Journalism & Media

Not That It Will Do Any Good To Say So, But U.S. Acceptance of Prison Rape Is An Ethics Outrage

/ Jack Marshall / 12 Comments

LOL?

I keep an informal score each television season of how often one of the heroes in a cop or other law enforcement drama will pointedly tell a finally-cornered criminal that he can now look forward to being raped in prison. Of course, this is only representative of the shows I actually see. Even counting only them, however, I have heard such a speech four times in 2011. (The all-time champs in this celebration of prison rape are Dick Wolf’s Law and Order dramas.)

Think about what this means. The scriptwriters are presuming that such a forecast of impending sexual abuse will be enjoyed by the audience, a case of just desserts for the wicked. The casual acceptance of prison rape in America’s penitentiaries is a continuing scandal, and an indictment of our society’s compassion and commitment to the Constitution. Continue reading →

The Media’s Despicable Catch-22 Against Herman Cain

/ Jack Marshall / 41 Comments

Mr. Cain...meet Capt. Yossarian. He'll expain everything.

I have to rub my eyes, slap my forehead, and keep reminding myself that astounding as it seems, many of the same journalists I hear calling the detail-free and meaningless sexual harassment rumors about Herman Cain “devastating” never considered the sexual harassment issue worth discussing during President Clinton’s Monica Lewinsky crisis, and ignored Juanita Broderick’s credible claims that Clinton sexually assaulted her when he was Arkansas Attorney General. Times have changed, have they? How convenient.

CNN’s Gloria Borger, whose sneering daily coverage of all Republican presidential candidates on has to be seen to be believed, asked the Perry campaign operative Cain has accused of leaking the story to Politico what it would mean for Cain’s candidacy “if the sexual harassment charges are true.” That question is incompetent, dishonest and reckless journalism, because there are no “sexual harassment charges,” and there is no possible way that they can be proven “true.” Borger’s phrasing of her question implies that there is a standing accusation of wrongdoing, and there is not; it also suggests that there is a fair process available to determine truth, when there is not. Thus she exploits the public’s ignorance about sexual harassment (which she quite possibly shares) to impugn Cain without a molecule, atom, or photon of evidence. Nothing. Continue reading →

Unethical Quote of the Week: Kim Kardashian

/ Jack Marshall / 4 Comments

Whatever.

“After careful consideration, I have decided to end my marriage. I hope everyone understands this was not an easy decision. I had hoped this marriage was forever, but sometimes things don’t work out as planned.”

—-Kim Kardashian, reality star and cornerstone of the ongoing famous-for-being-famous Kardashian family media scam, announcing her sudden divorce filing –apparently explained to the celebrity gossip site TMZ before being revealed to her soon-to-be ex—-from husband Kris Humphries, to whom she had been married for 72 days.

In the dark days of the Great Depression, unscrupulous promoters held dance marathons across the country, the first “reality shows” since Nero fed Christians to lions for sport in the Roman Colosseum. Desperate people stayed on their feet dancing with only brief rest periods for thousands of hours, with participants getting meals for their suffering and the last couple standing getting a cash prize. Sadistic Americans paid admission fees to watch the carnage. One of the most popular gimmicks in the marathons was the fake wedding, in which the MC would proclaim that two of the courageous contestants had fallen in love, and would be married right on the dance floor. Continue reading →

Five Questions and Answers About The Steven J. Braun Law Firm Halloween Party Outrage

/ Jack Marshall / 18 Comments

Imagine: tasteless Halloween costumes!

Background: New York Times Joe Nocera is stirring up public outrage because some employees of a law firm involved in questionable foreclosure practices attended the firms 2010 Halloween party dressed as homeless people. Photos taken at the Steven J. Baum law firm’s Halloween party last year were passed along to Nocera by a former firm employee.  In one that was posed on the Times site, two party-goers are dressed as  homeless people, with one holding a sign that reads, “I lost my home and I was never served.” Nocera wrote that the costumes show an “appalling lack of compassion.”

Here are ten questions and answers regarding ethics issues raised by the incident. Continue reading →

Herman Cain, the News Media’s New Sarah Palin

/ Jack Marshall / 9 Comments

Calling Herman Cain an Oreo and an Uncle Tom is bad, but comparing him to Sanjaya? Is there no limit to media cruelty?

At least when the media and pundits decided to suspend basic principles of fairness and decency to attack Sarah Palin for the unforgivable crime of being an outspoken conservative woman (even before she had a chance to show she deserved to be attacked for other reasons), she had been nominated for Vice President. Business executive Herman Cain, a similarly reviled aberration from the expected norm as a black Republican, is now getting equally unconscionable journalistic treatment just for getting decent poll numbers.

I will move past the race-based attacks from columnists and the MSNBC hit squad that have explicitly referred to him as an Oreo, an Uncle Tom, a black man who “knows his place,”  “the GOP’s token,” and “the Sanjaya of the Republican field,” as well as the many demeaning references to him as a “joke candidate,” and go right to this weekend, when the Palin standard was on bright display.

Here is part of the interview of Cain on “Face the Nation,” after host Bob Scheiffer showed Cain’s bizarre web ad, which ends with his campaign manager taking a puff on a cigarette:

Continue reading →

Occupy Wall Street: “This Is What We Want!” Finally! Oh…THAT.

/ Jack Marshall / 41 Comments

Time to stop wasting our time.

After more than a month of demonstrations that have cost millions, deflected local governments from vital matters, inconvenienced and clogged cities across the country, invigorated anarchists, communists, fascists, free-loaders and loonies, suckered desperate Democrats into declaring common cause with a mob, and exposed the worst of Left-wing punditry as the embarrassing demagoguery society that it is…and after well-intentioned demonstrators have been robbed, arrested, and injured…the Occupy” movement finally is finally ready to declare what it wants.

It’s about time. Large-scale demonstrations to express “frustration” are the advocacy equivalent of humming, or maybe belching: speak clearly, or get off the street.  On October 9, Ethics Alarms described the Occupy Wall Street demonstration, in the context of pointing out the friendly mainstream media embrace of a left-ish, anti-capitalist mob in contrast to its open contempt for the peaceful, focused and conservative Tea Party, as “incoherently chanting anarchists, radicals and unemployed youths…advocating nothing constructive whatsoever.” Many of the site’s distinguished readers objected to that characterization, with one, blogger Jeff Field,  promising to produce an articulation of what the protest really wants to accomplish. Today he fulfilled that promise by sending me a statement by an “Occupy” supporting group, with his introduction, “This is what we want.” I am genuinely grateful to Jeff…especially since it shows that I was correct in my assessment, however harsh. Continue reading →

The Damage Incompetent Pundits Do: Criminal Defense Misconceptions

/ Jack Marshall / 8 Comments

See? I WARNED you not to listen to Mercedes Colwin!

A couple of months back, I flagged some outrageously mistaken commentary on Sean Hannity’s radio talk show given out by Mercedes Colwin, who is a lawyer but prone to howlers whenever she shows up on Hannity or Fox News, which I suspect favors her for qualities that have nothing to do with her law practice. On the occasion that roused my ire, Colwin suggested that she could not defend a criminal client who told her he was guilty, because she was “an officer of the court.”

This is pundit malpractice grafted to legal incompetence: a defense attorney MUST maintain a client’s legal innocence whether the attorney knows the client is guilty or not, and being an officer of the court has nothing to do with it.

Colwin, who was discussing the Casey Anthony trial, represented herself as an expert and then reinforced the most persistent and most damaging popular misconception about the legal system, which is that there is something unethical about defending guilty criminal clients. The system has to be held to a high standard of due process, and even an “obviously” guilty defendant must be proven guilty with admissible evidence beyond a reasonable doubt. Defense attorneys are there to make sure the state meets its burden of proof by making the strongest argument for their clients’ innocence as possible, whether the defendant has confessed his or her guilt or not. For one thing, a defendant often doesn’t know if he is legally guilty, even if he “did it.” For another, even if he did it, the state still has to prove it.The defense’s job in to make sure it does, Continue reading →

Ethics Quote of the Week: Charles Krauthammer

/ Jack Marshall / 6 Comments

Let's see...nope! Still too good for Gaddafi!

“Under the normal rule of law, truth is only a means for achieving justice, not an end in itself. The real end is determining guilt and assigning punishment. But in war and revolution one cannot have everything. Justice might threaten peace. Therefore peace trumps full justice. Gaddafi could have had such a peace-over-justice compromise. He chose instead to fight to the death. He got what he chose. That fateful decision to fight — and kill — is the prism through which to judge the cruel treatment Gaddafi received in his last hours. It is his refusal to forgo those final crimes, those final shellings of civilians, those final executions of prisoners that justifies his rotten death.”

—- Charles Krauthammer, revered conservative columnist and pundit, in his column rebutting the complaints of human rights activists regarding the rebel execution that took Moammar Gaddafi’s life.

Krauthammer is right, and he is wrong. He is right that no one should feel any pity for Gaddafi, a brutal and inhuman despot who had it entirely within his own power to both save his own life and refrain from killing even more of his countrymen than he had killed already. He is wrong that Gaddafi’s crimes and cruelty suspend civilization’s principles of justice and ethics. Continue reading →

Fox News Inveils the Unethical Poll of the Month AND Inspires a Fun New Pastime: “The Stupid Choices Game”

/ Jack Marshall / 11 Comments

A Stupid Choice classic from my youth!

Fox News is determined to show that America hates the Occupy Wall Street protesters, and keeps devising polls increasingly rigged to make their case. This morning Roger Ailes’ culture warriors unveiled a new one, so intellectually dishonest, so devoid of survey legitimacy, that it made me do a Danny Thomas spit-take that soaked my Washington Post with coffee. The question (Note: This is from memory; as of this writing, I cannot find the exact phrasing posted anywhere. When I have it, I’ll use it. This is a fair approximation, however.): “What would you want your child to do when he or she grows up?” The options: 1. Working on Wall Street 2. Occupying Wall Street 3. Neither.

The “surprising results,” as one of Fox’s cloned blond bimbo news-readers bubbled:

44% chose Wall Street

28% chose Occupy Wall Street

18% chose “Neither”

Fox financial commentator Stuart Varney was shocked that 28% would choose the protesters “who want to redistribute income!” over Wall Street. “I’m sorry,” he said, “but that is un-American.”

Oh, cool your jets, Stuart. The poll is un-American; the 28% are fine, given the dishonest, false choice presented by Fox’s poll. Continue reading →

When Telling The Truth Is An Outrage

/ Jack Marshall / 54 Comments

"Imagine, Jay...the Republicans want to defeat me!"

President Obama visited the Tonight Show last night, and Jay Leno, as is traditional and proper on such occasions, sucked up to him with gusto. In one exchange, the President and Jay tut-tutted about Sen. Mitch McConnell’s infamous statement that the Republican Party’s objective would be to make Obama a one-term president. “How is that a goal?” Jay asked.

Is he serious? Well, okay, I know he’s a comedian and all, so maybe he’s not serious, but all the pundits and journalists and Democrats who have been squealing to the skies for two years about how McConnell’s remark proves that his party is unpatriotic, evil or racist are presumably serious, and it is disingenuous. Continue reading →