As The Fourth Officer Charged In Freddie Gray’s Death Is Correctly Acquitted, What Do African Americans Mean By “Accountable”? [ Partially Restored ]

Lt__Brian_Rice

In Baltimore, Circuit Judge Barry G. Williams acquitted Lt. Brian Rice of all charges  related to Freddie Gray’s arrest and death. As he had with two other officers charged in the case (the trial of the third ended in a hung jury), Judge Williams cleared Rice, ruling that the prosecution hadn’t proved its case. This was the result widely predicted by legal ethics, because it was apparent that State’s Attorney Marilyn Mosby had rushed the decision to prosecute and proceeded without sufficient investigation or evidence.

Williams said prosecutors failed to meet their burden of proving the charges against Rice beyond a reasonable doubt, and instead had asked  the court to rely on “presumptions or assumptions.” He said that the court “cannot be swayed by sympathy, prejudice or public opinion.”

The result spurred a predictable response from activists.”So far, nobody’s been guilty for this man’s death,” said protester Dornell Brown. “Nobody’s been held accountable. Verdict after verdict after verdict, they’ve been getting off. Who’s gonna be held accountable for that man’s death?”  “This is a man who had chain of command responsibility for Freddie Gray and so he should be held responsible and accountable for what happened to Freddie Gray,” Brian Dolge, another protester said. Protester Arthur Johnson, who has held a sign outside of each of the four trials of the officers  connected with Gray’s death, said,

“It’s just what I and the community expected. You’ve got an individual that interacts with six other individuals over something trivial and that individual ends up dead and we can’t even get reckless endangerment.”

[ NOTICE: This is all I could recover from the original post, which was up, then disappeared when some glitch crashed it with the last Melania post. More than a thousand words followed, and it was, I think, an important post, but I have neither the time nor the heart to try to reconstruct it. So, with apologies, I will summarize the main points

. I also apologize for the comments to that post, which somehow ended up with Melania, where they now make no sense. I had to delete them. Ugh. This has never happened before. I hope it doesn’t happen again., though because I don’t know why it happened at all, that is just a hope.]

In summation:

1. These statements represent a false definition of accountability and justice. The concept appears to be that any time a black citizen dies at the hands of a police officer without incontrovertible  proof that the citizen was threatening the life of the officer with a deadly weapon, accountability mandates criminal charges, a trial, and a conviction. Anything less is not justice or accountability.

2. This is not American justice, and should not be. No charges should be brought without probable cause and sufficient evidence to convict. No conviction should occur unless a fair trial finds an officer guilty beyond a reasonable doubt.

3. The version of justice and accountability that black activists are promoting is ancient tribal justice, primitive justice based on “an eye for an eye” and vengeance. Unless blood pays for blood, there has been no accountability.

4.  Disgracefully, States Attorney Marilyn Mosby pandered to this dangerous and retrograde version of  accountability and justice, further entrenching it and validating it in Baltimore and the black community nationally.

5. In fact, there has been accountability for the death of  Gray. Baltimore paid a multi-million dollar settlement to Gray’s family for the acts of the city’s employees resulting in Gray’s demise. It is likely that some of the police officers, perhaps all, will face administrative discipline.

6. Why does the African-American community so widely reject the evolved justice system of modern America? Sociologists can argue about that. I believe it is a result of frustration, history, the problem of living in high crime areas, and confirmation bias. There is also great and dangerous ignorance across all segments of the public regarding how the justice system works, and why. Tribal justice, like gang justice, is simple: one of us has dies, so the killer must be punished. The details don’t matter. It takes no knowledge or understanding of jurisprudence to conclude that if “one of us” is hurt or killed, the responsible party has to suffer.

7. There will be no resolution to the current societal divide  and racial distrust until there is a threshold consensus on what accountability and justice means in this society. What has occurred in the Gray trials is justice. The prosecution failed its burden of proof. African Americans benefit from that standards of justice too.

8. Unless some eminent, trusted, respected, persuasive, and influential black leaders have the courage to confront black activists and make them understand that the versions of accountability and justice they are demonstrating for are destructive, divisive and wrong, the police/black and black/white conflicts will become more bitter.

Ethics Dilemma: What Do You Do With Steve King?

Steve King

Congressman Steve King (R-Iowa) is an infamous loose cannon, as well as being Cro-Magnon in his politics. He is prone to misstatements, colorful hyperbole and utter nonsense. There are head-scratching lists all over the web of his “greatest hits.”  Once, for example, he suggested that “For every time we give amnesty to an illegal immigrant, we would just deport a liberal.” OK, that was tongue in cheek (I hope), if hardly helpful to the cause of mutual respect and comity, but this probably wasn’t:

“If there is a sexual predator out there who has impregnated a young girl. Say a thirteen year old girl; and it happens in America more times than you and I would like to think. That sexual predator could pick that girl up off the playground at the middle school and haul her across the state line and force her to get an abortion to irradiate the evidence of his crime and bring her back and drop her off at the swing set and that’s not against the law in the United States of America.”

Actually, that would violate a number of laws, but never mind: Rep. King is an ultra-conservative idiot, and “the Julie Principle” applies: fish gotta swim and birds gotta fly.” If the good people of Iowa want someone like this to be one of their voices in the House, so be it, but don’t expect me to eat as much corn as I might otherwise.  Unfortunately, though, elected officials whose minds and tongues are not well connected to each other and who lack ethics alarms as well eventually get themselves into real trouble, unless they are nominated as the Republican candidate for President, like Steve King’s favorite orange tycoon.

The cock finally crowed for Steve King this week when, appearing on MSNBC  (which loves to book really stupid Republicans and conservatives because it makes all Republicans and conservatives look as stupid as MSNBC’s audience thinks they are) leftist pundit Charles Pierce engaged in typical ageist, racist-baiting that good progressives think is perfectly fine. He sneered about “old white people” controlling the  GOP and said that Republican convention was filled with “loud, unhappy, dissatisfied white people.”

Naturally, Steve King saw this as his signal to embrace white supremacy, saying..

“This whole ‘white people’ business, though, does get a little tired, Charlie. I mean, I’d ask you to go back through history and figure out, where are these contributions that have been made by these other categories of people that you’re talking about? Where did any other sub-group of people contribute to civilization?”

Excellent timing, Congressman! Here is the nation on the verge of racial conflict, with police being targeting for death and afraid to police, while the black community is being convinced that a white justice system is biased against them, and you start talking like a Grand Dragon on national TV. Continue reading →

KABOOM! An Unethical Quote Of The Week So Outrageous That It Made My Head Explode…By Ben Carson

headexplode

“If Melania’s speech is similar to Michelle Obama’s speech, that should make us all very happy because we should be saying, whether we’re Democrats or Republicans, we share the same values. If we happen to share values, we should celebrate that, not try to make it into a controversy.”

—Dr. Ben Carson, making an absurd but original argument to justify Melania Trump’s plagiarism.

What?

WHAT???

Observations while I clean up bits of my skull and brain and get the superglue: Continue reading →

Pay Heed Or Else: The Ethics Fiasco That Was The GOP-Trump Convention’s First Day

GOP convention

Just think: this was what having Donald Trump at the center and calling the shots did to a convention and a political party in a single day.

Imagine what can happen to  the country in four years..

Here are examples of what Trump’s leadership, values and “best people” bring, as illustrated by Day #1 at the 2106 Republican National Convention:

  • Before the evening program commenced, a rebellion of anti-Trump delegates (they wanted to pass a rule unbinding the delegates so they could, you know, vote to nominate someone qualified, at least comparatively) was suppressed with y strong-arm tactics by the Trump-controlled leadership, which blocked an attempt to require a roll call. At one point the podium was abandoned to stallthe uprising, leaving the session without a moderator. Conservative pundit and Weekly Standard publisher Bill Kristol said the proceedings resembled the strong-arm tactics of Russian President Vladimir Putin. The clash resulted in the entire delegations from Utah and Colorado walking out, and reportedly they are both gone for good. The episode might not have descended into totalitarian territory had not Speaker Paul Ryan, who normally would have had the gavel, chosen to organize his sock drawer rather than attend the convention and fight for the integrity and honor of the party he is supposed to lead.

Brave, Mr. Speaker.

  • In the aftermath of this mess, Gary Emineth, a top GOP fundraiser who had joined the Trump campaign resigned in protest,  texting his resignation to RNC chair Reince Priebus.  “I was on the Trump finance committee and I just resigned because that bully tactic is absurd,” Emineth told reporters. “Why can’t the people be heard? …You don’t do this in America. You do this in other countries.”
  • It was discovered that washed-up and aging former teen heart-throb Scott Baio (“Happy Days,” “Charles in Charge,” and my personal favorite, the desperate, pathetic, self-flagellating reality show, ” Scott Baio Is 45…and Single” ) who inexplicably was one of the speakers last night (David Cassidy was apparently unavailable), had posted this on twitter:

Baio tweet

Stay classy, Chachi!  (See: “A Nation of Assholes,” 9/10/15)

A nation that regards the political views of Scott Baio as worthy of a national forum is too crude and trivial to survive, I fear. Continue reading →

For The Donald Trump Files: Now THIS Is Signature Significance!

trumpence 60 minutes

I confess that I started to watch the Leslie Stahl “60 Minutes” interview with Donald Trump and his newly-named running mate Mike Pence, but I abandoned ship almost immediately. It was too horrible. Watching Trump (I have a similar reaction to watching Hillary) just makes me depressed, furious, and confused. As John Adams sings at the musical climax of 1776, does  anybody see what I see?

Well, I know millions do, but not nearly enough, soon enough. This Republican National Convention is a part of a national tragedy. The only question is how great the tragedy will be.

Now that I have read the transcript, I realize that I bailed shortly before the smokiest smoking gun of the many in the whole interview. This exchange, more than any other in the segment, compels the question to any Trump supporter: How can you possibly want to hire a guy like this to be your leader?  Perhaps it is more appropriate  to pose a different question, to pose it to the staggering party gathering in Cleveland to nominate this fool: How could you allow this to happen?

I wouldn’t hire someone who speaks and reasons like this to work for me in any capacity, however lowly, requiring trust, judgment or intelligence. It is signature significance as a whole, and in its parts. An intelligent, trustworthy, ethical person could never give such an interview, not in private, not in public, certainly not on national TV.

Here is the jaw-dropping exchange; I’ll mark the important sections A-K for exposition: Continue reading →

Unethical Quote Of The Week: Politico

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“This is the fundamental tension of being Clinton’s chief speechwriter: How do you write effectively for a policy-driven candidate who is allergic to campaign-speak? …But it’s also deeper than just a speechwriting problem: It’s about how the most experienced person to ever run for the White House continues to struggle with one of the most basic parts of the job: committing to a message that helps establish a general sense of affection from the electorate.

—-Annie Karnie in Politico, in a post called “Has Hillary finally found her voice?”

The news media has become so biased, so incompetent, so arrogant and so dishonest that I could fill this blog every day with only posts aimed at exposing the horrific and damaging “profession” of journalism. The increasing boldness with which reporters and editors aim to manipulate public opinion and government policy by intentional disinformation is staggering. In focusing on Politico’s Big Lie about Hillary’s credentials, I chose not to write about several others, such as, for example, Cincinnati Enquirer reporter Jessie Balmert, who wrote that the number of murders in the U.S. last year was 15 times higher than it actually was. Another candidate was liberal website ThinkProgress, which headlined a story “GOP Platform Proposes To Get Rid Of National Parks And National Forests.” (It proposes nothing of the sort, but ThinkProgress’s false headline operates as both clickbait and confirmation bias fodder for its readers.)

I chose Politico’s bland statement as fact what is not a fact, but rather easily disprovable pro-Hillary propaganda, because this technique is so insidious. The  biased news media repeats falsity over and over again until it is accepted as truth. No, Trump did not say that “Mexican immigrants were rapists.” No, equally qualified women do not get only 77 cents for every dollar paid to their male counterparts. Those two examples however, have some arguments, however unfair and warped, to justify them. By no possible interpretation can it be claimed that Hillary Clinton is “the most experienced person to ever run for the White House.”  It is an unequivocal falsehood, perpetuated by the news media out of incompetence and ignorance, or in order to intentionally mislead the public. Continue reading →

Condign Justice For An Ethics Dunce

Chris Christie

The only contemporary writer who regularly uses the term “condign justice” is George Will, who uses it frequently. “Condign” is usually paired with “justice” or “punishment,” and means “well-earned,” “appropriate,” or “deserved.”

Donald Trump screwed over New Jersey Governor Chris Christie, who foolishly believed that his cynical endorsement of Trump could buy him a Vice-Presidential slot on a Trump ticket. Christie probably didn’t have a direct quid pro quo deal with Trump; he’s a good enough lawyer to know that this would have been illegal. He probably thought he had an “understanding.” How he could not have had an understanding that he was re-enacting the fable of the frog and the scorpion with him playing the role of the amphibian is a mystery. Trump is untrustworthy. Trump is a con man. Doesn’t everyone know that? We know Christie knows that, because he has said so.

Make no mistake: if and when Donald Trump takes the Oath of Office at the Capitol, Chris Christie will be one of the primary figures accountable for that national disaster. (I am beginning to think #1 will be the Democratic Party and its followers, who could not do a better job of making Trump look like the safer of two risky alternatives if they tried.) When the governor made his endorsement, Ethics Alarms awarded him its rarely given Ethics Villain designation. As the one candidate who could match Trump’s bluntness and audacity without the overwhelming stench of ignorance, Christie was the  Republican challenger with the skills and credentials to take Trump out. Instead, he avoided direct confrontation with Trump in the debates and instead symbolically disemboweled Trump’s other most dangerous opponent, Marco Rubio. Then Christie dropped out, and conferred legitimacy on the blowhard by becoming the first non-wacko holding an important elected position to endorse him.

Uck, yechh, blech, gag. Continue reading →

Comment of the Day: “Prelude: Intent, Gross Negligence, And ‘Extremely Careless’”

eyes closed driving

Long-time commenter (and blogger) Glenn Logan has authored not one but three COTD-worthy posts of late. I have chosen his commentary on the gross negligence/extremely careless distinction for the honor, but any of them would have been worthy choices. You can find the others in the threads here and here.

Before I get to Glenn, I want to point out that a recent and ridiculous news story illustrated the difficulty of the gross negligence/extreme carelessness distinction perfectly:

A North Florida woman is saying her prayers after running her car into a home — after saying her prayers.

The 28-year-old woman was driving in the tiny town of Mary Esther, located west of Fort Walton Beach in the Florida Panhandle. Deputies from the Okaloosa County Sheriff’s Office say the driver told them she was praying and had her eyes closed before the incident took place.

According to NWFDailyNews.com, authorities say she ran a stop sign, going through an intersection and into the yard of a home. The driver tried to back out, but her car got stuck in sand and dirt around the home. No one was hurt inside the home and the driver was taken to a nearby hospital for evaluation. She was cited for reckless driving with property damage.

Gross negligence would be praying, driving, and closing her eyes knowing well that it endangered others, and doing it anyway. Extremely careless would be praying, driving, and closing her eyes assuming that no harm would come of it, perhaps because God would be driving the car. “Reckless,” however, may cover both.

Here is Glenn’s Comment of the Day on the post, “Prelude: Intent, Gross Negligence, And ‘Extremely Careless’”: Continue reading →

Four Supreme Court Decisions: Abortion, Guns, Affirmative Action, Corruption…And Ethics. Part 3: Whole Woman’s Health v. Hellerstedt

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[The Supreme Court came down with four controversial and ideologically contentious decisions in June, and I apologize for taking almost a month to cover them all. One of the reasons Ethics Alarms occasionally launches a series like this one is to ensure that developing ethics stories of importance do not push important issues to the sidelines. The fact that this four part series had only finished parts 1 and 2 was an irritant to me, as well as some readers.]

In Whole Woman’s Health v. Hellerstedt, decided on June 27, the Supreme Court held in a 5-3 majority that two provisions of a Texas law, one requiring physicians who perform abortions to have admitting privileges at a nearby hospital and another requiring abortion clinics in the state to have facilities comparable to an ambulatory surgical center,  places a substantial and unconstitutional obstacle in the path of women seeking an abortion, because they constituted an undue burden on abortion access.

Life would be so much simpler if our elected officials and activists employed an adaptation of the Golden Rule, and looked objectively at issues from the other side’s point of view. This is especially true in the realm of rights.  Second Amendment absolutists insist that virtually any laws regulating who can purchase guns, when and where they can purchase them, and how and how quickly they can be purchased are efforts to whittle away the right to bear arms. They also argue that such regulations have the ultimate goal of  eliminating that right entirely, which, in many instances is the case, especially if you listen carefully to the rhetoric of the legislators proposing such measures. There is little difference from this and what anti-abortion advocates are attempting to do with laws like House Bill 2 (H. B. 2).

The bill ostensibly is designed to make abortions safer, thus protecting women’s health, just as many gun laws are promoted as safety measures. Oddly, virtually all of the supporters of the Texas bill would make abortion illegal if they could. I’m sure it’s just a coincidence, just as it’s a coincidence that the authors of bills requiring potential gun owners to jump through increasingly burdensome hoops and deal with mandatory trigger locks and “safe gun” technology would gladly repeal the Second Amendment if they could. The ethical principle is the same in both matters: a right isn’t a right if legal obstacles make it difficult to exercise that right.

The question is, what’s a reasonable obstacle? Any regulation imposed on a constitutional right must not create “a substantial obstacle” and must be reasonably related to “a legitimate state interest.” The Supreme Court uses the language and logic of case precedents, which are its previous examinations of these issues and the balancing they require. One such case, though I did not find it mentioned in the majority opinion or dissents in Hellerstedt, would be the voter ID decision of many years ago, in which a strong majority ruled that the state interest in preventing fraudulent voters and maintaining the integrity of the election process justified inconveniencing those who were subjected to the extra burden of obtaining appropriate identification. In recent years, this decision has been questioned because many believe the motive behind voter ID laws is not really to protect the franchise, but to keep likely Democratic voting blocs from the polls.

Is there a difference legally between a bill that is authored with the intent to restrict the right to vote of older, poorer, and darker citizens while claiming that its sole purpose is to make sure non-citizens don’t affect the results of elections, and an identical  bill that is genuinely intended to safeguard the voting rolls, without any political motive at all? No, or at least there shouldn’t be. The Court’s job is to evaluate what the law does, not try to read the minds and hearts of those who wrote it. Justices only should try to do the latter when there is a debate over what the law says.

Ethically, however, there is a significant difference between a law using a public purpose as a sham to accomplish unethical ends, and a law with a legitimate purpose that has some negative side effects. Trying to restrict a citizen’s rights because one doesn’t respect those rights (or perhaps the citizen) is unethical.

The SCOTUS majority, in its typical examination of a balancing case like this, looked at whether there was a sufficient public safety benefit to a law that had resulted in a precipitous reduction in abortion services: Continue reading →

Ethics Quote—But Not Necessarily ETHICAL Quote!—Of The Month: Supreme Court Justice Ruth Bader Ginsburg

i-was-wrong

“On reflection, my recent remarks in response to press inquiries were ill-advised and I regret making them. Judges should avoid commenting on a candidate for public office. In the future I will be more circumspect.”

—- Justice Ruth Bader Ginsberg, officially apologizing for making remarks sharply critical of Donald Trump last week, including suggesting (in jest) that if her were elected President, she might “move to New Zealand.”

Observations:

1. Supreme Court justices almost never apologize, and I only say “almost” because I can’t do enough research right now to safely say “never.” They don’t apologize because the don’t have to: they are, ethically, a law unto themselves, and accountable to nobody unless impeached and convicted. (Justice Samuel Chase, was impeached by the U.S. House of Representatives on March 12, 1804, on charges of arbitrary and oppressive conduct of trials; it was a purely political attack. He was, correctly, acquitted by the U.S. Senate on March 1, 1805.)

2. An apology was appropriate, however. Justice Ginsberg proved herself smarter, better, more ethical and more principled than the embarrassing, crypto-facsist “these are not ordinary times” crowd, including the folks at Salon and other left-wing blogs, this guy, and too many of my dear friends on Facebook, whose expressed opinions really are beginning to make me wonder if they will solemnly send me to a Lobotomy Man when I oppose President Clinton’s declaration of open borders, ban on fossil fuels, race and gender quota in all hiring and admissions to (free) colleges, and confiscation of 50% of my property to help pay for national health care including late-term abortion on demand and tax-payer funded recreational drugs.

3. She apologized because any fool could see that her comments did undermine trust in the institution of the Supreme Court, and that her critics were right. Some of my more misguided colleague in the legal ethics field opined that it was silly to think that Justices don’t have political opinions and biases, just as it is silly to think journalists do not, so why shouldn’t she exercise her First Amendment rights? This  lame notion was decisively rebutted by a lawyer whose name I wish I could reveal, except that his comments were on a private list. He wrote in part… Continue reading →