Law & Law Enforcement

Comments Of The Day: “Ethics Quiz: The Low IQ Parents”

/ Jack Marshall / 5 Comments

This happens some times: I announce a Comment of the Day, I’m delayed in posting it, and because the comment was so provocative, it attracts equally excellent comments. This time I’m going to eschew the awkward “Comment of the Day: Comment of the Day on the Comment of the Day route, and link the comments up in sequence, beginning with the initial COTD by valentine0486.

Here are sequential Comments of the Day on the Ethics Quiz, “The Low IQ Parents.” I’ve learned a lot already. The whole comment thread is excellent and you should read it; I’m starting ats valentine0486’s COTD

I worked for two years with developmentally disabled individuals within the range of these two people. And, as much as it is sad and as much as I generally don’t like it when government makes these decisions, I am absolutely 100% certain that none of the individuals I worked for could properly raise children. As such, the state’s actions here are ethical, if the reasoning is somewhat dubious.

Let me share with you just some brief highlights of my time working with this segment of the population. I will abbreviate their names, so as to protect their identities. Please note that all of these individuals had higher IQs than Amy, and they may have all been tested as higher than Eric Continue reading →

Congratulations To New York Times Reporters Glenn Thrush and Maggie Haberman, Winners Of The First Ethics Alarms “Popeye”

/ Jack Marshall / 16 Comments

Now and then I see or read about something that seems too trivial for a post, but it gnaws on me and torments me, and I worry that, like Lewis Black’s famous over-heard  “if it wasn’t for my horse, I wouldn’t have spent that year in college,” it will fester and eventually kill me. I’m going to launch a new category for these things, the Popeye, in honor of the gruff spinach-eating sailor’s quote that signaled a fight was coming, “That’s all I can stands, cuz I can’t stands no more!”

This morning, while reading this story by Times reporters Glenn Thrush and Maggie Haberman about the President gratuitously attacking his own Attorney General, I read this sentence…

“But even if Mr. Sessions remains in his job, the relationship between him and Mr. Trump — the Alabama lawyer and the Queens real estate developer, an odd couple bound by a shared conviction that illegal immigration is destroying America — is unlikely to ever be the same, according to a half-dozen people close to Mr. Trump.”

Wait—when did Sessions or the President express the “conviction” that ” illegal immigration is destroying America”? I googled the phrase. Few references came up, but over half of those that weren’t quotes of this article came from pro-illegal immigrant sources, as their exaggerated characterization of what illegal immigration critics say or think. It is a false representation, explicitly designed to make such critics appear hysterical and foolish.  Continue reading →

Bravo! Professor Turley And Sir Thomas More On The Disgraceful, Dangerous, And Deranged Professionals Of “The Resistance”

/ Jack Marshall / 2 Comments

Law professor/blogger Jonathan Turley’s latest essay, “Roper’s Resolve: Critics Seek Dangerous Extensions Of Treason and Other Crimes To Prosecute The Trumps” had me at “Roper,” Turley’s direct reference to the most often posted movie clip on Ethics Alarms,* the scene above from “A Man For All Seasons.”  Turley applies the scene correctly, too, to the depressingly large mob of previously respectable and responsible lawyers, elected officials, scholars, academics, journalists and pundits who have betrayed their professions’ values and ethics to falsely tell a gullible public that the President and members of his family, campaign and administration have committed treason, espionage, conspiracy, election fraud and obstruction of justice when such accusations are not supported by law or precedent, evidence, facts or common sense. These accusations are, rather, the product of unreasoning fury and bias sparked by Donald Trump’s election as President.

Some of the individuals Turley names, like Senator Tim Kaine, Hillary’s running mate, may be just spewing political bile out of a lack of integrity. Kaine is a former prosecutor and should know better. Some, like Cornell Law School Vice Dean Jens David Ohlin, may be examples of bias making smart people stupid. MSNBC legal analyst Paul Butler, who claimed Trump was “conspiring with the U.S.’ sworn enemy to take over and subvert our democracy,” and who declared it is now “clear” that “what Donald Trump Jr. is alleged to have done is a federal crime” are, sadly, typical of how the unethical and dishonest the news media now behaves much of the time. As for my fellow legal ethicist Richard Painter, also fingered by Turley, I’m convinced from his increasingly extreme and hysterical anti-Trump analyses  that he has been driven to the edge of madness by Trump’s election. He’s not the only one.

Turley also points to former Watergate assistant special prosecutor Nick Akerman, who is just plain wrong. One cannot claim, as Ackerman does, that there is “a clear case that Donald Trump Jr. has met all the elements” of a violation of the election laws when, as Turley points out, no court has ever reached such a conclusion. That is prima facie evidence that there is no clear case.

Echoing More, Turley writes, Continue reading →

Morning Ethics Warm-Up: 7/20/17

/ Jack Marshall / 63 Comments

Καλημέρα!

[This is pronounced “Kaliméra!,” not to be confused with “Calamari!” My father frequently got them confused when he visited Greece with my mom, the former Eleanor Coulouris, and embarrassed her by greeting the natives some mornings by cheerily saying, “Squid!“]

1. The newspaper Arts section headline says, “Mayor Ties Arts Money To Diversity.”

The mayor in question is New York City’s DeBlasio, and since his own family is “diverse,” naturally every other entity has to be, or it is baaaad. This is why I oppose government funding of the arts unless it guarantees that the nation, state or city will not attempt to use its support to control the arts organizations in any way.  Of course, governments will never do that, because manipulating the arts to advance  political agendas is usually the underlying motive in arts grants. Ideologues like De Blasio—wow, he’s terrible—will constantly be grandstanding and doing everything in their power to manipulate artists and their art to ensure that they send the “right” messages—you know, like Nazi art and Communist art. It is exactly the same theory and practice: art as political indoctrination.

Quick: who thinks that De Blasio will be focusing on “diversity” in the management (or on the website) of the Dance Theater of Harlem? Even if the government doesn’t attach strings to its support, arts organizations know that there are more of them than there is tax-payer money to disperse, so there is terrible and often irrsistable pressure to distort their product to give their state funders what the artists think they want—just to be safe.

My professional theater company refused to do that, sticking to the integrity of our mission and not resorting to tokens and virtue-signalling. My now defunct professional theater company, that is.

2. Yesterday, I highlighted the head-blasting comments of New York Times film critic A.O. Scott and his alternate-universe pronouncements about the Obama presidency. To be fair to A.O., his entire profession is packed with historical and political ignoramuses who make their readers dumber with every review. I once created a theater reviewer’s code of ethics, which I mailed to a critic, who sent it back to me with a note that said, “Mind your own business.” Years ago, I published an essay that was called “Why Professional Reviewers Are Unethical,” that began,

When Variety announced that it was firing its in-house film and drama reviewers, there was much tut-tutting and garment-rending over the impending demise of professional reviewing in magazines, newspapers and TV stations. The villain, the renders cry, lies, as in the Case of the Slowly Dying Newspapers, with the web, which allows any pajama-clad viewer of bootleg videos to write film reviews, and any blogger who cares to write a review of a play. “I think it’s unfortunate that qualified reviewers are being replaced,” said one movie industry pundit, “but that’s what’s happening.”

I say, “Good. It’s about time.”

It’s not happening quickly enough, though. “Dunkirk” is opening this week, and, as I predicted, film reviewers are showing their utter historical ignorance. The Washington Examiner skewers them deftly in an essay called “Why the (True) History of Dunkirk Matters.” Highlights, or rather lowlights:

  • USA Today critic Brian Truitt complains that “the fact that there are only a couple of women and no lead actors of color may rub some the wrong way.” He is not the only film critic to observe this.

Morons.

  • Slate.com critic Dana Stevens claims that the British Army at Dunkirk was the “last bulwark against Nazi invasion of the British mainland.”

Not even close to true. Continue reading →

I Finally Saw “O.J.: Made In America,” And I Am Depressed

/ Jack Marshall / 42 Comments

Inspired by the upcoming parole hearing, in which double knife-murderer O.J. Simpson is expected to be paroled (and should be), I decided to watch a much-praised documentary series that I had thus far avoided.

Ezra Edelman’s “O.J.: Made in America” (not to be confused with “The People v. O.J. Simpson: American Crime Story,”the dramatic TV mini-series starring Cuba Gooding, Jr. as the fallen football great, released the same year ) is a 2016 documentary produced for ESPN Films and their 30 for 30 series. I saw it a few days ago. I’m sorry I did.

Not that the film isn’t excellent, thorough, fair and though-provoking. It is. Nor was there too much in it that surprised me. Simpson defense attorney Carl Douglas gloating over how the defense team unethically and dishonestly altered Simpson’s home to deceive the jury made me want to punch him in his smug face, but I already knew about that outrageous tactic. Seeing Mark Furmin on the stand invoking the Fifth Amendment when he was asked whether he had ever planted evidence at a crime scene made me want to gag, but it made me want to gag when I saw it live. One more time, I was convinced that the prosecution had so botched the case that there was plenty of reasonable doubt for a jury to employ to acquit O.J., just as it was obvious from the trial that he was guilty as sin. All of this I expected.

I did not expect to be so emotionally troubled and ethically disoriented by the conclusion of the film, in which one African-American after another, most of them speaking in the present day, tells the camera with various levels of offensiveness that O.J.’s acquittal was a great moment for black America, a form of redemption, pay-back for centuries of abuse and decades of  discrimination by police and the justice system, proof that the system can work for African Americans and not merely against them, a well-earned poke in the eyes of white America, sweet vengeance and retribution, and a result to be honored and cherished as victory for blacks everywhere.

A prominent minister and civil rights leader actually compares Simpson’s acquittal to Jackie Robinson breaking baseball’s color barrier. I wonder what Robinson would have thought about that comparison. Continue reading →

Morning Ethics Warm-Up: 7/19/17

/ Jack Marshall / 32 Comments

Yeah? What’s so “good” about it? HUH? Well?

1. In an article/discussion about the impact of George Romero, the zombie genre creator who died last week, New York Times film critic A.O. Scott said, and I’m not making this up,

A few years ago, when I did a Critics’ Pick video on [Romero’s “Night of the living Dead,”], I hinted that [the film’s African-American hero’s]death could be read as a prophecy of Barack Obama’s presidency: A calm and competent African-American saves the white people from their own rashness and stupidity (as well as from zombies) and is destroyed. Now, of course, the prophecy seems all the more chilling. The casual, unapologetic and ultimately self-destructive violence of white supremacy is the true and enduring horror of American life.

Wait…What?

This insulting, counter-factual, absolutely crackers statement may be an opinion, but it is so stunningly biased and warped that it should have set off ethics alarms at the Times, if any exist. If the film critic could say this in print, he says it among his colleagues. If he has said it among his colleagues and no editor, pundit or colleague has grabbed him by the lapels and said, “What the hell are you talking about, man? You better keep that crap to yourself, because it embarrasses the paper. Better yet, I think you need a vacation!”, then this strongly suggests that almost everyone at the Times is marinating in a crippling fantasy culture that makes independent, objective, trustworthy reporting and punditry impossible.

A.O.’s statement self-destructs at “calm.” Obama “saved” nobody; in fact, he either deliberately or incompetently degraded the one area of our society he was elected to improve: racial harmony and respect. How does a black character’s death (the movie’s hero is shot by authorities who assume he is a zombie) “prophecy” the fate of Barack Obama, elected President twice, cheered upon his leaving office, and immediately rewarded with historical revisionism, obscene speaking fees and a book contract? [I hate to cavil, but it really needs to be pointed out that the Duane Jones character in “Night of the Living Dead,” far from saving the white characters, gets them eaten and zombified by adamantly rejecting one obnoxious white man’s insistence that they should all just lock themselves in the basement. After all those white people the Obama-like hero  “saved” according to A.O. are ambulatory brain-eaters, he survives the zombie onslaught—by locking himself in the basement! I suppose this “prophesied” leading from behind.]

The critic’s statement is thinly veiled anti-white racism, bubbling up from the concentrated anger and Trump hysteria at the Times. White supremacy. Sure, A.O. I won’t be reading any of your reviews anymore, nor your fellow critic Jason Zinoman, who either agrees with your fanciful and hateful assessment, or didn’t have the integrity to tell you that you are paranoid and nuts on the record. Either way, he is also a fool. I don’t care what either of you think about movies, since you view them through bullshit colored  glasses.

2. I have three times now prepared to write a post about what I now call Anti-Trump porn at the Times, highlighted every week by the Sunday Times “Review Section.” Last Sunday was another one. This section’s obsession is stunning: the section is loaded with unrestrained Trump hate, ad hominem insults and hysteria and  from every perspective. I would think other Times readers would be bored, not to mention alarmed, by this monotonous vive and broadcast of bias (An unbiased newspaper would not allow one topic and one point of view to monopolize its weekly commentary section), but apparently the Times readership is insatiable.

The res ipsa loquitur feature this time was an editorial cartoon by Art Spiegelman, who is a brilliant cartoonist when at his best. Like most cartoonists of a political bent, he is all ideology and advocacy, and pretty much devoid of respect for facts and balance. Here was his comment after November 8:

“I see something similar to Hitler in that it’s gone very fast to things that seem surreal to me, like Trump supporters shooting four civilians at a polling place in California – one of them died. And there’s the slide towards uncivility, from what I read on the internet. For the first time I got to see my name with three parentheses signs around it. I don’t think it was a secret that I’m Jewish, but they were making sure that the alt-right people would know that I was Jewish. That’s just something I saw a couple of days ago. ‘Oh, I see. OK, it’s a new day.’ And at this point we don’t care about refugees’ lives. They’re not white lives. So yeah, sure, I’m worried.”

Shut up and draw, Art. Trump supporters did not shoot four civilians at a polling place in California. Middle East refugees are white. And Art must not check the internet very often, if he judges any single  excess or outrage as proof of anything. His was a statement of pure intellectual laziness, bias, bigotry and hysteria—but never mind, political cartoonists don’t have to be fair, accurate or responsible. They just have to communicate what a biased paper’s editors know even its own biased pundits couldn’t get away with, and have the defense that “it was just supposed to be funny!”  Thus here was the Spiegelman cartoon featured on page two of the Times’ Review section last Sunday: Continue reading →

Great…Now I Have To Defend ANOTHER Complete And Utter Jerk [Updated]

/ Jack Marshall / 30 Comments

University of Central Florida student Nick Lutz set out to humiliate his ex-girlfriend after she sent him a letter (above)  apologizing after their breakup, so he graded it like a school paper, and instead of keeping the exchange private and between them as a responsible, decent, fair adult would, he tweeted it to the world, where predictably, since the Twitterverse is populated by a lot of people like Nick, it went viral, with hundreds of thousands of like-minded jerks “liking” it.

Nick is, at this stage of his life, a toxic creep without properly functioning ethics alarms. However, his school had no legitimate interest in this matter. Yet it placed him on two semesters of suspension and probation as punishment for this entirely non-school related conduct. (No, the badly treated ex- is not a student.) UCF sent Nick two letters, the first stating that he may have violated the law (no, he didn’t), while the second stated that he had violated the university’s student rules of conduct regarding disruption and cyber-bullying.

Baloney. Read the rules; I did.  Even though the rules are unenforceably broad, they wouldn’t apply to his conduct: Continue reading →

What Clarence Darrow’s Dayton Statue Stands For

/ Jack Marshall / 16 Comments

Apparently about a third of the population of Tennessee still doesn’t buy Darwin’s Theory of Evolution (according to a 2015 Pew Research Center study) so it should not be too much of a surprise that in Dayton, Tennessee,  site of the famous 1925 Scopes Trial, a newly erected statue of Clarence Darrow in front of the historic red brick courthouse where the trial took place was met with some protests. At a County Commission meeting in the town,  resident Ruth Ann Wilson suggested that bronze Darrow might unleash a plague or a curse. “I rise in opposition to this atheist statue, all right?” she said. “This is very serious, folks.”

No, that isn’t serious, but the persistence of ignorance both generally and about the issues battled over in 1925 are.  Another resident, Brad Putt, is quoted by the New York Times as saying,  “People around here know that if you have a court case, you have to have two sides,” referring to the fact that there has been a Williams Jennings Bryan statue standing in front of the courthouse  since 2005. “You can’t have Optimus Prime unless you have Megatron. You’ve got to have a yin to the yang.” Well, that’s not quite right either, depending on what Bryan and Darrow symbolize. If the idea is to have the most famous opposing counsel in U.S. legal history facing off, okay, that’s fair. If he is saying, as I think he is, that science and religion must counter and balance each other, that’s nonsense. Continue reading →

Ethics Dunce: Attorney General Jeff Sessions

/ Jack Marshall / 22 Comments

There were many good reasons to oppose Jeff Sessions as President Trump’ nominee to be the next Attorney General. One, which I focused on, was that his nomination foolishly fed into the Democratic slur that Trump and the Republicans were racists. Sessions had been successfully tarred decades ago based on some racially-insensitive comments he had made, and even though tangible evidence of any racial bias was thin, it was foolish for Trump to court a controversy when there were plenty of equally or more qualified candidates. Another reason was that Sessions had been an early supporter of Trump’s candidacy for the GOP nomination, which is signature significance for stupidity, poor judgment or recklessness. Take your pick.

Now Sessions has announced, while speaking at a National District Attorneys Association conference, that the Justice Department will issue new directives to increase the federal government’s use of civil asset forfeiture, an unethical, Constitutionally dubious practice that needs to be cut back or eliminated.

“[W]e hope to issue this week a new directive on asset forfeiture—especially for drug traffickers,” Sessions said. “With care and professionalism, we plan to develop policies to increase forfeitures. No criminal should be allowed to keep the proceeds of their crime. Adoptive forfeitures are appropriate as is sharing with our partners.”

 

Utah’s Republican Senator Mike Lee expressed alarm at Sessions’ announcement yesterday, saying in a statment, “As Justice Thomas has previously said, there are serious constitutional concerns regarding modern civil asset forfeiture practices. The Department has an obligation to consider due process constraints in crafting its civil asset forfeiture policies.” Justice Clarence Thomas’ had written in his dissent in an asset forfeiture case last month that forfeiture operations “frequently target the poor and other groups least able to defend their interests in forfeiture proceedings.” Continue reading →

Morning Ethics Warm-Up: 7/18/17

/ Jack Marshall / 17 Comments

It’s an All-Fred Morning!

Every day, Ethics Alarms head scout Fred sends me multiple suggestions for posts from he finds heaven-know-where. Even when I can’t fit them in, they often serve as references and always are enlightening.

1. I suspect this belongs in the Polarized Nation of Assholes files: For two years, since he returned from service combat zones in Iraq and Afghanistan, Lieutenant Commander Joshua Corney, has kept his promise to salute his fallen comrades in arms by playing a recording of Taps every evening before 8:00 p.m on his five-acre property in Glen Rock, Pennsylvania. It takes 57 seconds. It does not exceed volume limits. My dog barks longer that that every night after midnight when we put him out. Nonetheless, some of Corney’s neighbors have filed objections with the  borough. Now Glen Rock, which allows church bells to ring, among other sounds, ordered Corney to limit the playing of taps to Sundays and what it termed “flag holidays.” Each violation of the borough’s order would bring a criminal fine of 300 dollars. But the borough’s enforcement action involves two big constitutional no-nos: the heckler’s veto and content-based censorship. The borough is relying on a nuisance ordinance that prohibits sound that “annoys or disturbs” others, and just one individual annoyed by the somber Civil War era bugle solo is enough to deliver a “heckler’s veto.’

The ACLU is on the case, and backing Corney as he fights the action. It writes,

“If a “heckler” could shut down anyone who said or played something that annoyed or offended them by complaining to government officials, freedom of speech would be no more. For more than 75 years, it has been black letter First Amendment law that the government cannot censor speech simply because it is not universally appreciated.

Moreover, the borough cannot use its vague nuisance ordinance to single out only Lt. Commander Corney’s musical expression for censorship from the range of sounds that are part of the borough’s regular sonic landscape. The borough has not ordered Lt. Commander Corney to lower the volume of taps or claimed he has violated a noise-level ordinance.

And it could not claim such a violation because the recording neither exceeds any established noise levels nor is it as loud as many other sounds the borough tolerates — including many sounds that do not communicate a message, like lawnmowers, leaf blowers, chainsaws, and vehicles. Censoring clearly protected expression, like taps, for being too loud, while allowing louder sounds that carry no constitutionally protected message turns the First Amendment on its head.”

Bingo. It is in cases like these that the American Civil Liberties Union shows how essential its role is in protecting the freedoms here that are so frequently under attack.

2. I was surprised when I learned some time ago that undercover police officers used to routinely have sexual relations with prostitutes before arresting them (homosexuals too, when they werebeing persecuted and  prosecuted). Just two months ago, Michigan became the last state in the U.S. to make it illegal for police officers to have sexual intercourse with prostitutes in the course of an under-cover (or covers) sting. Now Alaska wants to go an additional step, banning “sexual contact” with “sex workers” entirely. This could be mere touching or kissing. Advocates of Alaska’s House Bill 73 and Senate Bill 112 argue that police catching sex workers in the act by engaging with them sexually is a human rights violation, and Amnesty International has made an official statement supporting that claim: “Such conduct is an abuse of authority and in some instances amounts to rape and/or entrapment.” Police, quite logically, point out that the bill would make  successful undercover investigations impossible, which is, of course, the whole idea.

“[The prostitutes] ask one simple question: ‘Touch my breast.’ OK, I’m out of the car. Done. And the case is over,” Anchorage Police Department Deputy Chief Sean Case told the Alaska Dispatch News in a hypothetical example. “If we make that act (of touching) a misdemeanor, we have absolutely no way of getting involved in that type of arrest.”

Ethics Alarms is anti-prostitution. As with recreational drug use and probably polygamy, prostitution, which harms families and the young women and men exploited and abused to support it, is almost certainly on the road to legalization. Government won’t protect vital society ethics norms, but it will order you to buy health insurance because it’s for your own good. Continue reading →