Law & Law Enforcement

The San Quentin Ethics Conflict

/ Jack Marshall / 36 Comments

California’s First Court of Appeals has ordered San Quentin State Prison to transfer or release about 1,700 inmates. That’s 50% of the prison population there, an edict based on the theory that San Quentin officials have not done enough to protect inmates from the pandemic. “We agree that respondents — the Warden and CDCR — have acted with deliberate indifference and relief is warranted,” the court said in its opinion last week.

50% was the figure recommended by a team of experts after they investigated the viral spread that has killed dozens and sickened hundreds at San Quentin’s maximum security facillity. The inmate reduction could be achieved through a combination of transfers and early releases, the court said.

The California Department of Corrections opposes the order. “Since March, the department has released more than 21,000 persons, resulting in the lowest prison population in decades. Additionally, we have implemented response and mitigation efforts across the system,” it argued in a statement. “As of today, CDCR’s COVID-19 cases are the lowest they have been since May (493 cases reported today, and over 14,000 resolved), with San Quentin recording only one new case among the incarcerated population in nearly a month.”

The Wuhan virus has infected more than 200,000 prison and jail inmates. Nearly 1,300 have died as a result, according to a New York Times database.  Civil rights organizations have argued for the release of inmates across the country, using the 8th Amendment prohibition against cruel and unusual punishment as their justification. San Quentin presents a particularly tough ethical trade-off. In its opinion, the court ruled that the state prison system had shown “deliberate indifference” to the safety and health of San Quentin’s inmates by not taking sufficient measures to protect them. This, the court wrote, was “morally indefensible and constitutionally untenable.”

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Saturday Ethics Bits and Pieces, 10/24/2020: Sushi And Coyotes

/ Jack Marshall / 35 Comments

1. Another day, another police shooting where the black victim entirely brought his fate upon himself, resulting in, of course, another protest. This time the episode was in San Bernardino, California. An officer was dispatched at 11:16 p.m. in response a 911 call about a man jumping on cars in a parking lot. He’s “really drunk and he’s waving around a gun…and he’s just going crazy,” the caller told the police dispatcher. She described him as a black man with a white shirt and black shorts.

As soon as police learned he was black, they might as well have replied, “Sorry. He’s your problem.”

Body camera video shows the officer approaching Matthew Bender, who fits the description by the 911 caller. The police officer pulls out his gun and tells Bender, “Let me see your hands.” Bender  raises his hands briefly and then puts them back on his side, walking away from the officer and telling the cop, “Man, I’m going to the store.” The officer holsters his gun away and attempts to apprehend Bender, who tells him, “Don’t touch me!” The police officer wrestles Bender to the ground and tells him, “Stop fighting, dude.” Bender is seen on video reaching for an item in his waistband that appears to be a handgun.  As both men get up from the ground, and the officer draws his weapon and fires four shots at Bender, which proved fatal. A loaded, unregistered pistol was found on the suspect, who had a criminal record going back 17 years, , with arrests attempted murder, false imprisonment, domestic violence, theft and possession of narcotics. Shortly after the incident was reported, demonstrators shouting, “Abolish the police!” “Defund the police!” and “Fuck the police!” took to the streets, blocking  an intersection and attacking vehicles.

The policy the demonstrators in these episodes want is one where the police are defenseless, arrests are impossible, and black skin ensures immunity from law enforcement. This is neither just, fair, nor rational.

2. Give hate a chance. Hate is in, as you know: the Democrats are depending on it, and little else, to bring them victory next month. A website called BestLife developed a formula for determining the “most hated states,”  ranked from least hated to most hated. Who hates a state? I’ve been in 48 of them plus the District, and I like some more than others, but hating a state seems pathological to me. I assume the calculations preceded the George Floyd Freakout, because Washington, Oregon and Minnesota come out far too positively in light of their behavior since June. And why is Oklahoma the fourth most hated state?

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Note To Senate Democrats: Tantrums Are Not Civil, Responsible, Professional Or Statesmanlike

/ Jack Marshall / 32 Comments

child-temper-tantrum

I suppose this is a futile reminder, since the Democratic party, prodded by the infantile “resistance” that the party  lacked the courage and integrity to tell to shut up and shape up, has been engaged in one tantrum after another since it lost the Presidential election in 2016. In their determination to bake hate, anger and uncontrolled emotion into our once honorable political process, the Democrats have divided the nation, wrecked communities, and quite possibly damaged our democracy beyond repair. It has been opposition by tantrum, from the increasingly personal attacks on the President of the United States, to the contrived Mueller investigation, to the disgraceful impeachment sham. Of course the Democrats’ African American and extremist base would take the cue and expand the tactic into the streets, throwing a series of violent fits over isolated and ambiguous incidents that could be falsely characterized as typical, racist, and criminal.

Today, the metaphorical holding of breath and stamping of feet continued. Senate Minority Leader Chuck Schumer and the Democratic members of the Senate Judiciary Committee announced they will boycott Thursday’s markup of Judge Amy Coney Barrett’s nomination to the U.S. Supreme Court, in protest of Republicans’ decision to move forward with President Donald Trump’s high court pick so close to Election Day. In this they are depending upon the public’s ignorance and amnesia, supported, as usual, by news media spin. What the Republican are doing with the Barrett nomination is exactly what Democrats insisted was the proper process four years ago. It is exactly what Democrats would do if the parties’ circumstances were reversed. It is constitutional and it is legal. Moreover, the nominee, Judge Barrett, acquitted herself with brio under Democratic questioning.

This is not a “we must protest an outrage and injustice” boycott. It’s an “Ooooo, we are just so darn mad that we can’t have our way!” boycott.

How petty and foolish.

The official statement just compounds the disgrace.

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High Noon Ethics Shoot-Out, 10/21/2020: Religious Bigotry Vs Anti-Gay Bigotry! “Whitewashing” Vs Anti-Semitism! Google Vs Trust!

/ Jack Marshall / 25 Comments

As you may (and should) know, the classic Western “High Noon” was and is regarded by some conservatives as anti-American. I think it is, as excellent as it is. The ending, where the heroic law man (played by Gary Cooper in an Academy Award-winning performance) throws his star in the dirt in disgust (imitated by “Dirty Harry” for very different reasons in that conservative film years later), is widely seen as a rejection of American society as hypocritical. (The fact that the screenwriter, Carl Foreman, was a Communist doesn’t help.)

My favorite scene in the movie, where Cooper begs the church congregation to help, plays like a “Twilight Zone” episode, with the whole town rationalizing furiously to avoid helping the desperate law man minutes away from having to face, alone, vengeful thugs determined to kill him. (The whole scene is not on YouTube; I searched.) “Rio Bravo,” one of the best John Wayne Westerns and a personal favorite, was devised by director Howard Hawks as a direct rebuke of the selfish and craven America “High Noon” posits. In the Duke’s movie, the lawman, Wayne, constantly rejects the offers of help he receives, though he knows hired killers are massing to free his prisoner. Yet people go out of their way, at great personal risk, to help him anyway, time after time. “High Noon” is a better movie (maybe), but “Rio Bravo” is a fairer depiction of American values and history.

1. This is why I tell lawyers and government employees that it’s unethical to use Google for professional communication and client matters. Mac programmer Jeff Johnson has discovered that if you set Google Chrome to eliminate all website cookies and site data when you close the browser, the data remains un-erased for YouTube and Google itself.

What a coinkydink!

“Perhaps this is just a Google Chrome bug, not intentional behavior, but the question is why it only affects Google sites, not non-Google sites,” Johnson says. “I’ve tested using the latest Google Chrome version 86.0.4240.75 for macOS, but this behavior was also happening in the previous version of Chrome. I don’t know when it started.”

Bottom line: Don’t trust Google. Like I’ve been saying….

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“Abducted In Plain Sight”: Maybe People Really Are Too Stupid To Be Trusted With Democracy

/ Jack Marshall / 45 Comments

Abducted

If that title sounds harsh, by all means watch the Netflix true crime documentary “Abducted in Plain Sight.” Otherwise, I’m not sure the ordeal is worth it, since it may throw you into a depression from which you never recover. That’s where I am now.

With the nation facing what might be—“I do believe in people, I do believe in people,” he says in his best Cowardly Lion imitation—an existential election, I really did not need any more reason to despair of the life competency deficit and declining mental state of the nation’s voters. In fact, I decided to watch “Abducted in Plain Sight” to take my mind off of The Big Stupid, with its ongoing efforts by the news media to keep Americans ignorant of the Biden scandal, the brain-melting tale of the Zoom adventures of He Who Must Not Be Named, and polls that seem to show that most of the American public is incapable of paying attention to matters that will effect their lives, family and nation.

Big mistake. What watching the 2017 award-winning documentary did was vividly remind me that normal, decent, religious middle-class Americans like those you live and work with may well be too moronic and irresponsible to be entrusted with children, never mind make decisions about leadership and public policy that will affect the rest of us.

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OK, I Just Have To Do An Afternoon Ethics Potpourri So I Can Write About The Jeffrey Toobin Exposing Himself On Zoom Story…..

/ Jack Marshall / 42 Comments

Toobin

I wake up from a nap and have to think about this???

1. Zoom ethics?  I don’t understand this story at all.

The New Yorker suspended legal reporter Jeffrey Toobin because he—wait, WHAT?—exposed himself during a Zoom call last week between members of the staff and WNYC radio.

Huh? Toobin has long been one of Ethics Alarms’ least favorite legal commentators dating back to his excuse-making for Bill Clinton during the Monica madness, but I thought he was just despicably biased, not insane. What’s going on here?

Toobin said in a statement: “I made an embarrassingly stupid mistake, believing I was off-camera. I apologize to my wife, family, friends and co-workers. I believed I was not visible on Zoom. I thought no one on the Zoom call could see me. I thought I had muted the Zoom video.”.

See you doing what, and why??? Was it a bathroom Zoom call? The New Yorker says: “Jeffrey Toobin has been suspended while we investigate the matter.” What’s there to investigate? If he exposed himself accidentally, it’s a Zoom mistake, and it should have been ignored and forgotten, because Zoom is evil. EVIL!!!! On the other hand—okay, bad choice of metaphors—If he whipped it out and ran around the room on camera singing “My Ding-a-Ling,” Toobin needs to be hospitalized.

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Was Today’s Women’s March In D.C. The Dumbest Protest Yet?

/ Jack Marshall / 16 Comments

ProtestMarch

To be fair, it’s impossible to say. Almost all protests and demonstrations, even the ones that do not deteriorate into “mostly peaceful” riots, are silly, juvenile tantrums that cost money, waste time, inconvenience saner citizens and accomplish less than nothing. You can review the Ethics Alarms Protest Check-List: today’s mass scream by hysterical progressive women protesting the vote that hasn’t been cast in a case that doesn’t exist which would undo a SCOTUS decision that is  unlikely to be undone flunks on almost all points. Marcher Cherie Craft, a D.C. community organizer, told the Washington Post, “People think, you know, is this really making a difference?” Will it cause Judge Barrett not to be confirmed? Will it change the result of that so far imaginary abortion case that threatens Roe v. Wade? Will it make those who find abortion to be an ethical and moral abomination suddenly support abortion on demand?  No, no, and no. Might it cause some extra Wuhan virus cases that marchers will carry back to their states? Well, look at that photo above. I guess that’s something.

The hypocrisy of such an event while the mainstream media is attacking the President for so-called “super-spreader” events is palpable, and one of many reasons that there will be no effective shutdowns going forward. The pandemic hysterics, fascists and Democratic mayors—but I repeat myself– have no credibility. D.C. Muriel Bowser is being sued for banning outside church services, and yet allows this sardine-fest to go forward with her blessings.

Go ahead, rationalize that. Anyone. I dare you.

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Musings On A Recent Entry In The Ethics Alarms “I Don’t Understand This Story At ALL” Files

/ Jack Marshall / 35 Comments

Fontrell Baines, 31, a rapper who goes by the stage name of “Nuke Bizzle,” was arrested on three felony counts of access device fraud, aggravated identity theft and interstate transportation of stolen property, thus facing up to 22 years in federal prison. It’s not just that the evidence shows that Baines and his co-conspirators fraudulently obtained at least 92 debit cards pre-loaded with more than $1.2 million on them and converted the cards into more than $700,000 of ill-gotten gains. The rapper was caught after he posted a music video about the scheme on YouTube, leading to his arrest last month while he had multiple debit cards in his possession with the names of people who weren’t him..  The catchy rap song,  in which he boasts about getting “rich off of EDD, amassed more than 400,000 views and also alerted authorities to his scheme.

“Unemployment so sweet,” Baines raps. “We had 1.5 land this week!” A cohort on the video joins in, “You gotta sell cocaine, I can just file a claim!”

Prosecutors say the stolen cards were sent to addresses in Beverly Hills and the Koreatown neighborhood of Los Angeles, where “Nuke” could get grab them. For inspiration….

Musings:

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Personal Responsibility? What Personal Responsibility? The Washington Post Explains How Aspiring Supreme Court Justice George Floyd Was Destroyed by Systemic Racism

/ Jack Marshall / 33 Comments

Screen shot of George Floyd mural

You think I’m kidding, don’t you? Sadly, I’m not.

Here’s a silver lining: thanks to the parade of bizarre and illogical demands and assertions during the George Floyd Ethics Train Wreck and the concomitant “Great Stupid,” my head appears to be immune from explosions. (Is head immunity anything like herd immunity? A topic for another time…)

It is amazing—I would have once said head exploding—that anyone would attempt to sanctify a long-time criminal and blight on his community like George Floyd, much less get away  with it. Nonetheless, months after Floyd died after a  cruel and incompetent (but not racist) police officer put his knee on Floyd’s neck, the news media and Black Lives Matter flacks are successfully selling the tall tale that his life was a tragedy of unfulfilled potential because he had the misfortune to live in the United States of America.

[Quick review: Floyd moved to Minneapolis after being released from Texas prison for aggravated robbery. He went to jail 5 times and as a perusal of his record shows, he can be fairly described as a career criminal. Floyd was a habitual lawbreaker, involved in drug abuse, theft, criminal trespassing, and aggravated robbery, who once broke into a woman’s home and pointed a gun at her stomach while looking for drugs and money. He had probably taken an overdose of fentanyl and methamphetamine at the time of arrest, and it is quite likely that this, and not Derek Chauvin’s knee, is what killed him.]

I’m old enough, more’s the pity, to remember the Sixties fad of arguing that all criminals were victims of  their upbringing and a Hobbesian society for those who were not white and rich, and that it was heartless to punish those who were really society’s victims, not its predators. This was a very old progressive trope, notably championed by Clarence Darrow, who argued that there is no free will, and that criminals are doomed from birth, this making it an abuse of power for society to punish them. This logic was the epitome of bleeding heart liberalism, and helped make the word “liberal” a term of derision. I did not expect it to make a comeback.

Yes, I’m an idiot.

Now, however, in no less a legitimate forum than the Washington Post, Toluse Olorunnipa and Griff Witte make the argument that if the U.S wasn’t so racist, Floyd, despite all outward appearances, might have been a great American.

Read the thing, take a while to tape your skull back together, and then resume reading here. Watch out;  this is the third paragraph, and it comes up quick:

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Ethics Dunce: Yelp

/ Jack Marshall / 10 Comments

yelp-black-slant-1920

Oh yes, this will work out well.

Yelp,  the online review company, has announced its plan for a submissive grovel to Black Lives Matter and an atack on “systemic racism”: it will post alerts that a business has been accused of racism. The key word is “accused.” The company claims that following the “alert,” it will investigate the claims, but that is absurd: Yelp has neither the staff, expertise nor credibility, and definitely not the authority or access, to investigate such accusations.

Yelp has had well-documented problems with reviews from angry employees, fake customers, and real customers with dubious complaints or sinister agendas. However, in the corporate rush to show alliance with the mostly-peaceful protesters savaging so many cities, Yelp has decided to go all in and buy a ticket on the George Floyd Ethics Train Wreck. From the announcement of the new race-baiting initiative:

 “Over the summer, Yelp rolled out a number of initiatives to help users find and support Black-owned businesses. We partnered with My Black Receipt on the launch of a Black-owned business attribute and joined the 15 Percent Pledge to further amplify Black-owned businesses. While searches for Black-owned businesses surged on Yelp, so did the volume of reviews warning users of racist behavior at businesses. Today, in response to this, we will now place a distinct Consumer Alert on business pages to caution people about businesses that may be associated with overtly racist actions.”

Here is the “alert”:

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