Law & Law Enforcement

A New Victim At Umpqua Community College

/ Jack Marshall / 21 Comments

Umpqua

The name of the school was so familiar, I thought I had already written on this issue. But no: the past Ethics Alarms pieces were related—dimly–to the fate of student Kaylyn Willis, but this ethics outrage in involving her is new. In 2015 there was a mass shooting at the school, prompting the usual eruption of finger-pointing and dishonest claims by the anti-gun hysterics. I wrote about the latter here and elsewhere. Obviously, the tragedy is a raw wound, but that’s no excuse for what the school has done to Willis.

In the winter 2021 term, Willis enrolled in “Chronic I,” a class taught by Patrick Harris. Harris assigned students to use “critical imagining” to create stories from the perspective of a person suffering from a chronic disease. For a May, 2021 assignment, Harris asked his students to reflect on the support systems of chronically ill individuals and how a person with a chronic illness might respond to the sudden and unexpected loss of such support. Willis imagined a scenario in which a woman suffering from ALS shoots her husband, who is also her primary caretaker. Her fiction was based on a real case where a jury found a man “not guilty” of murdering his wife and sister-in-law because he suffered from ALS-related mental health issues. She posted her assignment on-line, as she had been directed to do.

Harris, it is fair to say, flipped out. He gave Willis an F, saying, “Do you honestly think that your post on a nursing school assignment was appropriate? Joking about killing your husband? I’m really questioning your critical thinking if you think this was an appropriate discussion post.”  Harris indicated that he viewed her story as particularly offensive after the 2015 shooting on UCC’s campus. 

School officials informed Willis that she was expelled from the program because her post violated its handbook prohibiting “[a]cts which are dishonest, disrespectful, or disruptive.” The Grievance Panel’s written decision stated that Willis’ post was “insensitive” and “failed to take into consideration the events of UCC’s past and the impact her post could have.” Her appeal was denied and she is now unable to seek admission to any other Oregon Consortium Nursing Education programs.

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Thoughts On What An Ethical Solution To The Abortion Ethics Conflict Might Look Like, Part I: 25 Stipulations

/ Jack Marshall / 20 Comments

pregnant-woman-with-friends

This is Labor Day, after all…

Eventually it is irresponsible and cowardly to criticize all of the rhetoric regarding abortion and not make a serious proposal. I feel like I’ve reached that point.

Let’s start with what we have to work with.

25 Stipulations

I have not labored to put these in order of priority or importance, and many constitute “but on the other hand” reflexes upon considering the previous point. I’ll bold the items that seem particularly important as I post them. I am certain that I will miss some or many points that need to be considered as well.

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Chilling Tales Of The Great Stupid: Bette Midler’s Tweets

/ Jack Marshall / 14 Comments

Midler tweet 2

Midelr tweet 3

I love these tweets! The pop music and Broadway diva and actress has provided a cultural, political, anthropological and philosophical artifact for the ages. I could write a book about these twin tweets and what they tell us, not just about Midler, but about a society that produces the kind of celebrity who would produce them.

Where to begin? Well, taken together they are not unethical tweets: I might even argue that they are ethical, because they publicly declare to the world, “I am a complete and utter idiot, and not only do I lack the critical thinking skills of a three-toed sloth, I suffer from a near terminal level of the Dunning-Kruger Effect, being both unable to discern just how stupid I am, but also unable to comprehend the consequences of advertising my disability to the public.” Now there is no excuse for anyone considering having an interaction of any kind with Midler that involves trust—letting her baby-sit a child, for example, or even a guppy—and thus to make the mistake of relying on her judgment. She has none, and has been considerate enough to proclaim it. (Not that she hadn’t provided plenty of evidence before.) The tweets make the world safer. How many social media posts do that?

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“Is We Getting Dummer?” Based On The Mainstream News Media’s Propaganda On The Texas Heartbeat Law, We Is, And That’s What They Want

/ Jack Marshall / 16 Comments

Texas law hysteria

Op-eds that make American dumber shouldn’t be published. There is an op-ed in today’s New York Times by Jamelle Bouie, adding another fact-free rant to the current freak-out over the so-called Texas freak-out law. Bouie chooses to repeat a theme of his from other columns, that the case proves that the Supreme Court “has too much power.” Bouie was first spotted by Ethics Alarms as Slate’s resident race-baiter, a job at which he was embarrassingly bad. Naturally, this qualified him to be added to the New York Times stable of socialists, fantasists and Trump-Deranged fanatics, since one incompetent and biased black columnist (Charles M. Blow) wasn’t enough in these times of “diversity and inclusion.”

Bouie, on the topic of the Supreme Court, literally (which I mean literally) doesn’t know what he is talking about. He is not a lawyer, and if he ever read a whole Supreme Court decision (or had someone knowledgeable explain one to him), I’ve seen no evidence. of it. Guess which of the (incompetent) dissents to the SCOTUS majority decision not to suspend the Texas law when there is no procedural precedent for doing so. Come on, guess! Why Sonia Sotomayor, speaking of “diversity and inclusion,” of course. She was a cynical choice for the Court by Barack Obama, using approximately the same identity-based standards that made Kamala Harris Vice-President.

Non-lawyers love to quote Sotomayor, because she seldom makes legal arguments, just emotional ones. “The court has rewarded the state’s effort to delay federal review of a plainly unconstitutional statute, enacted in disregard of the court’s precedents, through procedural entanglements of the state’s own creation,” she wrote this time, in a snippet being repeated by other pro-abortion hysterics. That’s because the Court doesn’t strike down unconstitutional laws until the government tries to enforce them. What Bouie cites as an example of the Court having too much power is in fact proof that its power is limited.

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Yet Another Texas Abortion Law Freakout Friday Comment Of The Day…

/ Jack Marshall / 55 Comments

2021-foster-care-us

If only someone had killed them first!

(Sorry, I couldn’t resist, given the upcoming commentary.)

I figure if every time Still Spartan graces us with a comment it gets Comment of the Day status, maybe she’ll weigh in more often.

I agree with almost nothing in her post (other than that the Texas law is bonkers and that it will be struck down, contrary to the bleating of the pro-abortion hysterics), but it’s a provocative and well-written opinion.

Here is Still Spartan’s Comment of the Day, which I hereby decree to be on the relevant post, “Texas’s Clever Anti-Abortion Law.” And I wrestled with myself and lost—at the end, I will re-post my original comment to it.

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“A quick internet search informs me that there are over 400,000 unwanted or neglected children living in foster care in the United States right now. Why do we want policies creating more unwanted and/or neglected children? Pro life advocates are quick to point out that there are people lined up take newborns, but yet they don’t seem to want the over 400,000 children who are desperate for homes right now. They also don’t seem to want babies born with special medical needs who often end up in foster care.

“No one seems to care that most girls and women who seek abortions do so out of desperation: poverty, abuse, fear. I have never met a woman who celebrated the fact that she had one, but I have met many who were grateful that it was available — either for one of the reasons I listed above or because of a birth control failure. All of these women I know went on to have children with partners at a later time, when they were financially able to care for a child and were in a safe and stable relationship. If the initial abortion had not happened, their lives most likely would have gone down a different path and these other children would have never come into being — children who have the benefit of a stable and loving home.

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Texas Abortion Law Freakout Friday Continues: Psaki And Althouse

/ Jack Marshall / 12 Comments

Psaki

I. Psaki

The exchange yesterday that Biden White House paid liar Jen Psaki had with reporter Owen Jensen, of the Eternal World Television Network (EWTN), a Catholic news organization, raises this conundrum: if there is persuasive ethical argument for abortion and abortion advocates have been defending Roe v. Wade for half a century, why are they so bad at it?

“Why does the president support abortion when his own Catholic faith teaches abortion is morally wrong?” the reporter asked. It’s a fair question, of course, and one that Joe Biden has (badly) tap-danced around for decades, claiming that he accepts the teachings of his church but refuses to impose his religious beliefs on others. This means, of course, that he believes abortion is murder but advocates it anyway. It is not a serious, honest or ethical position.

Psaki’s answer, as many of her answers do, ducked the question, saying that the President “believes that it’s a woman’s right, it’s a woman’s body and it’s her choice.” It’s a woman’s right to kill a human being? That is what Psaki is saying Biden believes, if he is as faithful as he claims. Typical of her ilk, her answer pretends that the only issue is the woman’s body and rights. Then Jensen asked who Biden thinks “should look out for the unborn child?” That is also a fair question, since Psaki’s answer was a Jumbo: “Unbornd child? What unborn child?”

Her next answer was worse:

“He believes that it’s up to a woman to make those decisions and up to a woman to make those decisions with her doctor. I know you’ve never faced those choices, nor have you ever been pregnant, but for women out there who have faced those choices, this is an incredibly difficult thing.”

An unborn child is either a life, or it isn’t. Biden’s faith states that it is. Despite that, the President believes that a woman can magically make a life a non-life by choosing to do so, along with her doctor How does that work, Jen? Then she stoops to the “men have no right to have a position on abortion” cheat, which would be unnecessary if she had a reasoned, persuasive defense of abortion beyond “Roe v. Wade says it’s a right, so it’s a right.”

No, Jensen’s never been pregnant (but he could be, Biden’s trans constituency should remind her), but he has been a fetus, and so has Psaki. Thus both should recognize the importance of the fetus’s right to exist.

Ah, but the moral and ethical dilemma posed by an unwanted pregnancy is difficult, Jen says. Yes, it’s difficult. Difficulty is not an argument for taking an innocent life. Is this the best a devoted abortion advocate can do under focused questioning? Apparently it is, at least when the advocate is as incompetent as Psaki. Was Sean Spicer really any worse than this hack? I don’t see how, except that he was working for President Trump.

II. Althouse

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Texas Abortion Law Freakout Friday Presents Comment Of The Day And Response 2 On “Texas’s Clever Anti-Abortion Law”

/ Jack Marshall / 8 Comments

Down Syndrome abortion

I guess I could also call this “Isaac Comment of the Day Rebuttal Friday,” but it’s not quite as catchy.

Here is Here’s Johnny’s Comment of the Day on the post, “Texas’s Clever Anti-Abortion Law,” followed by, as in the earlier post today, Isaac’s Comment of the Day response.

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“I am of two minds when it comes to abortion. My left side says people have a right to privacy in medical stuff (especially from government), and an absolute right to control of their own bodies. My right side says killing humans is wrong (mostly).

“The left, generally, when it comes to abortion, shies away from recognizing that a human life is being ended, while otherwise, mostly, proclaim the sanctity of human life. The right, generally, when it comes to abortion, shy away from privacy rights, while, otherwise, mostly, proclaiming that government should just leave us alone.

“The suggestion posed here, that the fetus/unborn child be carried to term and placed for adoption, has merit. The last time I checked, there were a lot of potential adoptive parents.

“But, consider a real-world case that I am all too familiar with. The fetus/unborn child is diagnosed in utero as having Down syndrome. The list of potential adoptive parents shrinks considerably. But, the parents are opposed to abortion, the child is born, and the severity of Down syndrome is far worse than expected. The list of potential adoptive parents would be close to zero. Several surgical procedures are necessary soon after birth, significant expense in money to taxpayers and in both money and time to the parents.
But, the parents never considered placing the child for adoption anyway.
Advance the calendar about a decade and a half. The teen cannot communicate, although she seems to understand some things. She cannot feed herself. She cannot manage using a toilet. She has reached puberty, but cannot manage pads. She can walk, clumsily, but cannot be allowed to wander too far.

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Texas’s Clever Anti-Abortion Law

/ Jack Marshall / 31 Comments

abortion Texas

The Texas law, which went into effect yesterday when the U.S. Supreme Court declined to block it on a 5-4 vote. (Guess which justices were on each side. Next question: Who is buried in Grant’s Tomb?) The law bans abortions after a fetal heartbeat can be detected, which is after about six weeks of pregnancy. Roe v. Wade, the 1973 Supreme Court decision that established a constitutional right to abortion until a fetus was viable (by the medical standards of 50 years ago), would seem to preclude such laws, which other states ( Georgia, Mississippi, Kentucky and Ohio) have passed only to have them held in limbo by the courts The Texas law is the first to be implemented, in part because it approaches the issue from a clever (some might say diabolical) perspective.

The law does not make exceptions for rape or incest, as it should not: if the objective is to protect the human life of the unborn child, how that life came into being is irrelevant. It does permit abortions for health reasons, allowing a termination only if the pregnancy endangers the mother’s life or might lead to “substantial and irreversible impairment of a major bodily function.” The clever part is this: the Texas law doesn’t require state officials to enforce it, meaning that abortions won’t he halted by government action. The Texas law deputizes private citizens to sue anyone who performs an abortion or “aids and abets” a procedure. Any citizen has standing, regardless of connection to the patient, the abortion doctor or the clinic and may sue and recover legal fees along with $10,000 if they win.

This means that the Supreme Court will have to consider not only whether the Texas law in unconstitutional, but whether it can even be challenged in court, what the SCOTUS majority called “complex and novel” procedural questions. Predictably, while the majority opinion was relatively restrained, the dissenters freaked out.

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Ethics Quiz: The Hitler Photo

/ Jack Marshall / 24 Comments

Adolf-Hitler

Officer Craig Eichhammer, a 31-year veteran of the Williamstown, Massachusetts police department, kept a photo of Adolf Hitler in his locker for two decades without incident. Two years ago, the photo was removed and thrown out when when the department staff moved into the new police station. The presence of the photo was raised as part of a lawsuit filed in U.S. District Court in August 2020 by Sgt. Scott McGowan, who claims that he was retaliated against for decrying racial and sexual harassment by the Williamstown police chief.

In his statement to the town manager last year explaining the presence of a photo of Der Fuhrer, Eichhammer wrote that his former partner on the night shift in 1999 was kidded in the station for his supposed resemblance to Adolf. “I stuck the photograph on the locker wall just as one would of possibly hanging a comic strip or picture they thought was funny,” he wrote.

“The photo was out of view and could not be seen even with the locker door open. The photograph was put up for no other reason than a laugh factor poking fun at [his former partner]. The photo was left there and basically forgotten about. It stayed in the same spot for 20 years and no one knew it was there….At no time was it my belief that the picture was nothing more than a figure from a history book,” he added. “I had no ideologies of Nazi Germany, swastikas or anything terrible that happened during WW2. Again, the photo was simply just to get a laugh of the likeness of [his former partner].”

Okaaaay. But predictably, many are not satisfied with the officer’s explanation. A letter demanding his dismissal from the Lawyers’ Committee for Civil Rights Under Law, stated,

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Comment Of The Day:”Ethics Hero: Prof. Jonathan Turley (And The Indefensible Whitewash Of The Shooting Of Ashli Babbitt), Part 1″

/ Jack Marshall / 21 Comments

TOPSHOT-US-POLITICS-ELECTION-TRUMP

As usual when we discuss policing ethics here, the commentary of Jim Hodgson, who actually knows what he is talking about in that field is especially welcome and enlightening. Here is his Comment of the Day on the post, “Ethics Hero: Prof. Jonathan Turley (And The Indefensible Whitewash Of The Shooting Of Ashli Babbitt), Part 1″…

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Three things:

First, I have worked in a crowd-control team facing rioters, and while I had no doubt there were people in the crowds who wanted to harm us, regardless of the the fact that they were unarmed, we used the less-lethal force options at our disposal (riot shields, 36″ riot batons, tear gas) and the crowd control tactics we had learned, to move and disperse the rioters without using deadly force. For me, the January 6th riot seems to be a colossal failure to anticipate and plan for events which were, at the very least foreseeable, and according to some reports, fully expected to occur. With all the demonstrations and protests that occur in DC, I would expect every law enforcement agency in the area to be well-trained in crowd control, and well-equipped to deal with rioters, with comprehensive plans in place.

It remains to be seen what less-lethal force options were available to Capitol Police officers inside the building, but the fact remains that the officer in question was photographed while poised with gun drawn and finger on the trigger, apparently well before the nature of the threat from the rioters was known to any degree of certainty. If rioters had violently fought their way through a variety of defenses including less-lethal force options effectively deployed against them, it would be easier to conclude that a serious threat was posed. But since the rioters gained entry with relatively minimal resistance, no deployment of less-lethal force, and in some cases it seems were even invited into sensitive areas, the “lethal threat” conclusion seems strained. But, if your only tool is a hammer, everything looks like a nail.

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