The facts showed that a drunk 16-year-old boy raped an even more drunk 16-year-old in the basement during a party. The boy recorded a video of himself penetrating her from behind, and then shared it on social media among friends along with a text that said, “When your first time having sex was rape.” The victim could barely recall the incident, and when she confronted her attacker, he denied that he had raped her even as he continued to circulate the video. When the victim, known only in public records as Mary, an alias, because of her juvenile status, learned this, she had her mother contact authorities.
The Monmouth County prosecutor’s office wanted the boy to be tried as an adult. They applied for a waiver of his juvenile status, arguing that the alleged assailant’s actions were “predatory and sophisticated.” “At the time he led ‘Mary’ into the basement gym, she was visibly intoxicated and unable to walk without stumbling,” the prosecutor wrote. “For the duration of the assault, the lights in the gym remained off and the door was barred by a foosball table. Filming a cellphone video while committing the assault was a deliberate act of debasement.”
In criminal law, the defendant’s lawyer always tries to get a “good judge,” and in this case, the accused rapist teen hit the jackpot. Judge James Troiano of Superior Court was the ideal judge for this defendant, because he apparently leads his profession in rationalizing idiocy. “Good,” in this case, meant incompetent.Continue reading →
The author is well-published law school professor Lara Bazelon, who often opines at Slate. I could, but I won’t, give Bazelon the benefit of the doubt, assuming that as a lawyer and advocate, the article is intentional hyperbole and intended to both spark debate and to assuage the conscience of other working moms. Lawyers, however, are not supposed to mislead or lie. If Bazelon doesn’t believe that she has picked her job over her kids, then she shouldn’t write it. If she does believe it, then she is rationalizing away a breach of duty.
There are millions of working mothers who have no choice other than to work when their children may need them, but Bazelon is not one of them. She writes, Continue reading →
This is yet another story among many exposing the ugliness at the heart of the “resistance” and the increasingly fascist American Left…and, as the night follows day, another story that the mainstream news media is attempting to minimize.
Andy Ngo, a conservative journalist and pundit with the emerging online opinion and news website Quillette, attended a Portland, Oregon “Him Too” rally over the weekend. “Him Too” is a counter #MeToo movement that focuses on false rape and sexual assault allegations. It was a small rally, with only a few dozen attending; heck, there are probably only a few dozen non knee-jerk progressives in Portland. The left-wing/Anfifa/Trump Hate mob that showed up as a counter-protest (aka. “organized effort to constrain free speech by intimidation”), however, was much larger.
That group generated masked thugs who attacked Ngo, a recognized anti-Muslim critic, a hate-crime skeptic and a foe of the Antifa itself. Proving his assessment correct, the Antifa beat him and threw what the news media is calling “milkshakes” at him, a description that is literally a lie designed to trivialize what occurred. Several of the missiles were cups full of quick-setting cement, not dairy products. Bloody and battered, Ngo began livestreaming on his phone after the attacks, and could be heard asking a police officer, “Where the hell were all of you?” He was admitted to a local hospital for treatment, and at last report, was still there.
While this was occurring, Portland’s finest did nothing to intervene; the police just watched, even as some of them were struck by eggs thrown by the Antifa and the Left’s counter-protesters threw trash cans, newspaper stands, and patio furniture into the streets. . Portland’s mayor, Ted Wheeler, is also the police commissioner, so media accounts that he cannot be said to have encouraged this dereliction of duty are also partisan, misleading spin.
Wheeler avoided commenting on his police force’s disgraceful performance until yesterday, when he tweeted some insulting boilerplate:
But “we” didn’tstand against the violence, not when a journalist whose political positions are anathema to the hard left views of Wheeler’s city was in the process of being beaten. Note also that the Mayor slyly blames the victim, who, like the group that dared to rally against a popular progressive cause, “incited violence.”
The last two tweets concluded,
How hard is the “real time” decision to stop a mob from beating up a journalist? Continue reading →
[ I’m a mess today; exhausted, distracted, sad. I’m mad at myself about it too, but you can’t reason away or rationalize away grief. Everything makes me think about my little dog. It’s 85 degrees; gee, is it too hot to walk…oh. Right. I feel like a nap: Hey Rugby, want to…oh. Of course. Silly me. Then that TV commercial comes on with the Jack Russell in the car letting his ears blow in the breeze, smiling. Rugby did that. Crap.
So, lazy though it may be, I’m going to put up an old post of interest, an Ethics Quiz. We’re heading into the “locking kids—and dogs—in hot cars” season, so here’s a post about that topic from five years ago.]
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Mom and mom advocate Lenore Skenazy writes the Free Range Kids blog, which I have to remember to check out regularly. She is the source of today’s Ethics Quiz, which she obviously believes has an easy answer. We shall see.
Charnae Mosley, 27, was arrested by Atlanta police and charged with four counts of reckless conduct after leaving her four children, aged 6, 4, 2, and 1, inside of her SUV with the windows rolled up and the car locked. It was 90 degrees in Atlanta that day. The children had been baking there for least 16 minutes while their mother did some shopping. A citizen noticed the children alone in the vehicle and reported the children abandoned.
“[T]he mom needs to be told that cars heat up quickly and on a hot summer day this can, indeed, be dangerous. She does not need to be hauled off to jail and informed that even if she makes bail, she will not be allowed to have contact with her children…No one is suggesting that it is a good idea to keep kids in a hot, locked car with no a.c. and the windows up. But if that is what the mom did, how about showing some compassion for how hard it is to shop with four young kids, rather than making her life infinitely more difficult and despairing?The kids were fine. They look adorable and well cared for. Rather than criminalizing a bad parenting decision (if that’s what this was), how about telling the mom not to do it again?”
Do you agree with her? Here is your Ethics Alarms Ethics Quiz of the day:
Was it cruel, unfair, unsympathetic or unkind for Atlanta police to arrest Mosely for leaving her four young children locked in a hot car? Continue reading →
In case you missed the facts of this instant ethics train wreck a legal case, here they are:
Marshae Jones, 27-years old, was five months pregnant when she attacked female co-worker, Ebony Jemison, 23, in the parking lot of a Dollar Store. The two had a long-standing and bitter rivalry over their romantic designs regarding a man who worked at the same company and who is apparently the father of the unborn child. Jones had Jemison pinned in her car while punching her repeatedly. In self defense, Jemison grabbed her gun and fired point blank at Marshae’s stomach. The car taking Jones to the hospital broke down, delaying a medical response. Paramedics eventually arrived, but the unborn child had been struck by the bullet, and died.
A grand juryindicted Jones for “initiating a fight knowing she was five months pregnant,” but chose not to indict Ebony Jemison, who fired the shot. Despite the confusing and incompetent reporting on the case, it is still not certain that prosecutors in Pleasant Grove, Alabama will ultimately prosecute Jones, who according to all reports wanted her baby. I doubt that they will. Lynneice Washington, the district attorney for part of Jefferson County, said last week that no decision had yet been made about whether to go to trial, file lesser charges against Jones, or dismiss the case altogether.
“Foremost, it should be stated that this is a truly tragic case,” her statement said. “We feel sympathy for the families involved, including Ms. Jones, who lost her unborn child.”
Observations:
1. The fact that Jemison was not charged should surprise no one, nor does it reasonably affect the ethical and legal issues at issue here. She was attacked. The law of self-defense almost universally allows the use of deadly force when the alternative is sustaining a serious beating. If one is attacked by a pregnant woman, the response to the attack does not have to be moderated because of the possible consequences to an unborn child. The responsibility for any adverse result to the fetus is completely the expectant mother’s.
3. Alabama law declares a fetus to have the rights of a person from the moment of conception. There is nothing unethical or unreasonable about such a law, whether or not you agree with it. The reverse law, that a fetus/embryo/unborn child has no rights until birth is also ethically and legally defensible. Both cause practical problems and ethical conflicts and dilemmas, as do any compromise positions.
4. As long as a jurisdiction allows abortions within Supreme Court guidelines, there is nothing unethical about the jurisdiction prosecuting someone other than the mother who kills a fetus, intentionally or through negligence. 38 states have laws that classify fetuses as victims in homicide or assault, according to the National Conference of State Legislatures. In Alabama, a “person” includes embryos and fetuses at any stage of development, and the state leads the nation in such prosecutions. Last year, Jessica Lindsey, 29, was sentenced to 10 years in prison after pleading guilty to chemical endangerment for using heroin while pregnant. Raven West, a heroin addict who gave birth to a stillborn baby, received a five-year suspended sentence last year. And Alexandra Laird, who gave birth to two children who tested positive for heroin, received two suspended 10-year sentences and access to a treatment program, according to court records.
Regarding those three results: Good…Good…Good. I have no problem with them.
4. The question is, how different is a pregnant woman who starts a parking lot fist fight that precipitates sufficient violence to kill her unborn child from a woman who knowingly ingests toxic substances that harm or kill a fetus? I don’t see a material difference. If not, then why is it unreasonable to prosecute Jones?
5. It is amazing how deftly the same progressive advocates can turn on a dime and go from “Think of the children!” to “DON’T think of the children!” depending on what’s expedient at the time.
6. Although Alabama is currently challenging Roe v. Wade, this case has nothing to do with its defiant anti-abortion law. I see no reason to believe that Jones wouldn’t be charged under the same criminal statute a year ago or five years ago. This episode has just given pro-abortion advocates an opportunity to attack the state and make Jones into a martyr, though she was not seeking an abortion. At about 20 weeks pregnant, Jones was within the range where she could have had an abortion before the new law, so the feminist argument is, I guess, that if you can legally abort an unborn baby, you should also be able to get it shot without any consequences.
Nice.
7. The callousness with which the news media tries to spin stories related to the unborn is striking. Here’s the Washington Post:
“The 27-year-old was five months pregnant when she was involved in a fight that, authorities say, prompted a woman to fire a gun in self-defense. The bullet tore through Jones’s abdomen and caused a miscarriage.”
No, the bullet struck the unborn child and killed it. That’s not a “miscarriage.”
8. Whatever the outcome, Jones caused the death of her unborn child through outrageous, violent and uncivilized behavior, and warrants no sympathy whatsoever.
As always in such stories, her family says that Jones is a saint. Her mother calls her “a fun-loving mom, churchgoing, a hard-working lady,” insisting, “My child just doesn’t bother anybody.” Except, that is, a woman trying to make time with the father of Jones’ unborn child, in a parking lot, where she engages in a fist fight. Yeah, that Marshae is a responsible, model citizen! How could this happen to her?
9. Her lawyers say, absurdly,
“This young mother was shot in the stomach while five months pregnant and lost her baby as a result. She lost her home to a fire and lost her job. Now, for reasons that defy imagination, she faces an unprecedented legal action that subjects this victim of violence to further distress and harm.”
I know lawyers must defend their client’s zealously, but this is legal demagoguery. She was shot because of her own criminal actions. She was fired because she attacked a co-worker. She was a “victim of violence” necessitated by her own attack. I don’t know what the fire has to do with anything; the statement just as well might have said, “And she faces painful root canal work due to chronic tooth decay.” Talk about throwing in everything but the kitchen sink!
1. Any ideas about what was going on here? I’m stumped. This is New Orleans public defender—that is, former New Orleans public defender—Ashley Crawford:
She began working for the Orleans Public Defenders last October, and since that time apparently handled over a hundred cases without having ever acquired a license to practice law. The Orleans Public Defenders said the bar certificate of good standing she presented to the office last fall when she was employed had been falsified, and Ashley used the bar number of another attorney. She’s fired now, and facing charges.
Crawford graduated from the Loyola University New Orleans College of Law in 2016, then clerked for a New Orleans judge beginning that fall. Judicial clerks are not required to pass the bar exam, though many do.
Why would she—would anyone—do this? Now she is facing criminal penalties, and will never be able to practice law legally. It should be far easier to pass the bar exam and be admitted properly than to fake having a law license. She also has caused havoc for the judicial system: any defendant convicted while being represented by Crawford has an automatic right to a new trial.
There’s a lesson, a tragedy, a made-for-TV movie here; I just wish I knew what the lesson is. Continue reading →
And I’m not even referring to the Yankees beating the Red Sox 17-13 in the first MLB game ever played in Europe.
Also, much thanks to the many readers who sent their condolences to me and my family. It helped.
1. Keepin’ a-goin’! Believe it or not, having to say farewell to our sweet, vocal and witty Jack Russell terrier was not necessarily the worst part of our Saturday. This makes today another ethics challenge, that being the theme of the intentionally simple-minded poem used by comic actor Henry Gibson on “Laugh-In,” “The Dick Van Dyke Show,” and later as a country music song in Robert Altman’s “Nashville.”
The ditty was “Keep A-Goin,” and Gibson, unethically, left the impression that he had written it. He hadn’t: the poem was written Frank Lebby Stanton (1857-1927), now forgotten, and Henry (who died in 2009) bears some of the responsibility for that, though the poem was ripe for stealing since the copyright expired long ago.. The “Nashville” credits claim Gibson was the author of the song. Wrong. Here it is:
Ef you strike a thorn or rose, Keep a-goin’! Ef it hails, or ef it snows, Keep a-goin! ‘Taint no use to sit an’ whine, When the fish ain’t on yer line; Bait yer hook an’ keep a-tryin’— Keep a-goin’!
When the weather kills yer crop, Keep a-goin’! When you tumble from the top, Keep a-goin’! S’pose you’re out of every dime, Bein’ so ain’t any crime; Tell the world you’re feelin’ prime— Keep a-goin’!
When it looks like all is up, Keep a-goin’! Drain the sweetness from the cup, Keep a-goin’! See the wild birds on the wing, Hear the bells that sweetly ring, When you feel like sighin’ sing— Keep a-goin’!
Since around 4:30 pm yesterday, I have felt like doing absolutely nothing other than grieving and helping the rest of my family deal with the sadness that engulfs us. But, as another poet memorably said, I have promises to keep, and miles to go before I sleep.
1. Eric Swalwell literally pressed the ageist position, using the tired cliche of “pass the torch.” The old Democrats like Sanders, Biden and Warren LOOK so old it is hardly necessary to point it out; Swalwell’s harping on “the new generation” reeks of bigotry. What has Swalwell done, other than to be younger than dirt, to justify anyone trusting him with executive power? Let’s see: he’s been an assistant DA and a House member. He’s never run anything in his life.
2. Every candidate on-stage raised their hands to indicate they are in favor of U.S. health care covering illegal immigrants. All but one want illegal immigration to be only a civil offense. The “Think of the Children!” lies about “children in cages” and evil ICE were treated as fact all night. Biden endorsed the fatuous position that only illegal immigrants who commit ‘major crimes” should be deported. KABOOM.
So anyone can illegally come here, especially if they are dragging a kid or three, and force Americans to pay for their health care. Under what ethical system other than free-floating altruism is that a fair or responsible position? The Democratic Party wants open borders, and worse, wants to achieve it while denying that this is its position.
3. Pete Buttigieg unethically and cravenly threw his own police officer to the wolves under the bus by essentially pronouncing South Bend Sergeant Ryan O’Neill guilty of shooting Eric Logan out of racist animus. Buttigieg said that he tried to eliminate racial bias—aka bigotry—by police but couldn’t, and blathered, “I am determined to bring about a day when a black person driving a vehicle and a white person driving a vehicle, when they see a police officer approaching, feels the exact same thing: a feeling not of fear, but of safety.” The problem is that the investigation of the shooting has not been completed, or even begun.
South Bend Sergeant Ryan O’Neill responded to the Central High School Apartments parking lot around 3:30 a.m. on Sunday, June 16, investigating a tip that someone with a flashlight was breaking into parked vehicles. O’Neill was alone when he pulled into the parking lot; six vehicles had been broken into and had items stolen.
The officer said he saw Eric Logan with his legs sticking out of a vehicle, and that Logan stepped out of the car holding a knife and refused to drop it when O’Neill repeatedly ordered him to do so. The officer claimed Logan lunged at him with the knife, and in response, fearing for his life, O’Neill fired two shots, fatally striking Logan in the abdomen.
Logan’s family says O’Neill’s version is inconsistent with Logan’s personality—you know, like Michael Brown was a “gentle giant.” Logan did not have a violent criminal history, he had only previously served time in prison for drug distribution and had a prior conviction for carrying a handgun without a license—a model citizen, in other words.
The white officer is being convicted of racism and murder on the basis of his occupation and color, and the Mayor of South Bend is helping. Continue reading →
Once again I am trying to get a post up while furiously preparing for a program, this time a super-sized version of “Ethics Rock Extreme” for a federal agency, in collaboration with the marvelous Mike Messer, my rock/country/pop singer and guitar virtuoso partner of almost 20 years….I’ll begetting to ethics observations on last night’s debate when I return, if I return.
1. “Think of the children!” porn. I’m sure you’ve seen this…
…and have read or heard some of the shirt-rending and hair-tearing prompted by the viral photograph of a drowned “migrant” and his infant son. The injection of pure, unreasoning emotion and sentimentality into the illegal immigration debate is cynical but predictable, and this is just an escalation of the media campaign to frame all illegal immigration in romantic and sentimental terms.
The photo should change nothing. The death of an infant irresponsibly and recklessly taken on a dangerous journey (as well as an illegal one) is the fault of the parent who brought him, not the Presient of the united States, not ICE, not immigration officials. Democrats like Chuck Schumer who exploit such a photo are unconscionable. “Seeking a better life” is not now now has ever been a justification for breaking the law. The photo of an adult and an infant who die in the course of a dangerous attempt to break U.S. laws should prompt pity for the child and anger at the adult, no more, no less.
Those taking up the “Think of the children!” cry need to be asked if their solution is to provide ferry rides across the Rio Grande for children who are forced to accompany their parents in attempts at illegal immigration. Or U.S. lifeguards stationed on the shore, perhaps. Continue reading →
Apparently there is some disappointment among social justice warriors that the much ballyhooed “inclusion rider,” promoted by actress Frances McDormand in her 2018 Oscar acceptance speech, has not taken the city by storm despite abundant lip service from the Tinsel Town “woke.” What a surprise: a business that either thrives or falls on the quality and popularity of its product chooses to make artistic decisions based on talent and merit rather than tribal quotas.
The “inclusion rider,” in its most literal form, is essentially a pledge to engage in discrimination, and to subjugate the purpose of art to “diversity” goals. All one has to do is observe the practices of “inclusion” advocates like Ava DuVernay, currently embroiled in controversy over her racially slanted portrayal of the Central Park Five story in her series, “When They See Us. She has vowed to hire only female directors for her series “Queen Sugar.” And how is refusing to hire an entire gender for a project “inclusion”? Well, one has to comprehend the tortured logic of the Diversity Nazis to answer that question. Continue reading →
Ethics Alarms 