Law & Law Enforcement

“Reasons To be Happy About The Election Of Donald Trump”?

/ Jack Marshall / 30 Comments

half-full-glass

Ann Althouse published a link to this article linked by Instapundit, and Prof Reynolds distilled his own seven reasons “to be happy” about the election upset. Four of the seven reasons are dubious or premature—“he could still blow it,” writes Reynolds. Ya think? He hasn’t been inaugurated yet!—but three, at least, have validity:

1.  Killed off dynastic politics, at least for now. If Hillary had won, 4 of the last 5 presidents would have come from two families. That’s not healthy.

2. Kept Hillary out of the White House. She’s amazingly crooked even by DC standards, and amazingly inept even by DC standards as well. Debacles galore have been prevented by keeping her out. Plus, a Clinton presidency would have allowed the completion of the Obama Administration’s weaponization of the federal government and possibly ensured one-party rule for decades. And at the very least, it would have allowed the sorry gang that Obama and Clinton brought in (go read the Podesta emails!) to bore in for four to eight more years….

5. Crushing the media’s sense of self-importance: They thought they were going to hand this election to Hillary. Now they’re realizing just how few people like or trust them, while Trump bypasses them using Twitter and YouTube. As I’ve said before, in the post-World War II era, the press has enjoyed certain institutional privileges based on two assumptions: (1) That it’s very powerful; and (2) That it will exercise that power responsibly, for the most part. Both assumptions have been proven false in this election cycle. Like many of the postwar institutional accommodations, this one will be renegotiated under Trump. It’s past time. After getting spanked in 2004 over RatherGate, the press realized with Katrina that if they all converged on the same lies they could still move the needle. Now they can’t.

None of these should be enough to pronounce oneself “happy” that we have elected a President who prior to his election displayed no fitness for office whatsoever, and an absence of such basic requirements of competent leadership as self-control, judgment, decorum, the ability to speak clearly, and knowledge of the Constitution. However, since Reynolds got a start on a list of silver linings to the Trump election cloud, let me complete one. I’ll call the Instapundit’s #5 the Ethics Alarm #3 and take it from there. I reiterate that even the whole list doesn’t turn this sow’s ear into a silk purse, but Trump’s election still has  up-sides that we can identify immediately. Continue reading →

More Lone Juror Ethics: The Slager Trial, Juries, And Justice

/ Jack Marshall / 30 Comments

lone-juror

This was what I was afraid of. It is also why Michael Slager, who is guilty as hell, didn’t plead guilty despite slam-dunk, irrefutable evidence that he executed  African-American Walter Scott as he was fleeing arrest last year. It is why I argued that if Slager ethically cared more about the law, his profession, his community and his country than he did about literally getting away with murder, he was ethically obligated to plead guilty so this couldn’t and wouldn’t happen.

A single juror told the judge in the Slager trial last week that he can’t find the ex-cop guilty. In a letter to the court, the would-be Henry Fonda said, “I cannot in good conscience consider a guilty verdict…I cannot and will not change my mind.”

The jury foreperson confirmed  in a separate note  that it was only one juror who was “having issues” convicting Slager, who pulled over Scott’s car in North Charleston, South Carolina last year, and ended up shooting him in the back while a bystander recorded the killing on video. Circuit Judge Clifton Newman sent the jury back for more deliberation, and they are expected to report on their progress at 9 a.m. Monday.

The lone juror holding out for innocence against eleven wanting to convict is celebrated as a courageous and system-defining stand in “Twelve Angry Men,” but it strains our faith in the system when the facts are like they are in this case. Nonetheless, the possibility of a not guilty verdict in the supposedly open-and-shut case is essential to the integrity of our system’s principle that even the most obviously guilty deserve a competent defense and a trial before a jury of their peers. Either we believe, as it has been said by many, that it is better for 100 guilty defendants to go free than for a single innocent citizen to be convicted, then we have to respect and accept the result when a lone juror seems to violate common sense and law.

Is Slager “more guilty” than O.J.? I could argue that they both deserve punishment, but if one deserves it more than they other, I’d pick Simpson, who killed two people, and wasn’t attempting a lawful arrest. (I could also argue that this kind of shooting by a police officer deserves a harsher punishment, because of his profession and his duties to society.) However we feel, we cannot condemn the lone juror without endorsing summary justice and show trials. If we believe in fair trials, we must believe in not guilty verdicts when a defendant seem obviously guilty, and lone jurors who cannot be convinced of guilt beyond a reasonable doubt.

Taking the other approach—emotion, anger and irrational hate—will be the likes of Elie Mystal, who, I think it is fair to say, needs a vacation. In an embarrassing post on the legal gossip site “Above the Law,” the African-American pundit intentionally misleads his readers by leaving out the key fact that it is only one juror who isn’t convinced by the overwhelming case against Slager, in order to indulge in an anti-white hate-fest: Continue reading →

Ethics Dunce, Unethical Quote Of The Week, And A Kaboom! For Good Measure: Clark University

/ Jack Marshall / 17 Comments

exploding-head6

“Coercion is the use of emotional manipulation to persuade someone to something they may not want to do – like being sexual or performing certain sexual acts. Examples of some coercive statements include: “If you love me you would have sex with me .”, “If you don’t have sex with me I will find someone who will.”, and “I’m not sure I can be with someone who doesn’t want to have sex with me.” Coercive statements are often part of many campus acquaintance rapes. Being coerced into having sex or performing sexual acts is not consenting to having sex and is considered rape/sexual assault.”

—The Clark University Dean of Students office, in its definition of “Rape and Sexual Assault and Related Terms”

That’s right; Clark University’s position was that when a manipulative boy friend or, presumably, girl friend, used the age-old ploy of emotional blackmail to wheedle for sex, it constituted sexual assault. KABOOM! Brains…on…walls, can’t… typxvtu…pfg

OK, I’m better now. The Worchester, Mass. university quietly removed the outrageous definition as soon as it turned up, with appropriate mockery, on the web, and then denied it had ever been there. (This is the place where Instapundit would note the tuition paid by Clark students.)

Writes a stunned Prof. Volokh:

So saying “If you don’t have sex with me I will find someone who will” is “coercion,” and thus means that any resulting sex is not consensual. This means that getting sex that way is “rape and/or sexual assault” (because it’s “coerced sexual contact”), and in particular may well be “acquaintance rape.”

Words fail me — though they apparently failed the Clark University Dean of Students office as well.

It sounds like his head might have exploded too!

Gee, do you think this kind of increasingly common gender bullying and distortion of reason, fairness and logic for ideological ends might have caused some non-racist, non-sexist individuals to wonder what further horrors feminist-pandering President Hillary Clinton would have encouraged, and to vote for someone else? Do you think some non-white supremacists might reasonably conclude that if  eight years of a hard-left, divisive, victim-mongering Democratic administration could lead a school to employ this kind of Orwellian definition to throw young men out of their college, then eight years had done damage enough? Continue reading →

Workplace Dilemma: Do You Really Want To Know What Everyone Else Is Being Paid?

/ Jack Marshall / 20 Comments
Miles Teller, who really showed THEM...

Non-La La Land star Miles Teller, who really showed THEM…

The male star of the buzzy movie musical “La La Land,” which opens next week, is Ryan Gosling. The role was originally offered to Miles Teller, who was a rising hot property and star on the threshold for acing the role of the abused drummer in “Whiplash,” like “La La Land” directed by Damien Chazelle.

But according to the people familiar wit negotiations, Teller was insulted by money he was offered,  a paltry $1 million, primarily because his putative co-star, Emma Stone,was being offered almost $3 million. After some back and forth, Chazelle replaced Teller with Gosling. Thus did Teller lose out on an a rare opportunity to make himself a major star in a film that is widely believed to be an Oscar magnet, and, of course, he won’t have that million dollars, either.

This a particularly vivid example of the ethics dilemma created by comparative salaries. I have not seen or heard of a satisfactory solution to it, from the management side or the labor side. Management would prefer that employees not know what other employees are making, and with good reason. The information can cause envy, bitterness, anger and lawsuits. Every employee has a tendency to believe they are more valuable, and indispensable, than they really are. Of course, some employers want to keep salaries secret because there are disparities that they cannot defend, or that may be illegal. While transparency is desirable to prevent unfair salary differences, however, it can make legitimate disparities untenable. Continue reading →

Fake News Ethics: A Quick Audit

/ Jack Marshall / 9 Comments

fake-news

There is…

(1) fake news,

(2) misleading or incompetent reporting,

(3) news that some people call fake because they don’t like its likely effects or implications, and

(4) news that people want others to think is fake so they can peddle their own fake news.

Did genuine, unequivocal fake news affect the 2016 election—that is, the first kind, the kind peddled by hoax sites like The News Nerd, and the Macedonian junk like the story about the Pope endorsing Trump?  There’s no evidence that would suggest or support that. Many voters are naive, gullible, ignorant fools, but still: how many actually changed their votes based on complete fiction? It’s impossible to tell, but stating that this was the case is itself a form of fake news.

Democrats and partisan pundits had been using the “fake news” device to mute the voices of journalists who didn’t follow in lockstep to the mainstream media pro-Democratic march. The IRS scandal, which is real and damning, has been largely ignored by the mainstream news media and called a “nothingburger” in Obama Administration talking points.The assertion that it is a myth that the IRS is using its power to suppress conservative dissent is …..fake news.

Because Fox is the only major news outlet (I do not count the slimy Breitbart websites) that was consistently critical of the Obama administration when it deserved it (and sometimes when it did not), Democrats not-quite-successfully-enough set out to marginalize Fox, calling it “faux news” and pushing the Obama narrative that it wasn’t even a legitimate news source. Obama, in an interview with Rolling Stone (speaking of sources of fake news!), blamed Clinton’s loss in part on “Fox News in every bar and restaurant in big chunks of the country.”

Isn’t that amazing? What gall. It isn’t the fact that the debt (that Obama promised to reduce) is now just short of 20 TRILLION dollars, with Obama adding a record $7.917 trillion to it, it’s that the one news source that actively exposed that fact was available to middle class voters that led to Hillary’s loss.  It wasn’t that the Affordable Care Act didn’t let Americans keep their health care plans as Obama repeatedly swore it would, it was that Fox News kept reminding its viewers of that (as the rest of the news media soft-peddled it) , while also publicizing that thanks to the Affordable Care Act, one’s health care insurance was less affordable unless the government was paying for it. It wasn’t that Hillary Clinton had lied about her e-mail tricks for over a year, the problem was that Fox was responsibly reporting that she was lying, unlike CNN, NBC, and the rest.

You know. Fake news.

As part of an organized effort up and down Democratic groups, ranks, allies and media operatives to de-legitimatize Donald Trump’s victory, the definition of “fake news” has been conveniently expanded. The Washington Post published a jaw-droppingly sloppy, partisan piece last week alleging that

The flood of “fake news” this election season got support from a sophisticated Russian propaganda campaign that created and spread misleading articles online with the goal of punishing Democrat Hillary Clinton, helping Republican Donald Trump and undermining faith in American democracy, say independent researchers who tracked the operation.”

Continue reading →

No Charges In The Keith Scott Shooting, And An Ethics Test For Black Lives Matter

/ Jack Marshall / 52 Comments

stephanie-clemons-thompson-fb-post

Yesterday,  Mecklenburg, North Carolina District Attorney Andrew Murray announced that the investigation into September’s fatal police shooting of Keith Lamont Scott had found no legal wrongdoing. This meant, in addition to the fact that officer Brently Jackson, who is black, would not face trial, that the two-days of riots inflicted on Charlotte after the Scott’s death were even more inexcusable than riots generally are. People who claimed on social media that they had seen the shooting and that Scott was unarmed admitted to investigators that they hadn’t seen what they said they saw. Evidence in the case showed that Scott stepped out of his SUV  holding a gun—his DNA was retrieved from the weapon found at the scene—and ignored at least ten commands from the five officers on the scene to drop it. Individuals who behave like that are likely to get shot, and deserve to be. No case, no outrage, no systemic racism.

Following the shooting, however, this was a Mike Brown encore, complete with angry, loud, false accounts and social media rumors focused on making Scott’s death another rallying point for race-hucksters, politicians who felt they could benefit from dividing the country by color, and irresponsible pundits.

From the Ethics Alarms post on September 21: Continue reading →

Presenting Rationalization #64, “Yoo’s Rationalization,” And How It Missed Getting On The List This Long, I’ll Never Know

/ Jack Marshall / 54 Comments

no-means-yesRationalization #64, the eighty-first rationalization overall when you add up the sub-rationalizations on the Ethics Alarms Rationalizations List, is a major one, and should be near the top. (One of these days I’ll re-arrange and renumber them.) It is in evidence almost every day, and embodies the human fallacy of denial, as well as confirmation bias and contrived ignorance. Named after John Yoo, the Bush lawyer who wrote the infamous memo declaring that waterboarding, an “enhanced interrogation technique,” wasn’t technically torture, Rationalization #64, Yoo’s Rationalization or “It isn’t what it is,” is one of the most effective self-deceptions there is, a handy-dandy way to avoid logic, conscience, accountability and reality.*

I saw a prime example of it this morning, in former Homeland Security Secretary Janet Napolitano’s op-ed about the “Deferred Action For Childhood Arrivals Program,” a euphemism for “amnesty for illegal immigrants who arrived as kids with their parents, so they can grow up and vote Democratic.”

She writes,

“This narrative about an initiative that has given temporary haven and work authorization to more than 700,000 undocumented minors, the so-called Dreamers, still has critics howling about presidential overreach, about brazen nose-thumbing at the rule of law and about encouraging others to breach the borders of the United States. But there’s a problem with this take on the program. It is dead wrong.”

What the program really is, she explains, is “prosecutorial discretion,” like the case by case discretion prosecutors have to use to avoid misusing resources.  This is Rationalization #63. Continue reading →

Trump’s Critics And The “Julie Principle” Follow-Up: And If You Don’t Pounce On Every Silly Trump Tweet Like It Was A Threat To The Constitution, You Won’t Be As Likely To Have THIS Happen…

/ Jack Marshall / 59 Comments

doh-dohFrom PHILADELPHIA (CBS/CNN) —

“President-elect Donald Trump is coming under fire that there should be “consequences” for flag burners, but in 2005, Hillary Clinton backed a bill that would have criminalized burning the American flag.

While she was senator of New York, Clinton co-sponsored the Flag Protection Act of 2005, which would have outlawed “destroying or damaging a U.S. flag with the primary purpose and intent to incite or produce imminent violence or a breach of the peace.”

You see, another benefit of practicing”The Julie Principle” is that it provides some protection from confirmation bias, which, as Ethics Alarms keeps telling you, makes you stupid, and cognitive dissonance, which warps your perception. Let me return to another section of the original “Julie Principle” post: Continue reading →

The Michael Slager Trial: When The Ethical Course Is To Not Exercise a Right

/ Jack Marshall / 36 Comments

shooting_of_walter_scott

Michael Slager is the white North Charleston police officer who stopped African American Walter Scott for a taillight violation on April 4, 2015, and in the ensuing events, ended up fatally shooting Scott as he fled the scene, in the back, as recorded on a cell phone video. Of all the many police-involved shootings, this is the least equivocal. Slager is guilty of murder of one kind or another: in South Carolina, there is only one kind, and  mitigating circumstances are reflected in the sentence. He could receive life in prison, or much less time.

But every criminal defendant has the right to be tried by a jury of his peers before the law finds him guilty, and Slager is taking full advantage of the right. In doing so, he is forgoing his last clear chance at redemption. The former officer—he has already been fired for the episode and not just put on paid leave, as is usually the case—is understandably trying to avoid a conviction and jail time, even though, should he be acquitted by some miracle or act of mass hypnosis, it would be certain to provoke even more anger and distrust in the black community, and, I would hope, among non-African Americans as well. A justice system that finds, no matter how it reaches such a conclusion, that an officer who shoots a fleeing man dead like Slager did is not guilty needs to be blown up and seeded with salt. When Slager’s first lawyer saw the video, he quit.

Do you think an acquittal is impossible? Don’t. All that is needed is a jury full of people who “think,” and I use the word generously, like the signers of this petition. I’m pretty sure that there are more than twelve of them available. Continue reading →

Surprisingly, Many California Lawyers Want To Have The Option Of Having Sex With Their Clients

/ Jack Marshall / 10 Comments
It's all your fault, Arnie...

It’s all your fault, Arnie…

For most of the last century, sensible and rational lawyers accepted that exploiting the attorney-client relationship to have sex with their clients was unprofessional and unethical, without needing a formal rule to tell them the obvious. Then along came Steven Bochco’s popular TV drama “L.A. Law,” the over-heated saga of a high-rolling Los Angeles law firm and its libidinous lawyers. Most libidinous of all was domestic law specialist Arnie Becker, played by the then-blonde and dashing Corbin Bernsen. Arnie habitually slept with his clients when they were wealthy, sculptured, beautiful trophy wives trying to shed their husbands. This was not the image that the family law bar wanted to see broadcast to America, so lobbying efforts were undertaken in many state bars to formally declare Arnie’s nocturnal client conferences unethical, as they undoubtedly were.

California, being partially at fault for the uptick in the public’s false belief that lawyers use their practice as a virtual dating bar, was among the first states to pass an “Arnie Becker Rule,” though it had company, like Oregon, which amusingly anticipated Bill Clinton by including a strangely specific definition of what sexual intercourse was, and New York, which narrowly limited its prohibition to Arnie Becker and domestic relations lawyers like him. Other jurisdictions demurred, as well as the American Bar Association, which is supposed to seek consistency in the legal ethics rules. California’s new rule was one of the more wishy-washy ones, with Rule 3-120 stating that Continue reading →