Law & Law Enforcement

Ethics Warm-Up, 8/26/2020: Impending Zoom

/ Jack Marshall / 26 Comments

This, as some of you might recall, is the logo for the old PBS kids series, the lively cast members of which are now middle-aged and arthritic. i don’t like to think about it…

Ugh.

I’m hoping to get this posted while I’m simultaneously preparing for a three-hour legal ethics seminar for CLE credit sponsored by the D.C. Bar. Zoom seminars are grueling, and they remove my major asset, which is facilitating lively discussions about various ethical dilemmas.  Participants just don’t talk, and for all I know they are watching porn.

Incidentally, if you haven’t seen “Host,” you should. It’s a horror film about a Zoom meeting that goes really, really wrong. And its less than half as long as the seminar I’m about to do.

1. And speaking of horror…What the hell?

This is D.C. Comic’s new, politically correct, non-sexually objectified, woke Wonder Woman. Why can’t a plus sized woman in mom jeans be a super-hero, the artist asks.  Well of course she can, just as a fat ,flabby, bald , half-shaven, acne-suffering man can be Spiderman, if he gets bitten by the right arachnid. There is nothing wrong with idealized heroes, however. No matter how much the feminists try to brainwash little girls, Fat Barbie is never going to be a thing.

I hate to be conspiracy-minded, but chunky, A-cup Diana Prince reeks of Maoist cultural brain-washing. It’s suicidal virtue-signaling by D.C., who are deliberately alienating WW’s teenage  male fans, who will not get excited about a Wonder Woman movie starring Rosie O’Donnell, no matter how progressive that is. Continue reading →

Ethics Train Wreck Déjà Vu In Kenosha

/ Jack Marshall / 60 Comments

Now THIS is “blood on their hands!

Three people were shot overnight in Kenosha, Wisconsin in  the third straight night of “mostly peaceful protests,” aka “rioting and looting” in response to a police shooting which may have been completely justified. Two of last night’s shooting victims died. Meanwhile, the mobs damaged and burned buildings and businesses around the city. Here’s a car lot torched by the “peaceful protesters”:

As we have seen with the George Floyd mob rule and before that, the riots in Atlanta (over the similarly ambiguous Wendy’s shooting), Ferguson (Mike Brown) and Baltimore (Freddie Gray), this damage to innocent people and their businesses is being “justified”—in truth, nothing could justify it—as a reaction to racism and police brutality when neither have been demonstrated by an investigation. But as we have seen, Facts Don’t Matter, and due process for cops doesn’t exist. Eager to disrupt society and seize power as supine politicians snivel, opportunistic revolutionaries along with some well-meaning but misguided activists, are savaging a community and causing far more damage than the original incident, based on supposition, bias, and raw emotion.

Other than the rioters themselves, these are the responsible individuals and organizations: Continue reading →

Comment Of The Day: “Unethical Quote Of The Month: Wisconsin Governor Tony Evers”

/ Jack Marshall / 18 Comments

The current effort by a large segment of an entire political party to denigrate the character and motive of police is one of the most bizarre and self-destructive episodes of cultural madness I have ever seen or read about. I place it right below the Dutch tulip mania of the 17th Century. It makes as much sense  as  if a movement developed to eliminate the medical profession as  a reaction to some egregious examples of medical malpractice. The Boston Red Sox, to name an example prominent in my consciousness, used to regularly host special “days” for law enforcement personnel. As recently as 2013, the team honored the Boston police for its  response to the Boston Marathon Bombing. Now a giant banner is plastered across the empty bleachers in Fenway Park extolling “Black Lives Matter,” a direct and calculated attack on the integrity of law enforcement. I keep expecting to read that CBS has cancelled its long running hit drama “Blue Bloods” after the netwrork headquarters at 30 Rock was attacked by a mob. That show, anchored by conservative Tom Selleck, now appears to exist in some kind of weird parallel universe where police officers are respected and trusted.

In his timely Comment of the Day, James Hodgson begins,

It is my intent to comment on prior remarks that have been made concerning police use of force, including the “objective reasonableness” standard, police use of force training, the dangers of police work, the issue of whether a police officer’s life is “worth more” than the life of any other individual, and the speculation that police officers’ use of deadly force is treated less seriously than similar non-police uses of force.

What’s this? Someone who actually knows something about how  the police operate? What a unique and exciting concept!

James Hodgson’s Comment of the Day on the post, “Unethical Quote Of The Month: Wisconsin Governor Tony Evers” continues…

During my career (1974 – 2014) I saw the use of force by police curtailed substantially. First, out of the civil rights era and the Vietnam War protest era, much-needed internal changes in police management and training produced officers better trained and more adept at handling themselves and others with greater skill to avoid the necessity of using force. In 1985, Garner v. Tennessee eliminated the “fleeing felon: rule and restricted the use of deadly force to cases where “”the officer has probable cause to believe that the subject “poses a significant threat of death or serious physical injury to the officer or others.” Although state law prior to Garner had permitted the use of deadly force to stop a fleeing felon if all other reasonable means of apprehension had failed, in practice very, very few fleeing felons were ever shot, either because agency policy forbade it, or because (in the absence of such policy) officers employed more personal poise and restraint in the execution of their duties.

The standard of objective reasonableness has been problematic since Graham v. Conner first applied this standard to police use of force. (The same standard had previously been applied in other areas of the law, like determining whether an attorney’s assistance of counsel was ineffective.) As courts and juries in excessive force cases began applying the standard, it quickly became evident that in determining whether a particular use of force was objectively reasonable, courts and juries across the country were arriving at widely varying results. So, rather than having a clarifying standard for when use of force was righteous, much ambiguity remained. (The Court itself had noted in Graham that the concept of objective reasonableness “is not capable of precise definition or mechanical application.”)

For the police trainer, this posed a new challenge. Agency administrators, reacting to Graham, began pressing us to provide training to ensure that officers’ use of force would be judged reasonable. Our collective response (mine, along with the training personnel with whom I worked and whom I supervised) was that the real use of force standard had already been set with Garner. The new task for trainers was to better teach not only the thought processes by which an officer determined that a subject “poses a significant threat of death or serious physical injury,” but also how to fully and articulately communicate the situational facts and circumstances that precipitated the officer’s decisions and actions. This begins with a thorough understanding of the law concerning assaultive offenses, self defense and use of force. Next requirement is a review of agency policy and procedure regarding use of force. (Agency policy may be and frequently is more restrictive than state law. Continue reading →

I Don’t Care If The Axis Of Unethical Conduct Is Panicking, Their Rhetoric Is Unforgivable (CONTINUED)

/ Jack Marshall / 44 Comments

[The beginning of this article is here.]

You know her comments crashed over any line pf decency, propriety and civility because the mainstream media largely ignored them. “We take an oath to protect and defend the Constitution from all enemies, foreign and domestic,” Pelosi said on MSNBC. “And, sadly, the domestic enemies to our voting system and honoring our Constitution are right at 1600 Pennsylvania Avenue with their allies in the Congress of the United States,” ,Of course, being a den of hacks, no follow-up could ever occur on MSNBC. Only Fox News, the New York Post, and some conservative outlets thought the Speaker of the House declaring an entire political party and its President “domestic enemies” was something the public has a right to know.  CNN, the New York Times, the Washington Post, NBC News, Politico and other AUC members buried it, though such rhetoric is a call to insurrection and violence, coming from the same party that wouldn’t rebuff Maxine Waters and others who called for the harassment of Trump administration officials in public places.

No, this is not the equivalent of  President Trump calling the mainstream media “enemies of the people,” which, it should be noted, caused that same mainstream media to decry the words as a prelude to an authoritarian take-over.  The media is not the government, and all citizens can do to journalists who betray the trust the Founders put in the Fourth Estate to keep the public objectively informed is to stop believing them, which, thankfully, a large portion of the public has.  In contrast, for a powerful elected official to call the party in the White House “domestic enemies” is indescribably wrong, and I say that because my inner thesaurus fails me.

“I was shot because of this kind of unhinged rhetoric,” House Republican Whip Steve Scalise said. Representative Dan Crenshaw (R., Texas) called  the statement were “gross and divisive;” while Senator Kelly Loeffler called them “appalling.”  Not bad, but those adjective still don’t measure the amazing breach of democratic norms Pelosi’s words represent. (Remember, Democrats have been saying it  is Trump who endangers democracy by his breach of “norms,” like firing an unethical and incompetent FBI Director.) Pelosii’s hateful rhetoric is only slightly less divisive than the beating of Charles Sumner on the Senate Floor.

Her words were  also flamingly hypocritical. Pelosi’s Democrats have orchestrated one attempted coup after another, working to deliberately undermine the public’s faith in their government, nation and Constitution, and using leaks, conspiracy theories, falsified documents, support for lawlessness and manufactured narratives to to it. No party has done such damage to America  since the Civil War. Even the news media’s efforts shouldn’t be able to keep cognizant Americans from figuring out “what’s going on here.” Continue reading →

I Don’t Care If The Axis Of Unethical Conduct Is Panicking, Their Rhetoric Is Unforgivable (Part I)

/ Jack Marshall / Leave a comment

Yesterday the hateful and divisive rhetoric from the Democrats/ “resistance”/mainstream media (aka “The Axis of Unethical Conduct,” or AUC, so named  here because of its creation of the 2016 Post Election Ethics Train Wreck)appeared to ratchet up an order of magnitude. This has led some commentators to conclude that the AOC knows President Trump is heading to re-election, causing them to become desperate, shrill, and reckless.

That’s odd, because I assumed that they had already exceeded all precedents for divisive and irresponsible political speech. CNN, notably, has decided that it will not broadcast the GOP convention straight, and thus “factchecks” the Republican speakers while, just to name three examples, Michelle Obama, her husband, and Joe Biden delivered multiple whoppers last week without a peep from MSM journalists . This open bias and partisanship is a new low for a network that has defined “new low” for the past four years. Without saying so directly (unlike the New York Times in 2016), CNN is obviously approaching the election as a partisan mission, and has signaled that fair coverage is not in the cards. The goal is to put Democrats in control of the government. The network isn’t even trying to pretend otherwise.

In other parts of the news media, divisive leftist hysterics are now considered professional and responsible. Jemele Hill, for example (The Ethics Alarms dossier is here) is now a writer for The Atlantic and producer at Disney/ESPN. In a tweet, she wrote, “[If] you were of the opinion that the United States wasn’t nearly as bad as Nazi Germany, how wrong you are.” 

I don’t understand how a respectable publication or entertainment company can continue to employ someone who believes that, and worse, publicizes it. It’s not a matter of punishing opinions. The question is whether it is responsible to allow anyone whose view  of reality is so warped to represent a company or make decisions about its products. If Hill was prone to tweet, “I am Empress of the Planet Zontar!,” I assume she would be relieved of her duties. “The United States is no better than Nazi Germany!’ is no less indicting.

When Hill—who has said almost as absurd things before—was criticized for this idiocy, she kept trying to double-talk her way out of it, finally writing, “What I’m attacking here is our sense of superiority when it comes to our racial history. The Nazis were impressed with us because of our ability to have high standing in the world, despite clear persecution and oppression taking place in our country.” She’s attacking the conclusion that however horrific Jim Crow was, it was still far less pervasive and destructive that the Holocaust? Persecution and oppression are still not genocide,.Hill is a liar or an idiot, and competent organizations should not knowingly employ either.

But Big Lie #3, “Trump Is Hitler”—I expect to see all nine of them of them out in steroidal form before November–is resurgent. Continue reading →

Unethical Quote Of The Month: Wisconsin Governor Tony Evers

/ Jack Marshall / 73 Comments

“While we do not have all of the details yet, what we know for certain is that he is not the first Black man or person to have been shot or injured or mercilessly killed at the hands of individuals in law enforcement in our state or our country, We stand with all those who have and continue to demand justice, equity, and accountability for Black lives in our country.”

—Wisconsin Governor Tony Evers (D…naturally) in a statement following an officer involved shooting in Kenosha last night, before any investigation has occurred, knowing that the rioters were already gearing up to cause violence and destruction.

And, of course, violence and destruction is what he got.

Police have not commented on what led to the shooting of Jacob Blake, a black man, in Kenosha, Wisconsin.  He was taken to Froedtert Hospital in Milwaukee after being shot multiple times, in the back, as he appeared to be entering his car and perhaps reaching for something. (I’m no expert, but doesn’t the fact that more than one cop reflexively started shooting suggest that there was  a reason other than “Oh!Here’s an uarmed black man: let’s shoot him”?)

At this point, the important facts are not known, just irrelevant facts injected into the story to make the police look like villains. Blake was apparently shot in front of his kids. Irrelevant.  It is said that he was trying to break up a fight between two women—he’s a peacemaker!—which is what precipitated the police call. Irrelevant. What is relevant is why the police fired, and what action Blake was engaged in or appeared to be engaged in immediately before the shooting. That is not clear in the video. Continue reading →

Comment Of The Day: “The Hypocrisy And Dishonesty Of The Democratic National Convention Apparently Made Rose McGowan’s Head Explode”

/ Jack Marshall / 5 Comments

Glenn Logan took on the macro-issue of broad-brush political pronouncements in his Comment of the Day, which was only touched upon in the original post. That concerned activist Rose McGowran’s angry tweets,

I wrote in part that

“we see the limitations of Twitter…its advantage is that it is the only way to communicate with a large—far, far too large—proportion  of the American public, which is unlikely if not unable to read anything serious that has more words than a combination of three or four bumperstickers…McGowan’s assertions are “right,” is a general, meat-axe way, but they aren’t arguments. They are the ” this just is” pronouncements of someone who won’t countenance an argument, and, in most cases, isn’t capable of making one. That’s Black Lives Matter. That’s “the resistance.” That’s Maxine Waters and MSNBC….

Glenn took off from there in his Comment of the Day on the post, “The Hypocrisy And Dishonesty Of The Democratic National Convention Apparently Made Rose McGowan’s Head Explode”…

Too right, and that list is so long the full one would require a bigger blog.

What interests me is how often we all engage in these kind of broad-brush arguments that reject any aspect of nuance. Some Democrats have, to varying degrees, addressed many or even all of the ends she thinks are desirable. So have some Republicans.

The intractable problems of society cannot be solved by pronouncements, either of solutions or failures. That’s why they remain intractable. Black people most notably have refused to participate in extracting their “people” from poverty, crime, dependency and negative perceptions. “Brown” people is not a race or even a thing, and claiming they may be characterized in the same way as blacks renders the statement absurd. Each racial group has unique problems relating to their culture, their perception by our society, and their willingness to integrate into America.

I find it interesting that the Democrats completely ignore “yellow” people as if they never had the struggles of other minority populations — a risible idea that has infected the Democrat identity-politics groupthink. But the Asians have shown how to fight all the problems blacks and some other races have suffered through for generations — by willingly assimilating into America.

The fact that black people haven’t embraced this idea despite living here longer than Asians is a big part of why so little progress has been made. Now, blacks want new, government-enforced segregation policies created to further alienate them from America. Can there be any doubt as to how this new demand will work out if implemented?

“Police brutality?” The vast majority of police are professionals and behave that way. But to Rose, who has only a proverbial hammer, there are nothing but nails in blue. Continue reading →

Friday Ethics Round-Up, 8/21/2020: Democratic National Convention Hangover Edition

/ Jack Marshall / 16 Comments

No, John Wayne doesn’t speak Spanish in “Red River,” but this was the only clip I could find of its iconic “Yahoo!” sequence. This may be the best Western ever; I don’t know, I go back and forth on it. Amazingly, Howard Hawks never won an Oscar…but then neither did Orson Wells, Alfred Hitchcock, or Cecil B. De Mille.

1. Now this is uncivil and unethical political speech (Pointer: Tim Levier):

No, it’s not justified by “tit for tat,” but the ugly, ad hominem abuse heaped on President Trump by the Democrats this week was hardly better.

2. Oh, it’s Friday; why not check in with Paige Spiranac? You remember Paige, right? I posted about her here. She’s not much of a professional golfer, but she is now a “social influencer.” She has power and influence because, let’s be frank, she looks like this, and makes sure everyone knows it:

Now she has a viral ethics tweet about slow golfers:

That’s slowLY, Paige. Mustn’t enable those “dumb blonde” jokes.

This has actually sparked a controversy in social media, though there shouldn’t be any question that excessively pokey golfers are being rude and inconsiderate. The rationalizations being offered by defenders of slow play are, sadly, illustrative of the ethics skills of too much of the public. For example:

“That’s a dumb comment. Golf is a leisure sport. You are meant to enjoy the sport with friends and family and take time while doing it. Especially if you’re not playing for millions.”

Continue reading →

Mid-Day Ethics Madness, 8/19/2020: Susan B., Fauxahontas, Utah…And “Gordie”

/ Jack Marshall / 19 Comments

When I was looking through the 2012 posts yesterday, ultimately stumbling upon the long discourse about Barack Obama’s disastrous Presidency, I was struck by how, even in an election year, so many non-political ethics issues were discussed here. This is something that was already driving me crazy about 2020. Thanks to the pandemic, there is virtually no popular culture news. Legal ethics news is drastically reduced, as are reports from other sectors of society and culture. In this warped environment, politics spreads like kudzu, or killer bees, or snakeheads—you can choose your favorite invasive species or opportunistic organism analogy. I’m trying, I swear, but my over-all impression looking back on 2012 is that writing, and I presume reading, an ethics commentary blog was a lot more fun.

I’m sorry.

1. Today’s rejected Ethics Alarms comment comes from “Gordie,” was opining on the post on Ellen De Generis’s late hit accuser. He wrote,

Ellen was an a$$ to this boy and shes paying for it now. All you lip huggers need to wake TFU and rejoice when you hear truth no matter how unsavory or unpalatable you find it. Be a bully, get bullied. Dont you all see that Karma train pullin up? And with enough hands to slap every butt as it goes on by toot toot

Observations:

  • Welcome to my world. This is why so few new voices are added to the commentariat here.
  • Does anyone know what a “lip-hugger” is?
  • Tells in the comment that let us know the writer can’t tell an ethics from fuzzy slipper: mentioning “karma,” and the statement, “Be a bully, get bullied.”

2. Here is some non-political legal ethics news, and it’s important, if technical.

Before this week, only the District of Columbia, where I am licensed, allows non-lawyers to be partners in law firms. The majority position in the profession is that non-lawyers inevitably have a different alignment of values from the legally trained, and thus are not likely to be as sensitive to duties to clients, like confidentiality, and conflicts of interest. Pure “investors” are also banned from buying a share of law firm profits, because they are deemed likely to be governed by financial needs and motives rather than the best interests of clients.

When the D.C. bar decided to break the mold decades ago, everyone assumed that other jurisdictions would follow its lead, and soon doctors, engineers, scholars and accountants, among others, would be joining firms and allowing them to add new services. (Europe and Australia already allow  such “multidisciplinary firms.”) It didn’t happen.

Now, however, the dominoes might be starting to fall.  From the ABA Journal: Continue reading →

Addendum: “Now THIS Is “Condign Justice”: The Democrats’ Hypocrisy And Bill Clinton’s Massage”

/ Jack Marshall / 8 Comments

The Clinton spin machine is already trying to minimize the significance of the photo of Bill Clinton being massaged by one of Jeffrey Epstein’s sex slaves, which surfaced just as Clinton was about to speak at the  virtual Democratic National Convention. That spin machine is damn good—after all, it was taught by the best. The narrative, however, is the equivalent of throwing dust in the eyes of observers while they are being blasted by a fog machine.

Here is the current “it depends what the meaning of ‘is’ is” deceit from Clinton’s lackeys, which was kindly provided by a commenter:

  • The woman who was giving him the massage in the photo was 22 years old at the time, not underage.
  • She really was a trained massage therapist.
  • The photo was taken in a public place — an airport — during a trip to Africa for a humanitarian mission, not to Jeffrey Epstein’s pedophile island.
  • Clinton was in the company of several celebrities “who have never been accused of wrongdoing” who believed they were taking part in a genuine charitable event.
  • According to the masseuse, Clinton was charming and sweet and did nothing inappropriate during the trip.

I wrote the following in response, which Zanshin, another veteran commenter, proprly suggests should be buried in the comments, which, sadly, a lot of readers ignore. I’ve edited it slightly: Continue reading →