Law & Law Enforcement

The Emotional Support Peacock And The Tragedy Of The Commons

/ Jack Marshall / 30 Comments

The Tragedy of the Commons is a term originating in ancient economic theory describing a situation in which a shared-benefit system is destroyed by individual users who selfishly behave contrary to the common good by depleting or spoiling the resource involved. Ignorance or denial of this principle, which is based on centuries of observing the human race, is core to progressive and liberal ideology, unfortunately. Another way of expressing the tendency is the old adage, “Give them an inch, and they’ll take a mile.”

Federal regulations over the last decade–I’m assuming under Democratic auspices, but I don’t care to check,  it doesn’t matter to the post—have required airlines to accommodate passengers with not just seeing eye dogs but “therapy animals” and “emotional support animals” that supply the passengers who own them with relief from anxiety. These creatures must fly at no cost and uncaged, and so far, no discrimination regarding species have been set.  It’s a nice regulation, don’t you think?  I think its nice.

However, if there ever was a policy that guaranteed the Tragedy of the Commons, this was it. Many passengers exploit the rules by calling their pets “therapy animals”—and really, aren’t they all?—to save money and hassle. The number of animals flying in the cabin with passengers doubled, and doubled again.  Some passengers were bitten by dogs. Some animals defecated in the aisles. Some of the passengers  flew or attempted to accompanied by  comfort turkeys, goats, gliding possums known as sugar gliders, snakes, reptiles, spiders, and even more exotic companions. Continue reading →

Now THIS Is An Unethical Judge! (Plus An Important ProEthics Announcement…) [UPDATED!]

/ Jack Marshall / 25 Comments

 

Judge Jack Robison,  a state district judge in Comal County, Texas, interrupted jury deliberations to announce that God had informed him that a woman accused of trafficking a teen girl for sex should be be found not guilty. Robisonapologized to jurors for the interruption, but explained “when God tells me I gotta do something, I gotta do it.”  To their credit, the jury found Gloria Romero-Perez guilty of  trafficking anyway.

Mysteriously, 12 perfect pillars of salt were later discovered outside the courthouse.

Kidding!

Judge Robison recused himself before the trial’s sentencing phase, for which he deserves some credit. Says a local news source,  “Robison’s actions could trigger an investigation from the State Commission on Judicial Conduct.” COULD trigger? COULD TRIGGER??????

This, following the unethical sentencing performance by the judge in the Larry Nasser trial,  is the tipping point for me. Although I have an excellent and constantly updated judicial ethics seminar that I will customize for different jurisdictions (I will soon be adding, “Don’t take messages from God mid-trial to the Texas version, for example), I almost never have the opportunity to teach it. Judges, unlike lawyers, don’t have ethics requirements other that the local Codes of Judicial Conduct. They don’t have to take regular classes in judicial ethics either, and many of them—like,oh, just to pull a name out of the air, ROY MOORE–couldn’t tell a tenet of judicial ethics from a cross-eyed echidna.  Most judicial organizations don’t budget for ethics training.

Thus I am announcing, here and now, that henceforth my ethics training and consulting company ProEthics, LTD., will provide me, my judicial ethics course and the extensive materials it includes for any judicial group of any size anywhere in the country at no cost, save for my travel and, if necessary, lodging.

This will be offered as a public service throughout 2018, and we will evaluate the policy at the end of the year.

___________________________________

UPDATE: This, from the ABA…

Few federal judges face consequences as a result of misconduct complaints, and few of the complaints become public, according to a CNN analysis.

CNN reviewed nearly 5,000 judicial orders related to misconduct complaints and found that the documents “are remarkably short on details.” Since 2006, fewer than 10 cases a year were referred to a special committee for a closer investigation, and in six of the past 11 years no judges were sanctioned for misconduct. In some high-profile cases, judges facing misconduct complaints retire, putting an end to the investigation and preserving access to their pensions, the CNN investigation found…

Comment Of The Day: “Morning Ethics Warm-Up, 1/27/2018: ‘If You Want It, Here’s How To Get It’ Edition”

/ Jack Marshall / 4 Comments

Extradimensional Cephalopod was moved to write his wry Comment of the Day based on this partial post by Harold I. Ziegler ,which I quoted to illustrate the kind of reasoning that drives libertarians crazy…

Recently, videos have circulated on social media showing teens deliberately eating Tide Pods laundry detergent packs. All of this is part of what some call the “Tide Pod Challenge.” These pods contain highly concentrated laundry detergent under pressure and explode when bitten into, releasing their toxic contents and causing rapid ingestion and inhalation of dangerous chemicals. In my capacity as a toxic chemical researcher and consultant, I have investigated and seen several instances of the horrendous consequences that result from laundry pack ingestion: permanent burning of the mouth, throat, digestive tract, and lung tissue, and in some cases even death.Procter & Gamble (P&G), the manufacturer of Tide Pods, as well as other companies selling laundry detergent packs, have acted in the past to stem the misuse of their products. But these safety measures have failed.

It’s clear that laundry pods as they currently exist are too dangerous to be sold to the public. If P&G and other manufacturers can’t figure out a way to reduce the more than 10,000 injuries they cause each year, laundry packs need to be taken off the market.

I used to work for the trial lawyers association; I think product liability law is important, and that manufacturers need to consider consumer safety.  The argument  that anyone but parents are responsible when their toddlers eat Tide Pods, and worse, that anyone but the teens themselves are responsible for what happens when they put the detergent in their mouths knowing that it is detergent, however, is societally corrosive, as toxic as the pods themselves. Parents have the responsibility to keep poisons away from children. Teens have the responsibility to not take stupid dares they see on social media. If you can make Tide shelve its pods because teens are eating them, then you can ban knives with points because there’s a social media fad promoting knife-juggling. EC humorously expresses my feelings about the “if one stupid teen is saved” mindset.

Here is Extradimensional Cephalopod’s Comment of the Day on the Item #1 in the post, Morning Ethics Warm-Up, 1/27/2018: “If You Want It, Here’s How To Get It” Edition:

At first I was relating the argument for discontinuing detergent pods to the character of Wonko the Sane from the Hitchhiker’s Guide to the Galaxy. After seeing instructions printed on a toothpick container, he concluded that the world had gone mad, and put it in an asylum with himself as the warden (he turned his house inside out). After all, if you can discontinue laundry detergent because people old enough to know better are using it for a dangerous unintended purpose and parents can’t keep their cleaning agents in a safe place, then you can use that argument against literally any physical product, because someone can deliberately hurt themselves with it. Making it taste bad just adds to the challenge of self-harm.

However, after reading the article, I got an idea from the part where the author says that the companies have been dragging their feet as far as making their products less tasty-looking is concerned. Continue reading →

Morning Ethics Warm-Up,1/28/2018: Looking For The Silver Lining

/ Jack Marshall / 17 Comments

Good Morning!

1 Phooey. This was one of those annoying weeks where the blog covered a lot of diverse topics (28 posts in the last 7 days), featured excellent comments, and was rewarded by a kick in the teeth. There was a big drop in followers, especially after the post about the Larry Nassar sentencing fiasco (I got slammed on Facebook, too.) That one is not open to legitimate controversy: the judge was unethical, the manner of sentencing did breach the Judicial Canons in Michigan and elsewhere, the length of the sentence was  disproportionate, and the parade of victims was a disgrace to the system. Never mind, though: he’s a monster and didn’t deserved to be treated any better by the judge, so good for her. No wonder trying to get people to reason using ethics tools and systems is so difficult. Most people default to emotion; some lawyers on Facebook even expressed that sentiment—“You go girl!”

It is such basic ethics, and so core to the justice system, that even the worst human beings deserve to be treated with the same respect and fairness as anyone else in the justice system. It is the bedrock of professional ethics that those with the job of protecting the public’s health, safety and welfare must be role models and eschew the passions and indulgences of the public they are pledged to serve. Yet people are frustratingly resistant to both concepts, giving lip service, pretending to understand, then  regularly bouncing back to rationalizations and mob reasoning like their values were on a bungee cord.

Silver Lining: It is satisfying to be 100% sure you are right in principle, even when, indeed especially when, you are getting beaten up for it.

2. And speaking of bitches…Contemporaneously with Hillary Clinton’s transparently cynical and damning response to the revelation that she responded to a campaign staffer’s complaint about sexual abuse by Hillary’s “spiritual survivor” in 2008 by transferring the accuser while keeping her advisor around (to harass others, it seems), she released a video…

…that began with the words, “And let me just say, this is directed to the activist bitches supporting bitches.” And thus we see how the Nation of Assholes is progressing. Somehow, I didn’t see the coarsening of the culture as Americans, as they always so, emulate the conduct of the President, extending to  Hillary Clinton, but why not? She has no integrity or ethics alarms. If she thinks going potty mouth will bring her money and power, why wouldn’t she ditch civility? The woman is first and always an ethics corrupter. Continue reading →

Comment Of The Day “Morning Ethics Warm-Up: 1/27/2018: “If You Want It, Here’s How To Get It” Edition”

/ Jack Marshall / 13 Comments

Chris Marschner, who has had several, scored another Comment of the Day today with his reflections on the strange nature of “obstruction of justice ” charges, when justice would in fact be for no charges to be brought at all.

He was focusing on #3 in today’s warm-up,  which discussed yesterday’s “resistance” theory that  allegations  that the President wanted to fire the Special Prosecutor (but didn’t) prove that he was trying to obstruct justice when he fired James Comey, who so, so deserved it.

I see unmistakable signs that the “resistance” is losing its already tenuous grip on reality, and is increasingly yielding the raw hate and fury that long ago supplanted any rational criticism of Donald Trump. Consider has-been Leftist documentarian Michael Moore, who with fellow progressive performers Mark Ruffalo, Whoopi Goldberg, Rosie Perez and Cynthia Nixon, who have to do something between jobs, is pushing  Monday’s Counter-State of the Union , which is only slightly more sensible than the “scream pointlessly at the sky” event. Remarkably, among Moore, Whoopie, Rosie, Cynthia and Mark there isn’t a single political science, history, economics, or government major. In fact, there isn’t a single college degree of any kind between them, or business, government or executive experience of any kind.

 Michael Moore, speaking on behalf  of MoveOn.org (Do the Time’s Up and #MeToo crowd recall that Move-On was spawned to protest Bill Clinton facing accountability for his cover-up of sexual misconduct? Nah.), sent out an email that read in part, before the fundraising pitch,

Donald J. Trump has proven himself to be completely unfit for office, a threat to our country, and an imminent danger to the world. He is not well; he is a malignant narcissist and an active sociopath. And because he holds the codes to fire nuclear weapons, he is a singular threat to humanity.

This situation is a nightmare. And the only reason that things aren’t FAR WORSE than they already are is that millions of us have come together to engage in our democracy, resist, and organize.

But our problems go far beyond one sociopath president. The mission that we are on and the work that we must do is to tear down the rigged system that produced Trump in the first place. We must imagine the America that we want to live in. We must create the post-Trump America.

And this is actually possible: The fierce, determined Resistance movement that began after Trump’s election could create an avalanche at the polls this November. Together, we can stop Trump and the GOP and begin the work of creating the country that we imagined.

The country the Moore imagined was called the USSR. But I digress.

Here is Chris Marschner’s Comment of the Day on the post, Morning Ethics Warm-Up: 1/27/2018: “If You Want It, Here’s How To Get It” Edition: Continue reading →

The Michigan High School Ethics Bowl

/ Jack Marshall / 13 Comments

More than 100 high school students from across lower Michigan will gather February 17-18 at the University of Michigan for the fifth annual Michigan High School Ethics Bowl. The winner  will represent Michigan in the National High School Ethics Bowl held at the University of North Carolina at Chapel Hill in April. The Ethics Bowl is organized by A2Ethics, the University of Michigan  Department of Philosophy Outreach Program and the high school faculty coaches in the High School Ethics Bowl League. During the two-day competition, judges  evaluate teams’ responses to case studies written by local community members.

See? There is hope!

Here are the case studies the students will analyze, fifteen of them. I may do posts on a few of them suggestions are welcome. One of them, #2, I have discussed in several legal ethics seminars:

The Michigan Rules of Professional Conduct forbid lawyers from revealing information received in confidence (information protected by the “lawyer-client privilege” of a client), and similarly from using that confidential information for the advantage of a third person, unless the client consents.

You are a lawyer whose practice is focused almost exclusively on criminal defense. You have been active in the criminal defense bar association for several years, and you represent criminal defendants at both the trial and appellate (appeals court) levels.

One of your clients, Gilbert, age forty, is in prison for murdering a woman named Alice. You represent Gilbert in the appeal of his conviction and life-without-parole sentence. During confidential meetings with Gilbert, he confesses to you that he also murdered Bob, and he acted alone when he did. Although you were not involved with the case of Bob’s murder, you are somewhat familiar with it and know that a man named Enrique was convicted of Bob’s murder and is consequently serving a sentence of life without parole. Enrique’s conviction and sentence were recently reaffirmed after a thorough, years-long appeals process. Unless new evidence comes to light, he will not be able to appeal again.

After you are unsuccessful in challenging Gilbert’s conviction and sentence for Alice’s murder, you speak with him about Bob’s murder. He repeats his confession, this time in more detail, but refuses to consent to your request to reveal the confession on Enrique’s behalf.

Continue reading →

Morning Ethics Warm-Up, 1/27/2018: “If You Want It, Here’s How To Get It” Edition

/ Jack Marshall / 24 Comments

Good Morning (and I hope you all feel better than I do).

1 Tide Pod Update: If you want more libertarians, here’s how to get them.  At the Fortune site, Harold I. Ziegler writes,

Recently, videos have circulated on social media showing teens deliberately eating Tide Pods laundry detergent packs. All of this is part of what some call the “Tide Pod Challenge.” These pods contain highly concentrated laundry detergent under pressure and explode when bitten into, releasing their toxic contents and causing rapid ingestion and inhalation of dangerous chemicals. In my capacity as a toxic chemical researcher and consultant, I have investigated and seen several instances of the horrendous consequences that result from laundry pack ingestion: permanent burning of the mouth, throat, digestive tract, and lung tissue, and in some cases even death.Procter & Gamble (P&G), the manufacturer of Tide Pods, as well as other companies selling laundry detergent packs, have acted in the past to stem the misuse of their products. But these safety measures have failed.

It’s clear that laundry pods as they currently exist are too dangerous to be sold to the public. If P&G and other manufacturers can’t figure out a way to reduce the more than 10,000 injuries they cause each year, laundry packs need to be taken off the market.

If there is a better example of the thought processes that create nanny states and push society to eliminate personal responsibility, accountability and autonomy from its values, I can’t think of it. If people persist in the “Hit Yourself In The Head With a Hammer Challenge,” ban hammers.  How do intelligent, educated people end up thinking like this? More amazing still is that a consultant can put out an addled argument like this one for public consumption—Wait! Harold’s opinions make people stupid, and we can’t seem to stop people from reading them! Using Harold’s logic, we better ban freedom of expression! Or Harold!—and still be able to persuade clients to pay for his advice.

2. But if it’s more white nationalism you want, here’s how you get THAT…San Francisco Acting Mayor London Breed, an African-American, was voted out at by her colleagues Board of Supervisors in favor of Mark Farrell, who is white. The Horror.  will replace her as interim mayor until voters select a new mayor in June. As soon as it became apparent that the first African-American woman to lead San Francisco, albeit only because the elected mayor died suddenly, was being replaced by a white male, black citizens in the room erupted with rage, with many leaving in protest, and others shouting, “Shame, shame, shame.” “This is war!” some shouted as the meeting ended.

Nice.

In related news, the Congressional Black Caucus announced that it will boycott the State of the Union speech. Continue reading →

The Unethical Sentencing Of Dr. Lawrence Nassar

/ Jack Marshall / 40 Comments

Non-lawyers and journalists mostly cheered Ingham County Court Judge Rosemarie Aquilina’s grandstanding, self-indulgent, unprofessional and unethical handling of Dr. Larry Nassars’s sentencing yesterday. Nobody bothered to seek the opinion of criminal lawyers and judges, much less ethicists. If they had, they would have heard a loud, collective, “Ugh.”

It was a disgrace. I object to victim impact statements in sentencing, a terrible idea pushed by victim’s rights advocates, because it misrepresents the purpose of the justice system. The objective is to punish citizens for violating laws, not to get revenge for victims or their families, not to get “closure,” and not to satisfy emotional needs. The process isn’t personal, or shouldn’t be. If it is personal, then it isn’t objective. Judge Aquila threw all of that out the window as she played to the cameras and the mob.

Criminal defense lawyer and blogger Scott Greenfield aptly explained what was unethical about the parade of victims:

Nassar’s sentencing hearing is a clear example of a judge straying from promoting the public’s trust in a fair and impartial judiciary. Let’s begin with Judge Aquilina’s decision allowing over one hundred and sixty victim impact statements across seven days. 

Victim impact statements are theoretically allowed as a means of giving a crime victim the chance to describe their experience to the court. Defense lawyers aren’t typically fans of them, and too many can arguably have a prejudicial effect against a defendant.

Contrast Nasssar’s hearing with that of Dylann Roof, the Charleston shooter responsible for the deaths of nine churchgoers. Judge Richard Gergel admonished the State’s list of thirty-eight statements, cautioning against a “spectacle”. David Bruck, the attorney assigned to advise Roof, claimed the proceeding violated “every principle restraining victim impact statements under the 8th Amendment.”

Strangely, no advocate stood to question admitting impact statements from over 160 victims, including gold medal Olympians, might prejudice a jurist’s decision. It’s hard to imagine Judge Aquilina even entertaining such an argument.

It is also hard to imagine Nassar’s sleepwalking defense attorney making such an objection. She was praised by the judge for taking on an unpopular client, but taking him on isn’t enough. She was supposed to protect his rights.

Then the judge delivered her sentence, turning her moment in the national spotlight into a self-aggrandizing, virtue-signalling, vainglorious soliloquy to the gallery. This was one more example of why televised court proceedings are a bad idea.

I’m going to give you the whole transcript of her remarks, bolding the sections before my comments. Cut to the bolded sections if you don’t care to experience the full measure of Judge Aquilina’s narcissism. One section,, however, was left out of all the published versions that I could find:

“Our Constitution does not allow for cruel and unusual punishment. If it did, I have to say, I might allow what he did to all of these beautiful souls—these young women in their childhood—I would allow someone or many people to do to him what he did to others.”

The judge apparently had this excised from the official transcript. No wonder. She is advocating prison rape and by doing so, endorsing it. Michigan’s judicial ethics standards require in part,

“A judge should respect and observe the law. At all times, the conduct and manner of a judge should promote public confidence in the integrity and impartiality of the judiciary. Without regard to a person’s race, gender, or other protected personal characteristic, a judge should treat every person fairly, with courtesy and respect.”

Needless to say—I hope—‘I wish I could have you gang raped’ does not meet this standard. It is also troubling that a judge would distort the record. She said what she said, and the public should know she is the kind of jurist would say something like that—an unethical one. The state’s judicial panel should also know.

Here is the rest: Continue reading →

Kangaroo-People Abortion Ethics

/ Jack Marshall / 63 Comments

Yes, it’s true: in the alternate universe, that little thing on the left grew up to be vocal feminist, writer and abortion advocate, Kangaroo-Person Lena Dunham!

I have been reading about marsupials and kangaroos. Don’t ask why. But it got me thinking…

Imagine, if you will, a parallel universe where the human race evolved, due to the vicissitudes of chaos, from marsupials rather than primates. In every respect, the  Kangaroo-People have developed as we have. Same nations, same traditions, same institutions, same ethical standards, life expectancy, gender distinctions, laws, culture and politics. The only difference is that in this universe, the Kangaroo-People give birth like kangaroos, as females have the same reproductive equipment as their kangaroos ancestors  To look at them, you’d never know. Kangaroo Person Kate Upton looks exactly like ours;  Kangaroo Person Hillary Clinton could walk up to our Bill and he’d never know the difference. (She does have a safe place to keep her Blackberries, though.)

After a few weeks of gestation, baby Kangaroo-People are born at about the size and shape of a jellybean, with about as much personality. The Kangaroo-People mother guides her offspring by licking a path from her cloaca ( which leads into three vaginas, just like regular kangaroos in this universe) to her pouch. The baby is essentially still a fetus at this point, with incompletely developed  eyes, ears, organs and central nervous system. It does have claws, so it can crawl,  and an olfactory bulb, the section of its brain devoted to the sense of smell. This allows the baby to follow the scent of mom’s saliva into the pouch. There it latches on to a teat, and holds on as involuntary contractions of muscles in the mother’s  stomach wall force milk out of her mammary glands to the growing fetus/baby. 235 days or more later, the baby, now fully developed, emerges from the pouch. Before that, the baby Kangaroo-Person gets strong enough to periodically let go of the teat, and crawl around the pouch.

Kangaroo People celebrate their birthdays based on when they were born, of course. They also are named by Mom and Dad, and have their birth certificates filed. Continue reading →

Comment Of The Day: “Ethics Quiz: ‘NCIS’ Ethics”

/ Jack Marshall / 5 Comments

[ Again I am awash in Comments of the Day. There’s no question about it: the comments here are getting better, and more commenters are participating. There are also more comments being made to posts than ever before. 2017, despite a 10% drop in traffic from 2016, set a record for comments. This blog was always designed to be an interactive online colloquy on ethics. More views, links and shares would be nice, but I’ll take more and better comments over volume any day. You all are doing a terrific job. I may  have to make “Comment of the Day” a daily rather than an occasional feature. That would be progress.]

The latest Ethics Quiz was about this week’s “NCIS” episode in which the federal agency’s director got all misty eyed and proud to learn that his daughter had accepted the blame (and the charges) for her friend’s shoplifting because her friend was 18 (and a habitual shoplifter) and the offense would end her dream of college. Ethics Alarms readers were asked whether this was a responsible ethics message for Mark Harmon’s long-running procedural to send, especially to any children watching.

The quiz attracted uniformly excellent responses (my take is here).

Here is Greg’s Comment of the Day on the post, Ethics Quiz: “NCIS” Ethics:

I would say that the daughter acted foolishly and the father acted unethically.

The father has a duty to teach and protect his children, which he utterly failed to fulfill in this case. His daughter is showing disastrously poor judgment, placing her future seriously at risk, and he needed to set her straight. He should have lectured her on the enduring truth of the adage, “Lie down with dogs, rise up with fleas.” She should not be spending any time at all with an incorrigible thief. This other girl is big trouble. She has already gotten the daughter arrested once and if the daughter continues to hang out with her, the odds are high that she will do it again. The lesson that the daughter should have learned from this incident is that she needs to shun the company of this supposed friend. Instead, the incident has bound them together even more closely. Continue reading →