Law & Law Enforcement

Morning Ethics Primal Scream, 8/13/19: Democratic Senators Tell SCOTUS, “Nice Little Court You Have Here. Be A Shame If Anything Were To HAPPEN To It…”

/ Jack Marshall / 23 Comments

1. Lance, Lance, Lance...Is this the most obnoxious and desperate virtue-signalling tweet of all time?

“I can’t drop many people on a bike these days but I just blew the fuckin’ doors off Mike Pence on a Nantucket bike path. Day. Made.”

Because Lance thinks everyone hates the Vice President, he boasts about beating a 60 year-old politician as if he’s rendered some symbolic humiliation. You’re the one who should be humiliated, Lance. You. I’m no fan of Mike Pence, but he’s not a sociopathic  fraud, cheat and villain like you are.

The fact that this tweet got 108,000 “likes” shows how much damage an ethics corrupter can do.

2.  A perfect example of ignoring a real problem to avoid having to admit it exists and then deal with it...while making the problem worse in the process.U.S. Commission on Civil Rights member Gail Heriot, a lawyer and frequent protester about how her overwhelmingly Democratic colleagues on the committee  engage in “woke” insanity, attacks a new government report in her op-ed in the Washington Times. Herriott attached her dissent to the report, a routine she has become accustomed to. She writes,

Shoddy work is not uncommon for government commissions. But with its awkwardly-titled new report — “Beyond Suspensions: Examining School Discipline Policies and Connections to the School-to-Prison Pipeline for Students of Color with Disabilities” — the U.S. Commission on Civil Rights goes beyond shoddy. Its unsupported claims threaten teachers’ ability to keep control of their classrooms. No one disputes that African-American, Native American and Pacific Islander students get disciplined at school at higher rates than white students. Similarly, white students are disciplined at higher rates than Asian-American students, and boys are disciplined more often than girls. Not surprisingly, students with behavioral disabilities get in more trouble than those without. Sometimes the differences are substantial. Suspension rates, for example, have been about three times higher for African-Americans than for whites in recent years.The commission purports to find, however, that “students of color as a whole, as well as by individual racial group, do not commit more disciplinable offenses than their white peers.” According to the commission, they are simply punished more. Readers are left to imagine our schools are not just occasionally unfair, but rather astonishingly unfair on matters of discipline.

The report provides no evidence to support its sweeping assertion and, sadly, there is abundant evidence to the contrary. For example, the National Center for Education Statistics surveys high school students biennially. Since 1993, it has asked students whether they have been in a fight on school property over the past 12 months. The results have been consistent. In 2015, 12.6 percent of African-American students reported being in such a fight, while only 5.6 percent of white students did….Because minority students disproportionately go to school with other minority students, when teachers fail to keep order out of fear that they will be accused of racism, it is these minority students — stuck in disorderly classrooms — who suffer most.

What accounts for the differing misbehavior rates? The best anybody can say is, “We don’t know entirely.” But differing poverty rates, differing fatherless household rates, differing parental education, differing achievement in school, and histories of policy failures and injustices likely each play a part. Whatever the genesis of these disparities, they need to be dealt with realistically. We don’t live in a make-believe world.

As Joe Biden so sagely pointed out for us, Democrats care about their official truths, not facts. Continue reading →

Addendum: To Be Fair, Elizabeth Warren Wasn’t The Only Democratic Presidential Candidate Who Lied About The Death Of Mike Brown Last Week. She Was Just The Worst…

/ Jack Marshall / 6 Comments

Last week, on Friday and Saturday, Democratic Presidential candidates Elizabeth Warren, Rep. Tim Ryan,  Cory Booker, Kamala Harris, Beto O’Rourke, Kirsten Gillibrand, Bernie Sanders, and New York City Mayor Bill de Blasio all tweeted out deliberately false statements about the shooting of Michael Brown in Fergusen, Missouri 5 years ago, all apparently doing so to pander to African Americans, especially those who don’t read newspapers.

Ethics Alarms focused on Warren, being the biggest and most shameless demagogue of the group, in this post, which concluded,

“Warren isn’t intellectually lazy, or flummoxed by a false narrative. She is pandering. She is lying. She is doing what she evidently thinks will gain her power and the Presidency: saying what she thinks will attract needed support, even though she knows, knows, that it is false. Warren is a law professor and a litigator, and from all reports skilled in both roles. She knows that the facts made it obvious that Brown wasn’t murdered. She knows that competent, fair citizens must not call other citizens murderers when not only have they not been charged, tried, or duly convicted, but when authorities have concluded that there is insufficient evidence for an official accusation.The tweet isn’t a mistake or an opinion. It is a deliberate lie, a public and a defamatory one. I see no reason why Darren Wilson could not sue Warren and win.”

That is still accurate and true. Several Ethics Alarms readers pointed out that Kamala Harris also advanced the long de-bunked narrative that Mike Brown was a nice, friendly, “gentle giant” heading for college who was gunned down by a racist cop while holding up his hands and pleading for his life. Continue reading →

Ethics Quiz (And Poll): The Cop And The KKK Application

/ Jack Marshall / 58 Comments

Either our nation is committed to the principles of freedom of thought, speech, expression and association,  or it is not.

With that preface, here is the kind of gray area, bizarre fact pattern controversy that puts ethical analysis to the test.

In the Muskegon County (Michigan) town of Holton, African-American  Rob Mathias, accompanied by his wife and children, was walking through the home of Charles Anderson, a local police officer, with the intent of possibly purchasing it.  Then he saw a framed Klu Klux Klan application hanging on a wall, as well as several Confederate flags. He and his family immediately left the property.

Later he posted a photograph of the KKK application on Facebook, (above) explaining later that he felt it was something the public had a right to know about, especially if the officer had a history of questionable interactions with African Americans.  Mathias wrote that Anderson “was one of the most racist people” in the community and “hiding behind his uniform.” The post was also personal and threatening, concluding with “I know who you are and will be looking for resources to expose your prejudice.”

The Facebook post triggered an internal investigation of Anderson, and he was placed on administrative leave. “We do take this sort of issue, seriously, and we are working hard to understand if/how this may impact his ability to safely and fairly police our community,” Muskegon City Manager Frank Peterson reporters. Muskegon County NAACP President Eric Hood piled on, saying, “We want a thorough investigation to be sure that when he goes out there and puts on that uniform and performs his duties as an officer that he’s being fair and impartial.”

“I’m still disgusted by it. I’m hurt,” said Mathias “You can’t serve your community and be a racist. You can’t. There are people of all different colors, of all different nationalities … out there that you have to serve and protect. You can’t just protect one group of people.”

 Rachel Anderson, the officer’s wife, told reporters that her husband is not and never was a KKK member. She said he was a collector, and called the uproar a misunderstanding.

Mathias’ wife said in rebuttal,

“I like antiques, but I collect things that I represent. You can go in my basement, we have Detroit Lions, Red Wings, Michigan stuff, everything we associate ourselves with.So why would you collect something you don’t associate with yourself?” 

Your Ethics Alarms Ethics Quiz of the Day is…

Has this situation been handled fairly, responsibly and ethically? Continue reading →

“Unethical” Is Too Mild To Describe Elizabeth Warren, And “Gullible” Is Too Nice To Describe Her Supporters

/ Jack Marshall / 42 Comments

Above is what Massachusetts Senator Elizabeth Warren, who presumes to tell us that she is qualified to be President of the United States,  tweeted to her followers last week. This deliberate and disgraceful lie could be presented on Ethics Alarms as evidence that Warren is an Ethics Dunce. It would easily qualify as an Unethical Quote of the Week (Month…Year…). It is fully qualified as an Unethical Tweet of the Week, in a category that is becoming increasingly contested. None of these, however, quite capture the miserable, cynical, disgusting nature of Warren’s statement. Continue reading →

Morning Ethics Warm-Up, 8/10/19: Insomnia Edition

/ Jack Marshall / 32 Comments

Jeez, what time is it?

This stuff  kept me awake, gave me nightmares, or made me wish I was dreaming. Started this post before 5 am…

1. Idiotic meme of the week:

A lawyer friend whom I can vouch for having a brain actually posted this thing, apparently approvingly. In zombie movies, the equivalent is when a previously normal friend suddenly bites off your nose. Jules Suzdaltsev is hard left progressive journalist whose background is in film and psychology, and would be a fine example for teaching purposes of what someone sounds like who is so far on one side of the ideological spectrum that he is incapable of finding the center. He’s an ideologue and a Leftist incapable of objective analysis or non-compliant thought, who was steeped for seven years in the  rarefied politics of San Francisco, and who tweets deliberate misrepresentations like “There have been more MASS SHOOTINGS in 2019 than there have been DAYS in 2019” and such cliched “resistance” bile like “Hey do you guys remember when the generation that grew up breathing lead fumes ended up voting for this guy as President?”

The scary thing is not Suzdaltsev—he’s a professional left-wing echo chamber provocateur, and good luck to him, glad he has a career. The scary thing is that lawyers, trained in critical thought, can reach the point where they find extremist agitprop persuasive. Society relies on educated, trained professionals to steer us clear of such rot, not to embrace it. The 2016 Post Election Ethics Train Wreck has seen one professional group after another abandon this duty for mob-pleasing expediency.

And how can someone post a statement that Bernie and Warren are barely left-of-center as anything but satire?

2. Jeffrey Epstein committed suicide, hanging himself in his cell. This was gross incompetence by the New York City jail, as well as federal authorities. If there ever was a prisoner who was a candidate for suicide (or murder), Epstein was it. He needed to be on a round-the-clock suicide watch. Epstein was allowed to cheat the justice system and his victims. He is now officially innocent of the crimes he was charged with.

Aside from all that, good. The world is better place without him in it. Continue reading →

Ethics Observations On A Massacre Averted

/ Jack Marshall / 33 Comments

Another day, another psycho tries to mow down strangers! In Springfield, Missouri, a man appearing to be in his 20s  pulled up to a Walmart, and put on body armor. He walked into the store and began pushing a cart around the store, recording himself on his cell phone.  An alert store manager saw a threat and triggered a fire alarm; the Springfield police  responded within three minutes of the call. Police say that the man had tactical weapons  and more than 100 rounds of ammunition When the would-be shooter left through an emergency exit an off-duty firefighter carrying a legally concealed weapon held the man at gunpoint until police arrived. Observations:

  • It won’t be, but this should be regarded as another mass shooting. Only moral luck made it different from El Paso or Dayton. Sometimes the store managers won’t react quickly enough. Sometimes there won’t be a bystander with a gun and the guts and skill to use it.

The important fact is that a crazy individual entered a public place with the intent to commit murder and the means to so it. Whether a particular attempt was or was not successful is irrelevant from a policy perspective.

  • The lesson of this near-miss is not that everyone should have guns. Resorting to the culture of the Old West is not in anyone’s best interests.

Second Amendment advocates make themselves look foolish by constantly falling back on this”solution.”

  • The hysteria-driven blanket coverage of the latest shootings makes mass shootings more likely.

Censoring the facts and basic reporting, as they did in New Zealand, is not an option here, nor should it be, Some basic restraint from cable news, talking heads and politicians, however, is both reasonable and necessary.

  • This isn’t a video-game driven phenomenon, nor a political divide-driven phenomenon, nor even a “too many guns” problem. It is a problem driven by a culture that now elevates mere attention to the equivalent of self-worth, in a nation that holds—and correctly and importantly so— that each individual, in the end, is responsible for his or her own success or failure.

We have discussed this phenomenon in many contexts on Ethics Alarms, ranging from the movie “Fame’s” warped message that the goal of young lives should be to “live forever” through becoming famous, to the reality-show driven delusion that merely being famous signifies anything but luck, and certainly not societal worth. The Sondheim musical “Assassins” posited that Presidential assassins were desperate, shadowy failures in a success-obsessed culture, who not unreasonably determined that murdering a President was the perfect way to rescue their lives from powerlessness and obscurity. The problem with thesis, though it spawned some good songs and thought-provoking drama, is that history doesn’t back it up at all, and the number of assassins and attempted assassins is too small a sample to make any valid generalizations.

  • In today’s hyped  media and information-glutted society, however, the theory makes more sense, except that it is infinitely easier to shoot up a church than kill a President, and social media makes a killer’s manifesto easy to disseminate for maximum news fodder. The Unabomber had to bargain to get his declaration published in the press.

Today a single social media post will do the trick, with fame (infamy, fame, what’s the difference?) to follow,

Morning Ethics Warm-Up, 8/9/2019: “I See Unethical People!” Edition

/ Jack Marshall / 31 Comments

S-s-s-s-stretch those ethics muscles!

(although, to be fair, the items today don’t require much stretching…)

1. Rosie Ruiz, unethical icon, has died. Rosie Ruiz got her 15 minutes of fame—well, infamy—by briefly fooling officials and the media into believing she had won the 1980 Boston Marathon. “She jumped out of the crowd, not knowing that the first woman hadn’t gone by yet,” a source who Ruiz had confessed to told The Boston Globe. “Believe me, she was as shocked as anyone when she came in first.” She wasn’t even a skilled cheater.

Nonetheless, Ruiz maintained publicly that she had been robbed of a genuine victory, despite overwhelming evidence to the contrary. She even displayed her first place medal whenever possible.

Ruiz is an excellent example of how signature significance works. It would be nice to report that she went on from this one, impulsive, foolish scam and became a beloved and tireless worker for the common good. Uh, no. Cheating in a major athletic competition isn’t something anyone does who has functioning ethics alarms. Ruiz was charged in 1982 with grand larceny and forgery, accused of stealing cash and checks from the real estate firm where she had been a bookkeeper. This got her a week in jail and five years’ probation. In 1983,  she was arrested on charges of attempting to sell cocaine to undercover agents at a hotel in Miami and spent three weeks in jail. Continue reading →

Comment Of The Day: “Thank God It’s Friday” Ethics Warm-Up, 8/2/2019: “Non-Reciprocal Loyalty, Woke Virtue-Signaling, Reasonable Vigilantes, And Pseudo-Plagiarism.” #4

/ Jack Marshall / 12 Comments

I held out this terrific Comment of the Day by Isaac for almost a week, waiting for just the right moment. The right moment occurred when I decided that having to write one more word about mass shootings, “the resistance” losing its mind, or the news media finally giving up any pretense of competence and objectivity would turn ME into a mass shooter. The topic here is hip-hop and “beat-jacking,” of which I previously knew nothing.

Here is Isaac’s Comment of the Day on #4 in “Thank God It’s Friday” Ethics Warm-Up, 8/2/2019: Non-Reciprocal Loyalty, Woke Virtue-Signaling, Reasonable Vigilantes, And Pseudo-Plagiarism“:

Intentionally appropriating someone else’s song and adapting it, without permission from the original artist, I think would be considered unethical. In hip hop parlance this is “jacking,” “beat jacking” or “biting” and is considered okay by no one, even though it happens all the time. Hip hop history is filled with drama and fighting over stolen beats and songs. But where, if anywhere, the law needs to come in on this is a mystery. It’s near impossible to prove what’s intentional and what isn’t.

The line between “beat jacking” and just “sampling” (the foundation of hip hop and a few other genres) can be blurry but there is a difference. Here’s a quick and dirty guide:

-If you pull an MC Hammer or Vanilla Ice and basically perform karaoke over someone else’s music, that is obvious beat-jacking and you face cultural rejection and/or retribution. It’s also FIRMLY illegal to do this now, and it was toeing the line when Hammer and Ice did it (Vanilla Ice was forced to pay up despite having slightly changed the famous bass line of “under pressure” for his lousy song.) The more well-known the original, stolen song is, the less likely your peers will tolerate this, legal or not. Continue reading →

Observations On The Senate Olympics Investigation Report

/ Jack Marshall / 10 Comments

An 18-month Senate investigation resulted in a searing report that found the U.S. Olympic Committee—among others— failed to protect young female athletes from sexual abuse. On July 30, Sen. Jerry Moran (R-Kansas) and Sen. Richard Blumenthal (D-Connecticut) released the long report  detailing “widespread failure by the U.S. Olympic and Paralympic Committee (the “Committee”) and other institutions to keep athletes safe.”

The effort was sparked by the ugly scandal surrounding Dr. Larry Nassar, the USA Gymnastics team doctor, who was sentenced to up to 175 years in a Michigan prison after it was revealed i 2016 that he had sexually abused and assaulted hundreds of female athletes.

The report and its contents have not received sufficient publicity in mainstream media sources, and one is left to speculate on why. The Senate Commerce Subcommittee on Manufacturing, Trade, and Consumer Protection found that, from summer 2015 to September 2016,  Olympic organizations hid the extent of Nassar’s crimes from the public and athletic community “to the detriment of dozens of women and girls who were sexually abused during this period of concealment.”

Those “other institutions” impugned in the 235-page report included the FBI. “The FBI failed to pursue a course of action that would have immediately protected victims in harm’s way. Instead, the FBI’s investigation dragged on and was shuffled between field offices,” the report states. This was not, as many media reports misleadingly suggest, just a failure of sports organizations. “Hundreds of women and girls were sexually abused by Larry Nassar” when basic competence, concern and diligence in many organizations, including law enforcement, would have saved them.

Observations: Continue reading →

Will The “Woke” American Bar Association Endorse Reject “Innocent Until Proven Guilty” In Sexual Assault Cases?

/ Jack Marshall / 14 Comments

Sadly, I wouldn’t be surprised.

This is the main reason that I am no longer a member of the ABA, which has become more political and partisan with each passing year. I have often presented ethics courses for ABA sections in the past, and will probably do so in the future.  But the legal profession is one of many that has lost its ethical bearings of late, and the resolution its largest and most prestigious association will consider this week (the ABA’s annual convention begins today) is proof.

Here is the resolution (emphasis mine):

RESOLVED, That the American Bar Association urges legislatures and courts to define consent in sexual assault cases as the assent of a person who is competent to give consent to engage in a specific act of sexual penetration, oral sex, or sexual contact, to provide that consent is expressed by words or action in the context of all the circumstances, and to reject any requirement that sexual assault victims have a legal burden of verbal or physical resistance.

This is essentially the same standard that the Obama administration forced upon colleges and universities with its infamous “Dear Colleague” letter, resulting in many male students being persecuted, punished, suspended, or expelled without due process, based on an institutionalized bias in favor of female accusers.

The National Association of Criminal Defense Lawyers effectively expressed how sinister the resolution is in a statement issued on July 25, stating in part,

The criminal defense lawyer association notes elsewhere in its letter that this definition would necessarily undermine the Fifth Amendment right to remain silent, since “[t]he resolution will often force the defendant to testify in order to present evidence that consent was expressed.”

The NACDL also points out that the American Law Institute proposed revising its l Model Penal Code to include an affirmative consent standard. The ALI’s membership  rejected that proposal, as it should have, and did so decisively.

The ABA membership is more politically diverse—and principled—that the official posturings of the association itself suggests. I suspect, and hope, that this abomination of a resolution, which would be a disgrace for any legal organization to endorse, will fail. The fact that such a resolution would even make it to the voting stage is one more ominous piece of evidence that the progressive forces seeking to weaken the Bill of Rights are infiltrating all of our professions and institutions.