Law & Law Enforcement

Ethics Quiz: The DNR Tattoo

/ Jack Marshall / 41 Comments

 Paramedics brought a 70-year-old man to the University of Miami hospital emergency room after finding him on the street, intoxicated and unconscious. Doctors tried to revive him got no response. Then they had an unusual problem: The man had a ‘Do not resuscitate’ tattoo on his chest, with a line under the ‘not.’ There was also something that looked like his signature. Tattoos are not legally-binding DNR orders, and in Florida, there are  very specific requirements for DNRs. to be legal.  Both a doctor and the patient must sign it, and they must be on paper, not on chests.

The doctors decided to respect the man’s tattoo. They did not try to revive him after the initial efforts failed

Your Ethics Alarms Ethics Quiz of the Day:

Was that the right call?

Continue reading →

Ethics Observations On The Acquittal Of Kate Steinle’s Illegal Immigrant Killer

/ Jack Marshall / 19 Comments

Jose Ines Garcia Zarate, a serial illegal Mexican immigrant who had been deported five times and was wanted for a sixth deportation, shot young Kate Steinle in the back in 2016. Since this occurred shortly after Donald Trump, announcing his candidacy for President, had decried Mexico “sending us murderers” across the border, Zarate took on the role of Trump’s  Willie Horton.  Zarate admitted to the shooting, but said that he had just found the gun on the street, and fired accidentally. The jury found him not guilty on murder and manslaughter charges, but he was convicted on a gun charge.

Ethics Observations:

The Kate Steinle killer came back and back over the weakly protected Obama border, always committing crimes and being violent, and yet this info was not used in court. His exoneration is a complete travesty of justice. BUILD THE WALL!…The jury was not told the killer of Kate was a 7 time felon. The Schumer/Pelosi Democrats are so weak on Crime that they will pay a big price in the 2018 and 2020 Elections….A disgraceful verdict in the Kate Steinle case! No wonder the people of our Country are so angry with Illegal Immigration.

Ugh. The question before the jury was whether Zarate murdered Steinle, not whether immigration enforcement is too lax, not whether he was a bad guy, not what previous crimes he had committed. The verdict was no more disgraceful that O.J.’s acquittal, George Zimmerman’s acquittal, Casey Anthony’s acquittal, the acquittals in the Freddie Gray case, or any other acquittal where the prosecution does not prove guilt beyond a reasonable doubt.

Nobody not on the jury or the courtroom has any basis or justification to attack the verdict.

The President’s comments are embarrassingly ignorant or dismissive of the basic principles of our criminal justice system.

  • Attorney General Jeff Sessions‘ statement following the verdict was better, but still wrong:

“While the State of California sought a murder charge for the man who caused Ms. Steinle’s death—a man who would not have been on the streets of San Francisco if the city simply honored an ICE detainer—the people ultimately convicted him of felon in possession of a firearm.When jurisdictions choose to return criminal aliens to the streets rather than turning them over to federal immigration authorities, they put the public’s safety at risk. San Francisco’s decision to protect criminal aliens led to the preventable and heartbreaking death of Kate Steinle. I urge the leaders of the nation’s communities to reflect on the outcome of this case and consider carefully the harm they are doing to their citizens by refusing to cooperate with federal law enforcement officers.”

This “but for” argument is a “Back to the Future”/”Terminator” con. The fact that it was Zarate who picked up an abandoned gun that discharged and killed Steinle—this is what the jury concluded—and not a Cub Scout, a fumble-thumbed bank teller, a stoned gay guy or Pablo Sandoval is 100% moral luck.  Yes, if Zarate was in Mexico—or Iowa—Steinle might be alive today. Or maybe not.  Also if the US gave more aid to Mexico and it wasn’t such a hell hole that its citizens keep coming here illegally, she might be alive. Maybe if Zarate’s mother had been killed by an android from the future before she met Zarate’s father…

The reason to enforce immigration laws is that they are important laws and should be enforced. Steinle’s death and Zarate’s acquittal don’t affect those facts one way or the other. Continue reading →

Unethical Quote Of The Month: Detroit Attorney And Democratic Michigan AG Candidate Dana Nessel

/ Jack Marshall / 28 Comments

“Who can you trust most not to show you their penis in a professional setting? Is it the candidate who doesn’t have a penis? I’d say so.”

—-Detroit attorney Dana Nessel, a Democrat and a misandrist running for Attorney General of Michigan by suggesting that all men should be assumed to be sexual harassers and predators.

In another ad, Nessel says…

I want to tell you what you can expect me not to do. I will not sexually harass my staff, and I won’t tolerate it in your workplace either. I won’t walk around in a half-open bathrobe, and I’ll continue to take all sex crimes seriously just like I did as a prosecutor.

I wonder how feminists would react if a male candidate said,

I want to tell you what you can expect me not to do. I won’t try to influence judges to make bad rulings by wearing tight clothes and wiggling my hips. I won’t take says off because I have a period, or break down in tears under stress. I won’t try to win cases by sleeping with lawyers and judges, or not report sexual misconduct because I’ve exploited it to my own advantage.

Nessel should meet exactly the same fate as a male candidate who made those bias-promoting, sexist remarks. Continue reading →

Morning Ethics Warm-Up, 12/1/17: Moochie’s Back, And Despicable As Ever! Democratic Race-Baiting Never Went Away! And A Jury Shows Why Kate Steinle’s Shooter Keeps Coming Back To San Francisco…

/ Jack Marshall / 73 Comments

Good Morning!

(Although it was reportedly a rough morning for the former Eleanor Coulouris 67 years ago_)

Or so I was told.

1. It’s NOT okay to be white? CNN Commentator Angela Rye, formerly executive director of the Congressional  Black Caucus, told CNN audiences that “white, liberal women” were the cause of the pressure on iconic Michigan Representative John Conyers to resign from Congress. House Minority Leader Nancy Pelosi would have never called for Conyers to resign if it weren’t  the other “white, liberal women” pressuring her to do so.  Rye, who earlier in the week said that a racist double standards was causing Conyers to be pressured to resign while white Democratic Senator Al Franken was not, said,

“I think Nancy Pelosi made a commitment to the members of the Congressional Black Caucus that she would not call for Conyers resignation before due process was allowed to take place. Now she’s being faced with the pressure of white, liberal women for the most part who have told her she needs to say something different.”

Rye echoes the reported sentiment of Congressional Black Caucus member Rep. James Clyburn, who noted that all of Conyers’ accusers were white. Doubtlessly agreeing with her is Mrs, Conyers, who told reporters staking out Conyers’ home yesterday to “Go and stalk white people’s houses.”

Observations:

  • Race-baiting and using racism as an excuse for any criticism of black politicians is still the reflex response of far too many Democrats, in part because they face no consequences for doing so, and because any whites who object are tarred as white supremacists.
  • Until the news media and  progressives have the integrity to treat this tactic for what it is, and as exactly as intolerable as white racism, the nation will continue to split hard along racial lines. I guess that’s what the Left wants.
  • How can CNN justify continuing to employ a “contributor” like Rye—it has some others, too—who is a stone-cold racist?
  • How can anyone who abhors racism in all its forms continue to patronize an intentionally racial division-promoting news source that does employ someone like Rye?
  • Here, for people like Rye—you know, stupid people—are some reasons Al Franken’s situation is distinguishable from that of  Conyers: he is thirty years younger and shouldn’t have retired about a decade ago anyway; he, unlike Conyers, hasn’t flatly denied all of the allegations against him as they keep on coming; a Senator resigning is a bigger deal than a Representative resigning; and Nancy Pelosi doesn’t oversee Senate Democrats.

Also there are no reports of Franken habitually meeting with female staffers without his pants on. It’s small thing—well, not that small—but still…

2. No, really, it isn’t OK...In related news,Texas State University student journalist Rudy Martinez wrote an article entitled “Your DNA Is An Abomination”—referring to white DNA, of course—for The University Star,  the University of Texas student publication. The piece also advocated the death of whites, which is unpleasantly close to calling for them to  be killed. If you think I’m going to point out that any student who wrote this about blacks in a student newspaper would be quickly disciplined, while the newspaper editor responsible for publishing such vile material was hounded of campus, you’re right. If the University of Texas administrators had any integrity, common sense or guts, it would, this is what would happen. At least the president of Texas State, Denise M. Trauth, said that “The column’s central theme was abhorrent and is contrary to the core values of inclusion and unity that our Bobcat students, faculty, and staff hold dear.” That’s nice. Why is Texas State graduating racists? From the column:

“Ontologically speaking, white death will mean liberation for all. Accept this death as the first step toward defining yourself as something other than the oppressor. Until then, remember this: I hate you because you shouldn’t exist. You are both the dominant apparatus on the planet and the void in which all other cultures, upon meeting you, die.”

Denise Cervantes, The University Star’s editor-in-chief, pulled the column and apologized, saying “We acknowledge that the column could have been clearer in its message and that it has caused hurt within our campus community. We apologize and hope that we can move forward to a place of productive dialogue on ways to bring our community together.”

Oh, I think it was very clear in its message. Continue reading →

The Unabomber, The Red Light, And Me [UPDATED!]

/ Jack Marshall / 41 Comments

I ran a red light last night, and I’m feeling bad about it. Ted Kaczynski made me do it.

It was after midnight, and I was returning home after seeing the pre-Broadway production of the musical “Mean Girls,” based on the cult Lindsay Lohan comedy. I was late, my phone was dead, I knew my wife would be worried, and I was stopped at an intersection where I could see for many football fields in all directions. There were no cars to be seen anywhere.

Ted, , aka “The Unabomber” or “Snookums” to his friends, cited my exact situation as an example of how we have become slaves to our technology. Why do we waste moments of our limited lifespan because of a red light, when there is no reason to be stopped other than because the signal says to. Admittedly, this had bothered me before I read Ted’s complaint. Stop lights should start blinking by midnight, allowing a motorist to proceed with caution, as with a stop sign.  If one isn’t blinking, we should be allowed to treat it as if it is.

Last night, I ran the light. With my luck, there was a camera at the intersection, and I’ll get a ticket in the mail. But..

…whether I do or not doesn’t change the ethical or unethical character of my conduct. That’s just moral luck.

…it was still against the law to run the light, even it I was treating it as a blinking light, because it wasn’t

…breaking the law is unethical, even when the law is stupid, and

…there was no legitimate emergency that could justify my running the light as a utilitarian act.

So I feel guilty. Not guilty enough to turn myself in, but still guilty, since I am guilty.

But Ted wasn’t wrong.

Update: Let me add this; I was thinking in the shower.

On several occasions in the past, I have found myself stopped by a malfunctioning light that appeared to be determined to stay red forever. Is it ethical to go through the light then? The alternative is theoretically being stuck for the rest of my life. So we run such lights, on the theory the frozen stop light is not meeting the intent of the law or the authorities who placed it there, and to remain servile to the light under such circumstances is unreasonable. Yet running it is still breaking the law, and isn’t stopping for a light in the dead of night with no cars to be seen also not consistent with the intent of the law and the light? What’s the distinction?

Morning Ethics Warm-Up, 11/29/2017: Featuring Vital Questions Such As: Will Women Now Try To Look Unattractive? Should A Hospital Employ A Nurse Who Hates White People? Is That Man Trying To Rape A Manniquin With An Ice Dildo?

/ Jack Marshall / 68 Comments

Good Morning!

1  Documented insanity. The New York Times has been on an extended binge of highlighting the suffering of deported illegal residents. I could probably post several more episodes of the Ethics Alarms “Good Illegal Immigrant ” series every week. The intellectual dishonesty of almost all of these Times stories, like the pro-illegal immigrant movement itself, is impressive. Essentially, they all can be reduced to, “Isn’t it terrible that these lawbreakers have to endure the consequences of their own actions?”

Complementing these stories are periodic opinion pieces like “ICE’s Courthouse Arrests Undercut Democracy,”‘ by César Cuauhtémoc García Hernández, an associate professor of law at the University of Denver. He writes a pro-illegal immigration blog, identifiable in motive by its habitual use of the cover word “migrant” to mean “illegal immigrants” and the deliberately misleading word “Immigration” to mean “illegal immigration.” Hernández’s op-ed’s argument follows as the night follows day:

“In El Paso, ICE arrested a woman moments after she requested a court’s help keeping away an abusive partner. Fear and uncertainty caused by this type of courthouse arrest are already keeping people away from the halls of justice. In Denver, the city prosecutor gave up on four domestic violence cases because the victims said they were too afraid of ICE to appear in court. In a nationwide survey conducted in April by the nonprofit Tahirih Justice Center, four out of 10 social service providers working with immigrant survivors of abuse said they had clients who had abandoned legal claims because of fear of what will happen if they call the police or go to court.”

Wait: why were these people afraid of ICE? By immigrant survivors, doesn’t Hernandez mean illegal immigrant survivors? If he does, why doesn’t he say so? His favorite terms are “unauthorized” immigrants, and here and there “undocumented” immigrants, poor things. Whatever happened to their documents?

It’s not a threat to democracy if illegal immigrants are afraid to come to court. They should be afraid to come to court. They should be afraid to take advantage of any aspect of  our government or American society. Underlying the professor’s claimed concern for democratic institutions is his contempt for the rule of law. He wants to blur the distinction between illegal and legal immigration to the vanishing point. He quotes the California chief justice as she writes that “the vast majority” of “undocumented immigrants” “pose no risk to public safety.” Is that the desired standard for law enforcement now? As long as a known law-breaker poses no risk to public safety, he or she should be immune from arrest when they turn up in court?

The Times is apparently committed to bombarding its readers with this unconscionable position in perpetuity: our monstrous government has decided to enforce its immigration laws, and the very fabric of our democracy is threatened as a result.

2. CNN Tales.   On a related note, this morning I saw a slick TV ad on CNN supporting “Dreamer” legislation. The terms “illegal,” and even the cover words “undocumented” or “unauthorized” were never used, as various Presidents were shown extolling “immigrants.” “Dreamers” were described as “immigrants” who came here as children.

An ethical broadcast news organization should not accept money to run ads that intentionally misinform its viewers.

But THIS is CNN!…and so is this:  A CNN spokesperson told Politico…
Continue reading →

The Three Circles, Prime Directives, And President Trump [With Addendum]

/ Jack Marshall / 23 Comments

I can’t believe I have never written about this diagram before, but apparently I haven’t. That’s my fault, and a major one.

The diagram, the creation of my friend, attorney John May, shows the inter-relationship of the three ethical systems professionals must employ when they face ethics problems. For although we tend to think about making decisions in one context, there are several, and which sphere—these are circles after all—we choose will often determine what balance of values, principles and outcomes dictates the ultimate course.

Here are what the circles represent:

The Big Circle, in yellow, includes the ethics culture that we all live in. It includes our nation, society, community, family, and friends, and is a messy, inconsistent, multi-faceted, often contradictory melange of traditions, religion, customs, literature, history, heroes, fables, family influences, teachers, peers, laws, and more. This the largest system of all, the sun to the planet-sized influence of the other two systems. within it are not only the often competing ethics theories of Reciprocity, Absolutism, and Utilitarianism, but also all the variations in between and beyond–Ayn Rand, Nietzsche, Marx, and many others. In his invaluable book “The Science of Good and Evil,” Michael Shermer posits that despite all the internal inconsistencies, the Big Circle is remarkably functional, agreeing on what is right and wrong perhaps 97% of the time. The disagreements are in the realm Shermer calls provisional ethics,  akin to what Ethics Alarms is referring to when it cites The Ethics Incompleteness Principle. These are the troublesome problems where the usual principles don’t always work.

 

The Core Circle, in green, represents the values, principles, beliefs and the priority of these for an individual–you. It comprises all of those, plus such core qualities as conscience, self-esteem and courage. It’s location in the Big Circle varies with the individual. A section of it even may protrude outside Big Circle, representing the degree to which a person does not embrace the values of his or her community or culture.

Finally, there is the Compliance Circle, in red. That circle defines the special ethics of a profession, and includes ethics codes, traditions, aspirational values and professional obligations and duties.

Notice that part of the Red Circle is outside the Yellow one. These are the values about which a profession is bound to adhere to at all costs, even though the society at large often and even usually does not have the same ethical priorities. Quoting Star Trek, this is Prime Directive territory. In Gene Roddenberry’s fictional Star Fleet, it was forbidden to use the immense power a starship could muster to interfere with a planet’s inhabitants and their conduct, even to prevent what appeared to be a horrible wrong.  This principle would be repugnant to the the public at large. For example, if a starship had an opportunity to stop a genocidal race from wiping out another race on its planet, the Prime Directive would make it a crime to do so. The Big Circle would certainly view this as monstrous, but the Prime Directive wisely holds that interference must be avoided. Continue reading →

Unethical Political Cartoon Of The Month: Barry Deutsch

/ Jack Marshall / 24 Comments

 

To be fair, the Justice wasn’t much of a cartoonist…

In today’s warm-up, I briefly discussed the acquittal earlier this moth of NYPD officer Wayne Isaacs in the shooting an unarmed black motorist.  It was a weird case. Isaacs was off duty, and prompted a driver to apparent road rage by cutting him off in traffic. The motorist, according to Isaacs, walked up to his car and  struck him, and fearing that his assailant was armed, the officer drew his pistol and fired.

I don’t know if it was a coincidence or by design, but on the day of the acquittal progressive cartoonist Barry Deutsch, who once did battle (and well) at Ethics Alarms, posted this cartoon at his blog:

In the same post, he also called the late Justice Rehnquist a racist, which he was not, and made the demonstrably false statement that most police shootings involve blacks, but never mind that.

You have to really detest police and the principle of guilt beyond a reasonable doubt to regard such a cartoon as fair or enlightening. (Ethics Alarms is on record as declaring political cartoons an inherently unethical form of punditry.) No cop has been acquitted of shooting an unarmed  9-year-old kid in self-defense, and the cartoon is factually wrong that such a claim by a police officer would get him acquitted. Moreover, the case Barry is apparently referring to, Graham v. Connor, does not involve a shooting, and Rehnquist’s opinion for the majority doesn’t say what the cartoon says it does. In addition, the opinion in the case primarily relied upon by the majority in Graham, Tennessee v. Garner,  wasn’t written by the Rehnquist, but by Justice Byron White. It also specifically involved police shooting at fleeing suspects.

Thus the cartoonist a) doesn’t know what he’s talking about b) misleads his readers ( the blog is an echo chamber if there ever was one), and c) smears Justice Rehnquist. Continue reading →

Morning Ethics Warm-Up, 11/27/2017: Gibberish From Congress, Race-Blindness in the UK, Cruel Law Enforcement In Atlanta, And More

/ Jack Marshall / 30 Comments

Mornin’!

1 “Rarrit!!” You will seldom see or hear as excellent an example of Authentic Frontier Gibberish than this word salad belched out by the leader of House Democrats on “Meet the Press” yesterday. Nancy Pelosi attracted so much negative attention with her “Rep. Conyers is too much of an icon to hold accountable” blather that this masterpiece was relatively ignored. Pelosi was asked by Chuck Todd whether she would support releasing to the public the full information behind heretofore secret settlements of sexual harassment accusations against Congressmen, even indispensable, virtuous icons like John Conyers. She said…

“Well, here’s the thing. It’s really important. Because there is a question as to whether the Ethics Committee can get testimony if you have signed a nondisclosure agreement. We’re saying we think the Ethics Committee can, but if you don’t agree, we’ll pass a law that says the Ethics Committee can, a resolution in Congress that the Ethics Committee can…. But there’s no– I don’t want anybody thinking there’s any challenge here to our changing the law and see how people– when we know more about the individual cases. Well, because you know what our biggest strength is? Due process that protects the rights of the victim, so that, whatever the outcome is, everybody knows that there was due process….”

http://www.youtube.com/watch?v=0_2Npp-euLU

If Chuck Todd wasn’t a partisan hack, he would have recognized his journalistic obligation to say, “That made no sense at all, Congresswoman. Please try again.”

Public pressure is increasing to force Congress to release the names of the members of Congress who paid taxpayer funds to settle with their accusers. Good. Democrats are obviously terrified, and presumably Republicans are as well.

2. That mean Trump Administration insists on enforcing the law. The New York Times had a front page story Sunday about the plight of illegal immigrants in Atlanta. The story, entirely sympathetic to the arrested, deported, and those afraid of being arrested and deported, saying in one headline that “immigrants” (that’s illegal immigrants, NYT editors, a material distinction) fear “even driving.”

“Even driving” without a license.

Here’s a quote to make any rational American’s head explode, about a local journalist who uses social media to warn illegal immigrants when ICE is lurking,

“Asked whether he had any reservations about helping readers evade immigration law, he said he preferred to think he was helping people with no criminal records stay in the country. “Honestly, I believe it’s an honor as a journalist if the people can use your information for protecting their own families,” he said.”

Translation: “I prefer to think of what I am doing as something other than what I am really doing.”

It’s kind of like a newspaper calling illegal immigrants “immigrants.” Continue reading →

The NPR Panel On Sexual Harassment And What Didn’t Get Said

/ Jack Marshall / 13 Comments

My segment on an NPR panel yesterday regarding the sexual harassment issue was cut short because “All Things Considered” had to wedge in a report on the terror attack in Egypt. I get it: it’s live radio, and its a news show. Still, one can question whether dealing with such a difficult and complex issue in so little time—three of us plus ace moderator Michel Martin ended up splitting less than 10 minutes among us–does more harm than good. Farajii Muhammad, who was in the studio with me and whom I had a chance to chat with at length, said that he was interested in having me on his own show to discuss the issue. We shall see.

Here’s the transcript: Continue reading →