The Police Traffic Stop Ethics Dilemma

Coltin LeBlanc

The Kim Potter trial in Minnesota has focused special attention on the recurring incidence of police shootings of motorists after traffic stops. Potter, now an ex-cop, fatally shot Daunte Wright when he appeared to be preparing to flee the stop, because she mistakenly drew her gun and fired it instead of her taser. The news media, as usual, is pre-biased against the police, and its analyses have reflected that, despite the fact that stopping a car has frequently proven fatal for many police officers, and there is ample justification for heightened caution and suspicion when approaching a stopped vehicle. The Washington Post unhelpfully issued a fatuous editorial headlined, “Being pulled over for a broken taillight shouldn’t end in death. Too often, it does.” Yes, indeed it does, and this is virtually always because of a combination of uncooperative and alarming behavior by the motorist and a mistaken, excessive, or poor choice of a response by police in the split second the officer has to assess the situation and act.

One way to prevent what “should” never happen is for police to just allow infractions on the highway and never stop cars. That would work. It would also result in some highway deaths caused by the uninhibited law-breaker that “shouldn’t happen,” but there are prices for everything. This is where law enforcement policy will soon arrive if the anti-police lobby gets its way and police are fired and prosecuted every time a driver sets in motion a sequence that ends in his or her own death.

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Morning Ethics Warm-Up, 12/14/21: An Old Treaty, A Bad Dad, Clothes For Seductive Kids, Chris Wallace Trades The Pot For The Kettle, And New York Being New York

I feel like Dean established the standard for this holiday standard, written by lyricist Sammy Cahn and composer Jule Styne (“Gypsy,” “Funny Girl”) in July 1945. World War II inspired so many Christmas and holiday songs, notably “I’ll Be Home For Christmas.”

1. Meeting the terms of a still valid 19th Century treaty seems like an ethical imperative, no? Kim Teehee was selected as the Cherokee people’s first nonvoting U.S. House delegate two years ago; now all that is needed is for the U.S. to make good on a deal it struck with the Cherokee Nation in the 1835 Treaty of New Echota, signed by President Andrew Jackson and ratified by the Senate, promising the tribe a non-voting House delegate. There are apparently some details to work out, among them how to respond when other tribes quite reasonably insist that they also deserve this limited representation in Congress, similar to the what D.C. has. One would think that 180 years is enough time for the complexities to be resolved, especially since the Cherokee Nation’s price for the promise of a non-voting House member was The Trail of Tears, when the tribe was forced to move out of Georgia, Alabama and Tennessee to what is now Oklahoma, with more than 4,000 Cherokees dying along the way. There are an estimated 400,000 Cherokees today.

Why has it taken so long for this to become an issue? Well, as for the U.S., it conveniently “forgot” until historians re-discovered the terms of the treaty 50 years ago. The Cherokees hadn’t pressed the U.S. on meeting its treaty obligations because, as the principle chief of Cherokee Nation, Chuck Hoskin Jr. explains, they had other priorities. “Asserting every detail of that treaty was not on their minds,” he says. “It was surviving.”

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A Musical Ethics Quiz: D.C.’s Biased Jailer

Landerkin fuck

There’s really nothing special about this tweet from a woman named Kathleen Landerkin. I have friends and relatives who might tweet the same sentiments, if they were, you know, vulgar, uncivil clods. They aren’t, fortunately: I don’t consort with vulgar, uncivil clods. However, the tweet above is significant, because Ms. Landerkin is the current Correctional Training Facility (CTF) Deputy Warden at the Department of Corrections in the District of Columbia, and thus assists in overseeing day to day operations, inmate transportation, and case management at the D.C. Jail. The D.C. Jail is where Donald Trump supporting participants in the January 6, 2021 riot at the Capitol are being kept.

Landerkin has been wildly vocal abut her hatred of al things related to Donald Trump, especially his supporters, and has been tweeting rants and nasty messages about those she creatively calls “deplorables” for years. One of the more provocative comments was this one, from 2018:

landerkin-white-people-extinct

Why should anyone care? Well, she has power over the January 6 inmates, and this degree of hostility, which could be fairly called demented, calls into legitimate question her ability to do her job fairly. Or does it? Literally dozens of over-heated tweets were uncovered by an enterprising social media sleuth, so Landerkin took down her account…but not before he reduced them to a video.

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Democratic Party Trump Derangement Actually Does Some Good, Including A Tacit Confession

Trump Derangement

The House last week passed the so-called “Protecting Our Democracy Act” by a near strict party-line margin of 220 to 208. The bill seeks to impose new limits on Presidential power, many of which bi-partisan critics of “the Imperial Presidency” have advocated in the past (including me). Amazingly for anything coming out of the House of Pelosi, it’s a mostly good and reasonable bill….but there’s a catch.

“Disturbingly, the last administration saw our democracy in crisis with a rogue president who trampled over the guardrails protecting our Republic,” Speaker Nancy Pelosi said, framing the proposed law as one more partisan slap at the previous President. “Now, Congress has the solemn responsibility and opportunity to safeguard our democracy, ensuring that past abuses can never be perpetrated by any president of any party.”

Uh, but laws are the “guardrails of democracy,” not “norms,” which are merely what most Presidents have done but didn’t have to. The “norms” trope was one of the most transparently false of the Democratic Party phony Big Lies, and frankly I’m sick of explaining why. Here was one exposition on the topic (Big Lie #6), in which I quoted an earlier EA discussion of the topic:

This deliberately misleading talking point comes from the quieter Siamese Twin of Fake News, Fake History. Every President defies previous norms, or makes up new ones, and the stronger the Presidents involved are, the more norms they shatter. This doesn’t automatically threaten democracy…What threatens democracy is efforts to de-legitimize presidential power as an alternative to winning elections…

The bill passed by the Democrats includes,

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The Worst Loser

Worst losers

It says something, I am not quite sure what, about our deteriorating political culture that the two poorest losers in American Presidential election history were the last two losing candidates, and whoever third place belongs to—Aaron Burr maybe? John Adams? Adlai Stevenson made some ungracious comments after his second defeat by Eisenhower suggesting that Ike’s weak heart would make Nixon President—is too far from them to be seen with the Mt. Palomar telescope.

Hillary Clinton had the title wrapped up, I assumed for all time, after her four-year whine-fest following her defeat by Donald Trump. She announced herself a member of “the resistance,” blamed everyone and everything imaginable except the real culprit (herself), and encouraged surrogates and the news media to attempt various dishonest arguments to cast suspicion on Trump’s victory. Was her refusal to make the traditional statement wishing the new President well and pledging to do what she could in the interest of unity and the national interest the catalyst for the Democrats’ villainous effort to undermine Trump’s Presidency by false accusations, contrived impeachment and ad hominem slurs? Whether it was or not, Clinton openly fumed and seethed about her loss, trapped in the anger stage of grief and never moving on to acceptance.

Donald Trump, of course, passed her in the Bad Loser race like she was standing still once the 2020 election night showed Joe Biden was a winner. Not only did Trump refuse to concede, he continued to insist that the election was rigged and even that he had won…in fact, won by a landslide. He encouraged public protests and employed lawyers who over-promised, made intemperate claims, and either came close to the line of unethical advocacy or crossed it.

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Is Your “Little Library Contributing To the Gentrification” Of Your Black Neighborhood? No, The Problem Is That You’re A Racist And A Hypocrite. Fix It!

Racist library

The New York Times has an astounding, depressing op-ed by a black woman, a “journalist and an author” named Erin Audrey Kaplan in which she announces unequivocally racist, bigoted, anti-white sentiments without a hint of self-awareness. It would be nice to think the Times printed her hateful essay as a “Don’t be like this bigot!” cautionary tale. Knowing the Times as I do, I doubt it.

Kaplan writes that she lives in “a mostly Black and Latino city in southwestern Los Angeles County.” She decided to build a Little Free Library (one of my neighbors in Alexandria has one) in her front yard. The birdhouse-like object (see it in the photo above?) invited pedestrians walking by to borrow (and later return) a book. Kaplan says she erected hers “to signal to my longtime neighbors that we had our own ideas about [community] improvement, and could carry them out in our own way…I envisioned it as a place for my neighbors to stay connected during the pandemic.”

She relates that she took pleasure in observing various neighbors stopping at the tiny library and accepting its friendly invitation, until…

..a young white couple happened by. She writes,

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Now THIS Is Spin…

WILl report

The Wisconsin State Journal’s coverage of the Wisconsin Institute for Law and Liberty’s examination of the 2020 election in the state is headlined, “Conservative law firm’s review of 2020 election: No ‘big steal,’ but plenty of problems” and says in part,

“10-month review of Wisconsin’s 2020 elections conducted by a conservative Milwaukee law firm… found no evidence of the kind of fraud being alleged by allies of former President Donald Trump… who falsely contend last year’s presidential election was ‘stolen.’ At the same time, the Wisconsin Institute for Law and Liberty found ‘it is almost certain’ that ‘the number of votes that did not comply with existing legal requirements exceeded Joe Biden’s margin of victory.’ With the country’s two major political parties sharply at odds over whether the 2020 presidential election was legitimate, the review, released Tuesday, walks a fine line in asserting there were serious problems with the way elections were run in Wisconsin in 2020, but that it’s very unlikely those problems denied a Trump a second term….

The news media just can’t play it straight, particularly where Trump is involved.

Note that the story has to note that it was a “conservative law firm” performing the study, so its results are in question from the start, or at least that’s what the Journal wants readers to assume. Then notice that the claims of a stolen election are unequivocally described as “false,” though the report being discussed found that it’s only “unlikely” that the irregularities their research uncovered “denied a Trump a second term.” Yet if it is indeed “almost certain” that ‘the number of votes that did not comply with existing legal requirements exceeded Joe Biden’s margin of victory,” then it is possible that such votes—just illegal, I guess, but not “fraudulent”?—did “steal ” the election.

Nothing to see here…move along.

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Morning Ethics Warm-Up, 12/8/21: Welcome To Christmas Tree Hell

[Nat King Cole’s rendition of this song always makes me smile: his German is so dreadful. But what a voice! It’s like hot cocoa with a marshmallow melting in it.]

Well, the 8-foot Concolor fir tree goes up today, meaning about four hours of prickles and dead light strands lie ahead. Can’t wait!

I have a Christmas ethics dilemma on which advice would be appreciated. As I think I mentioned, Spuds, who is a canine battering ram, was romping at night in the field behind our house with a group of dog pals when one of the owners, a next door neighbor of thirty years, zigged when she should have zagged and Spuds ran right into her. Her leg was broken in two places, and now her 71-year-old husband is facing caring for her for at least several months, also taking care of their two large Belgian Shepherds, as well as a disabled family member who lives a few houses down the street. Lots of the dog-owners have dropped off holiday food for the couple, and we want to send a nice Harry and David package. How do we frame the gift in a way that sends the implied message we want to convey (“We’re thinking of you, and hope you can enjoy the Christmas in spite of everything”) and not “Please don’t sue us!” ? (I am not at all concerned on that score, for reasons social and legal.) Should Spuds sign the card, along with us?

I’ll be damned before I ask “The Ethicist,” or worse still, “Social Qs”…

1. Look! A competent list for a change! The Independent issued a list of “The Magnificent 20: the Top 2O Westerns of All Time.” I’ve lectured and written about this most ethics-minded and American of film genres, and I was pleasantly surprised that almost all of the Westerns I regard as essential made the list. Graeme Ross, the author, knows his stuff. That doesn’t mean I agree with all of it. I am not a Sergio Leone fan, and consider all of the spaghetti westerns as anti-Westerns at heart, so those are two slots I’d fill differently. As usual “The Searchers” is too high (it’s #1), and “Unforgiven” made the list, a film that I thought was over-rated from the second it came out (Sorry Clint.)

Still, only one of the Westerns included is affirmatively dreadful (Brando’s misbegotten “One-Eyed Jacks”) and an unforgivable choice. On my list (which is longer), “Lonesome Dove” is #1 (“Shane” is #2) but it’s not technically a movie, I guess. I also would include “Silverado” in the top 20. “The Man Who Shot Liberty Valence” is an essential inclusion on such a list; I don’t know how it was missed. Still, a responsible, respectful and fair effort—and John Wayne has more movies on the list than anyone else, even without “The Man Who Shot Liberty Valance.” Good.

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Comment Of The Day: “Ethics Villain: University Of California Prof. Michele Goodwin”

Racist science

What continues to amaze, as pro-abortion supporters and activists throw every conceivable argument they can come up with against the proverbial wall in hopes that one might stick,is how insubstantial, emotional and often intellectually dishonest those arguments are. As the Supreme Court deliberates, we are certain to hear and read many more, and I honestly can say that I am hoping for a legitimate and persuasive one to finally emerge.

What I fear we will get, however, as the arguments do not stick but slide off that wall like wet tissue, is more warnings, threats, insults and jeremiads, like Justice Sotomayor’s despicable “stench” question, which I translate as, “Aren’t you properly terrified that if we don’t just do as the pro-abortion machine demands rather than analyze a difficult problem objectively according to facts, law and ethics, people who have already made up their minds regardless of all of those will be furious?”

The “pro-choice” rhetoric increasingly reminds me of the arguments made by the slave-holding South as thoughtful abolitionists and the anti-slavery sentiment strengthened ten-fold by “Uncle Tom’s Cabin” began backing defenders of “the peculiar institution” into a corner. They primarily invoked invalid or dishonest arguments: “science” and “studies” claiming to prove that black people were not quite human (see above), and did not have the “necessities” (to quote poor Al Campanis a century later) to be free; slavery had been permitted so long that it constituted a betrayal to end it; a Supreme Court ruling had protected the practice, and the way of life that slavery’s practitioners enjoyed and benefited from immensely would be threatened if slavery were banned. These are all essentially the same arguments being advanced today to justify continuing to treat another group of vulnerable and exploited human beings as property and non-humans. The fetus doesn’t deserve human rights because it isn’t “viable” or “cognizent.” A right that has been part of the law for half a century should never be challenged. Roe v. Wade is to the unborn as Dred Scott was to slaves.

And, perhaps most of all, American women have thrived by treating developing babies as disposable by “choice.”

Here is Ryan Harkins’ Comment of the Day addressing the related argument, advanced by a law professor, that the right to kill the offspring of incest and rape is essential to the advancement and success of people like her.

***

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EARLY Morning Ethics Warm-Up. 12/6/2021: Christmas, The Great Stupid, Virtue-Signaling And A Fake Olympics Boycott

Contrary to all predictions, we got our 8 ft, real, live Christmas tree, and it didn’t cost any more than last year. The hero was 40-year neighbor Ted West, who grabbed what we needed at his annual church Christmas tree sale which sold out in less than two days.

It was between Bing and Johnny Mathis for the Christmas season musical kick-off. It had to be Bing.

1. When taste alarms don’t work…Here’s a mall Christmas display.

Crappy Tree

How do these kind of things slip by?

2. Speaking of slipping by… The Tennessee Court of Appeals ruled that a jury room in Giles County named after the United Daughters of the Confederacy and decorated with a Confederate flag as well as a portrait of Jefferson Davis mandated the reversal of a jury conviction of a black defendant for aggravated assault. The defendant objected on the grounds that the jury could not hold fair deliberations in such a room. Though the the trial court disagreed, but the appellate court threw out the verdict, concluding that …[b]ecause the defendant established that the jury was exposed to extraneous information or improper outside influence and because the State failed to sufficiently rebut the presumption of prejudice, the defendant is entitled to a new trial.”

I guess they have really suggestible juries in Tennessee. I cannot imagine my deliberation on a a jury or on anything being influenced by the name of the room I was in or what was hanging on the walls. Prof. Volokh notes,

Juries have deliberated in this room for more than four decades. Presumably, every black defendant convicted in that courtroom can now object and secure a new trial. The Court did not address this issue. And other courts in the state, and probably throughout the south, may have similar deliberation rooms, or even courtrooms. If these opinions catch on, countless convictions will be vacated.

The Ethics Alarms verdicts are that a) it is ridiculous that the jury room wasn’t purged of Lost Cause propaganda decades ago, and b) the court’s ruling is irresponsible virtue-signaling. Continue reading →