Law & Law Enforcement

Sunday Morning Alarms, 4/5/2020: After The First Two Items, You Won’t Want To Read Any More And Will Just Go Back To Bed…

/ Jack Marshall / 7 Comments

….like I did…

1. KABOOM! Pennsylvanian Anita Shaffer, 19, decided to flee her York County home  a week ago for a mental health drive.  On her way back home, two Pennsylvania State Police officers stopped her about her car’s faulty tail-light. While talking with the officers,  Shaffer told them that she was just “going for a drive.” In response, they wrote her a ticket for more than $202.25 for violating the Pennsylvania Governor Tom Wolf’s stay-at-home order.

That’s the citation above. It says Shaffer “failed to abide by the order of the governor and secretary of health issued to control the spread of a communicable disease, requiring the closure of all non-life-sustaining businesses as of 20:00 hours on March 19, 2020. To wit, defendant states that she was ‘going for a drive’ after this violation was in effect,”

State police spokesman Ryan Tarkowski explained the ticket, saying, “Troopers have been encouraged to use contacts with the public as opportunities to reinforce the necessity to abide by stay-at-home orders.”

And how, exactly, does ticketing an individual who is engaged in conduct that cannot possibly infect anyone  accomplish  that?

Well, Tarkowski blathered,  being a soulless bureaucrat incapable of admitting that THE STATE is full of it in this case, “Troopers maintain discretion to warn or issue citations and the decision is specific to the facts and circumstances of a particular encounter.”

Fine. These facts do not justify a ticket by any stretch of the imagination. The officers’ discretion shows they are not qualified to wield the power they have. Indeed, the citation magnifies the extreme arbitrariness of such orders, and their danger when those charged with enforcing them have the judgment of Gestapo officers.

I’m surprised the cops didn’t slap her around a little, shoot her in the kneecap or even rape her, you know, to show the defiant prole who’s boss and not to ever, ever defy Big Brother.

Tarkowski also said Shaffer’s citation is the only one issued for violating the stay-at-home order. It’s good that the police picked a representative one to symbolize the Pennsyvania message to it’s citizens, which is apparently, “You will do as you are told, underlings.”

Well, not to be crude, but screw that.

Shaffer told reporters  she was within her rights to operate her car, and plans on challenging the citation.  Good. And again I ask, where is our vaunted American Civil Liberty Union on this issue? For three years, we have been hearing false cries of outrage about how the President is an autocrat just waiting to crush our civil rights, and now, when the civil rights of citizens are being ignored by tin pot governors all over the country, the ACLU just shrugs and sighs in its bunker, “It’s for the greater good.”

Oh..there was nothing wrong with her tail light. Continue reading →

From Idaho, Common Sense Measures Regarding Transgender Competitors In Women’s Sports

/ Jack Marshall / 10 Comments

Naturally, the common sense measures are being condemned as bigoted and unethical.

Idaho is now Ground Zero in the controversy over the ethical and equitable treatment of transgender individuals. In addition to the newly passed and signed Fairness in Women’s Sports Act, which bans biologically male transgender athletes from competing in women’s sports events,  Idaho Governor Brad Little (a Republican, of course) signed a bill making it more difficult to change the sex designation on a birth certificate.

Ethics Alarms has discussed the transgender/women’s sports controversy in many posts. It’s admittedly a difficult ethics conflict that has played out in many strange ways across the country, including a female high school wrestler transitioning to male being forced to compete against females, and many instances of formerly male athletes competing as women crushing their double-X opposition while giving us photographs like this:

Female athletes who have protested the unfairness of this development, like Martina Navratalova, have been attacked as bigots, while some feminists have predicted that allowing trans athletes to continue to take advantage of their passing through puberty as males will destroy women’s sports, negating the salutary effects of Title IX, the law that made gender discrimination in sports illegal.  Idaho state Rep. Barbara Ehardt , who played basketball at Idaho State University and later coached Division I women’s teams, led the way in pushing the legislation through to law. “If I had had to compete against biological boys and men, I don’t think I would have had the opportunity to play,” she told reporters. “Honestly, I know firsthand that we simply can’t compete against the inherent physiological and scientifically proven advantages that boys and men possess. We simply can’t do it, regardless of any hormone usage.”

Intersex competitors, like Caster Semenya, pose a different ethical problem. Continue reading →

I Have To Ask: Is This Really A Hate Crime?

/ Jack Marshall / 48 Comments

Jose L. Gomez, 19,  is accused of stabbing three members of a family of four, including a 2-year-old and 6-year-old child,  that he encountered in a Texas store. The family was Asian -American, and the FBI’s report states “The suspect indicated that he stabbed the family because he thought the family was Chinese, and infecting people with coronavirus.”

Gomez has been charged with three counts of attempted capital murder and one count of aggravated assault with a deadly weapon. Federal prosecutors are considering adding federal hate crime charges.

Obviously these are serious crimes, but why are they hate crimes? As I read the facts, no hate was necessarily involved, just fear and stupidity. Continue reading →

Pandemic Ethics Dilemma: The Universities And Colleges Need To Keep Their Students’ Money, But They Are No Longer Earning It.

/ Jack Marshall / 32 Comments

A class action lawsuit has been filed against the Arizona Board of Regents, the governing board for Arizona’s three public universities, because the three schools have refused to refund room, board and campus fees to students who were told to leave campus because of the Wuhan virus. Like virtually all US colleges and universities, Arizona State University, University of Arizona and Northern Arizona University, moved their classes online  for the remainder of the Spring  semester. Students who lived on-campus were either told to move out or encouraged to do so. Yet, the  lawsuit says, the Arizona Board of Regents has refused to offer refunds for the unused portion of the students’ room and board and their campus fees. The lawsuit seeks payment of the prorated, unused amounts of room and board and fees that the class members paid but were unable to use.

How can the schools maintain that it is ethical for them to do this? I understand that having to refund the money will be disastrous for them, but they are literally keeping advance payments for services that the schools will no longer provide. I expect to see more such suits, and on the basis of law, equity, ethics and common sense, I don’t see how the institutions can prevail in them. Continue reading →

KABOOM! How Does Someone This Ignorant Of The Law Rise To This Level Of Law Enforcement?

/ Jack Marshall / 20 Comments

Oh, fine. I get up, still groggy, from a perfectly lovely nap, my defenses are down, I’m still savoring that dream where Mookie Betts, Chester A. Arthur and Danny Kaye drop by with some macaroons, and what is the first thing I read?

This–and

KA-BOOM!

There goes my head, all over my office and this transcript I have to read in ten minute increments because it’s so boring. Oh, thank you, thank you so much, City of Seattle and your  ridiculous Chief of Police, Carmen Best! Continue reading →

Pandemic Ethics Overflow, Including The Funniest Story So Far, And Newly Certified Big Lie #9

/ Jack Marshall / 12 Comments

1. The funniest pandemic-related story comes out of Australia, and it goes in the “Scientific incompetence” files. Or maybe the “Sure, we should always trust the judgment of scientists” file. From The Guardian:

An Australian astrophysicist has been admitted to hospital after getting four magnets stuck up his nose in an attempt to invent a device that stops people touching their faces during the coronavirus outbreak.

Dr Daniel Reardon, a research fellow at a Melbourne university, was building a necklace that sounds an alarm on facial contact, when the mishap occurred on Thursday night.

The 27 year-old astrophysicist, who studies pulsars and gravitational waves, said he was trying to liven up the boredom of self-isolation with the four powerful neodymium magnets….“I had a part that detects magnetic fields. I thought that if I built a circuit that could detect the magnetic field, and we wore magnets on our wrists, then it could set off an alarm if you brought it too close to your face…

So he made millions of people around the world slap their foreheads in amazement.

2. About those idiots who drank the fish tank cleaner: The emerging facts, after so many headlines blamed the husband’s death on the President’s misinformation, show this was more fake news. The Arizona woman who said that she and her 68-year-old husband ingested a substance used to clean fish tanks after hearing President Donald Trump enthuse about the potential value of chloroquine (but not fish tank ccleaner constaining the chemical)  as a cure for the Wuhan Virus is a Democrats, opposes Trump, and has given thousands of dollars to Democratic groups and candidates over the last two years. In late February, she gave to a Democratic PAC, the 314 Action Fund, that is part of the  “pro-science resistance.”It has even used the death of her husband to attack the White House.

Now the surviving fish tank-cleaner gourmet admits that she and her husband were both Democrats, not Trump supporters. But she  told NBC News that she took the fish tank cleaner to follow Trump’s advice.  “We saw Trump on TV—every channel—and all of his buddies and that this was safe,” she said last week. “Trump kept saying it was basically pretty much a cure.” Naturally, nobody checked her story: it was too good an opportunity to get Trump.

Now the women admits that she heard about the potential benefits of chloroquine, an antimalarial drug, in news reports, and decided at the “spur of the moment” to try  it “We weren’t big supporters of [Trump], but we did see that they were using it in China and stuff,” Wanda told the Free Beacon. “And we just made a horrible, tragic mistake,” she said. “It was stupid, and it was horrible, and we should have never done it. But it’s done and now I’ve lost my husband….We didn’t think it would kill us. We thought if anything it would help us ‘cus that’s what we’ve been hearing on the news.”

But at least she was able to spin the story so the  the news media would falsely say that the President was responsible for them drinking fish tank cleaner, so it wasn’t a total loss. Continue reading →

Monday Morning Ethics, 3/30/2020: As Another Fun Week Looms…

/ Jack Marshall / 19 Comments

Yes, I’ve been thinking about this episode (“The Shinning”) of “The Simpsons” a lot lately…

Of course, in my case, I’m writing on the walls, “No baseball, no seminars make Jack Go Crazy!”

1. And speaking of people going crazy: the various anti-gun mayors and governors who are arguing that gun stores are “non-essential” are displaying their irrational Second Amendment phobia, much like Ohio and Texas attempting to prohibit abortions as “non-essential” surgery. The ability to self-arm is more essential at times of social disruption than usual. Looting and attacks on homes are just around the corner as resources dwindle and people become desperate, and we already have plenty of evidence that irresponsible, anti-social and unstable members of the public are not as rare as we might wish. The comparisons of the Wuhan virus crisis to zombie scenarios (as in “World War Z”) are invitations to hysteria, but in one respect the analogy is apt. Guns are useful tools to have around in both situations.

2. Good. From CNN:

The Justice Department has started to probe a series of stock transactions made by lawmakers ahead of the sharp market downturn stemming from the spread of coronavirus, according to two people familiar with the matter. The inquiry, which is still in its early stages and being done in coordination with the Securities and Exchange Commission, has so far included outreach from the FBI to at least one lawmaker, Sen. Richard Burr, seeking information about the trades, according to one of the sources. Public scrutiny of the lawmakers’ market activity has centered on whether members of Congress sought to profit from the information they obtained in non-public briefings about the virus epidemic.

And if this causes the Republicans to lose control of the Senate, they deserve it. Burr, in particular, should resign now. He should not be allowed to run for re-election.

3. I would think that this is a slippery slope we don’t want to get on… Continue reading →