime on her own authority. It is likely, however, that a grand jury will get the job of deciding whether there is probable cause that a crime was committed, and whether Zimmerman was guilty of it.

[UPDATE: CNN just announced that there will be NO grand jury. Corey will make the decision herself. The post now applies solely to her, and her alone.]

In Florida, a grand jury consists of between 15 and 21  jurors, who have been appointed for five to six months of intermittent service. For the grand jury to indict Zimmerman, 12 jurors must decide that an indictment can be supported by the evidence. The grand jury’s final decision may take any amount of time, though seldom more than a week.

New York State chief judge Sol Wachtler famously said that if a prosecutor wants it to happen, a grand jury can be made to indict a ham sandwich. Corey will be the only official who interacts with the jury, and she is already in a nearly impossible ethical dilemma. What if, having reviewed the evidence, she sincerely believes that Zimmerman did not commit a crime? Continue reading

Trayvon Martin Ethics Train Wreck Update: The Wreckage So Far, and The Wreckers

The "George Zimmerman Is a Racist" segment in Clinton Mitchell's high school ethics class.

Gallup released a poll yesterday, showing:

  • African-Americans are nearly five times more likely to be convinced that gunman George Zimmerman is “definitely guilty” of a crime than non-blacks.
  • 75% of African-Americans believe that racial bias led to Martin’s shooting, whereas less than half of non-blacks do, though a majority of the public believe that race was a factor in the tragedy.
  • 73% of blacks, about twice the percentage of the rest of the population,  believe that Zimmerman would have been arrested if the person he shot was white.

What we now have, clearly, is  significant, dangerous, and festering racial distrust, not created solely by the Trayvon Martin incident but exacerbated by it. This can only harm race relations, law enforcement, and the nation generally, and yet it is beyond argument that this divide has been encouraged and nurtured. Obviously the potential already existed, and one would think that responsible figures in public life, the civil rights establishment, elected office and the media would take the responsible course and attempt to minimize the shooting’s potential for increasing racial divisiveness in America.

They did not. Once again, they ripped the scab right off racial healing, and did so recklessly, cruelly, ineptly, and in some cases, maliciously. They are still doing it, or passively allowing it to be done by others. This is wrong, and shockingly so. Rational and fair analysts and observers all along the ideological spectrum should be saying so, but they are not. Fairness and honesty should not partisan issues. Playing the politics of hate and divisiveness is a threat to the fabric of the United States of America and in this case, risks unraveling decades of progress in race relations and understanding. There can be no excuse for it, and yet the primary culprits reside among the most influential and prominent institutions in the country. Journalists. Congress. Civil rights organizations. Pundits. Educators. And the President of the United States. Continue reading

How Extreme Ideology Makes You An Insufferable, Mean-Spirited Jerk: Case Study…William Ayers

Thank you for your service, and of course you can board the airplane before I do. By the way, Bill Ayers says you don't work.

Barack Obama’s friend Bill Ayers and his wife Bernadine Dohrn, the now retired terrorists, found their way to Occupy Wall Street yesterday, which figures, and these murderous Sixties socialists were welcomed as heroes by the OWS crowd, which figures even more.

In the course of their joint rant about how doomed and terrible the United States is, Ayers, who apparently resented not being in the first group to board a recent commercial flight by virtue of his first class ticket, posed this question:

“We’ve got a militarized society and its become so common sense that, getting on the airplane coming out here, the first thing they said was let all the, uhh, let all the ya know, uniformed military get on first and thank you for your service.  And I said as I always do: let’s let the teachers and nurses get on first and thank them for their service.  I mean, why is it that everything military has got to be good and everything that has to do with actual work, real work, not jobs, real work for people, that stuff gets discouraged and marginalized?Continue reading

Ethics Dunces: Residents of Ward 8, District of Columbia

Here’s an all-too-brief synopsis of the political career of Marion Barry, City Councilman for Ward 8 in the District of Columbia

  • As Mayor of Washington, D.C. from 1979- 1991, he appointed unqualified and corrupt cronies to key positions, many of whom, under his watch, either embezzled government funds or otherwise lined their own pockets. Barry set the standard by spending lavishly on his own travel and amenities while keeping the actual expenditures secret. His multiple infidelities to his wife and abuse of cocaine and alcohol was widely publicized. He hired loyal supporters for jobs they either could not or did not do, swelling the D.C. budget and lowering service to abyssal levels. Wards that did not vote his way when he came up for election didn’t get their streets plowed. Contracts were awarded to Barry’s political connections rather than by such quaint criteria as cost-effectiveness and demonstrated  ability to perform. Each year of his tenure, the budget deficit got worse, crime and violence rose, and Barry’s addictions and illegal drug use became more obvious. Finally, he was caught on camera smoking crack, arrested, and forced to resign. The accumulated charges against him, including more than one drug possession charge and multiple counts of perjury still didn’t stick, because Barry Squad jurors hung the jury with absurd claims that the mayor was the victim of a “racist conspiracy.” Continue reading

First Amendment Ethics and the Conundrum of the Despicable Blogger

Attack-blogger Crystal Cox---exercising her rights, jeopardizing yours.

One thing that the public just doesn’t understand about lawyers is that their job sometimes involves fighting for the most despicable people imaginable, because those despicable people have legal objectives they have a right to pursue as citizens, and because the principles underlying the fight are important, even if the particular clients—and often their objectives too–are blights on humanity.

Over at Popehat, Ken has chronicled a classic example, in which First Amendment specialist Eugene Volokh (he of the Volokh Conspiracy) and the Electronic Freedom Foundation are backing blogger Crystal Cox as she appeals a $2.5 million defamation judgment against her, in which an Oregon judge ruled that bloggers did not have the same protection against defamation claims under the First Amendment as journalists do. Cox, of whom I was blissfully unaware until Ken’s post, is clearly the kind of person who is a menace on the internet, lacking basic decency, fairness, scruples and common sense, and yet stimulated by the power that the medium provides her. The signature act that established this for me is revealed by Ken at the top of his post:

“Here’s the most important thing you need to know about blogger and “investigative journalist” Crystal Cox: when she got angry at First Amendment attorney Marc Randazza, she didn’t just register the domains marcrandazza.com and fuckmarcrandazza.com and marcrandazzasucks.com in order to attack him. She registered jenniferrandazza.com and nataliarandazza.com — the names of Randazza’s wife and three-year-old daughter.”

Yup, that’s enough, all right: signature significance. Is there any chance that an individual who would do this even once could be an ethical, reasonable, fair person?  No! Only an unethical creep would even consider such conduct; with a normal person, the ethics alarms would be ringing so loud that they would be paralyzing. Continue reading