Law & Law Enforcement

The Good News: At Least The Cops Didn’t Shoot Anyone In This Traffic Stop, And No One Got A Ticket For “Driving While Black”… The Bad: What They Did Was Still An Abuse Of Authority

/ Jack Marshall / 17 Comments
Pop Quiz: How many idiots in this photo?

Pop Quiz: How many idiots in this photo?

Is this really what we are going to put up with now—city police departments so desperate for love (and not to have their members picked off by snipers) that they start pandering to citizens in idiotic ways? That’s not the way to earn anyone’s respect and trust. It is, however, a good way to lose it.

Three NYPD officers from the 101st Precinct in Far Rockaway cops  pulled over the car being driven by Yehuda Coriat, 22, with his 20-year-old girlfriend, Sorah Oppen as a passenger. The police accused the couple of transporting weapons and drugs in the car.

Then they grilled Oppen about her boyfriend, ordered her out of the vehicle, and told her to open the trunk — and out came balloons! That was the cue for Coriat to get down on his knee and propose!

Awwww.

Yecchh.

This is wrong, wrong, wrong; an especially horrible example of the “Awww!” Factor, in which conduct that makes sentimental souls get all gooey inside is mistaken for ethical conduct. Continue reading →

Behold..THE DUMBEST ETHICS STORY EVER TOLD!!!

/ Jack Marshall / 37 Comments

peetoy

Are you ready?

James and Isabelle Lassiter, who hail from Texas, were visiting Murfressboro, Tennessee and stopped into a Wasabi Japanese Steakhouse recently with their children. Apparently the sense of humor at hibachi restaurants has declined precipitously since the last time I ate at one, for I am told that the gag the Lassiters endured is now common fare. One of the Wasabi chefs held up a plastic toy depicting a little boy, and when the boy-toy dropped his shorts, he squirted water in a long, thin stream, as if urinating. The children were delighted! They were especially delighted when the stream hit their mom in the face.

Isabelle Lassiter was not delighted. In fact, she and her husband called the police, and accused the chef of sexual assault. “It peed on me…basically, out of his… wee wee area,” Isabelle explained, delicately.”It really didn’t have a wiener, but you got the point.” Investigators, who briefly took the toy into custody, indeed noted that the toy wasn’t anatomically correct. An officer wrote, “I observed the toy to have no penis and just a hole for the water to shoot out.”

PLEASE don’t tell me that if the toy did have a plastic penis, the claim of “sexual assault” would have been taken more seriously.

The Lassiters agree that this detail should not matter. “Just because somebody cut off a piece of plastic…doesn’t change the fact that you’re getting peed on,” said James Lassiter. “It was a sexual style assault on my wife.”

This is not a hoax. I wish it was a hoax. Reading about it has temporarily disrupted my capability to organize my thoughts, so I’ll just note the following in no particular order:

1. It was not sexual assault, by any stretch of the imagination. Nobody “peed on” Mrs. Lassiter. The cook squirted water on her, using a juvenile, risqué version of a squirt gun.

2. If Isabelle thought even  for a second that the stream of liquid was urine, she has a cognitive problem. Isabelle, pay attention: plastic figures do not urinate. They are toys. They have no bladder or kidneys. Even if the liquid comes from the toy’s “wee wee area,” it can’t possibly be urine.

3. Calling the police was beyond an over-reaction; it was truly idiotic, and it should be punishable. I’m trying to think of any reason not to have an ordinance that declares a spurious and wasteful call for police a misdemeanor carrying a hundred-dollar fine. Of course, such an offense should only be declared in extreme circumstances…like this, for example.

4. The manager of Wasabi did issue an apology to the couple, but claims he has never had any complaints about the toy in the past. “The kids like it, they think it’s a water gun, kind of like a water gun you know,” said Mr. Huang. Ah! The old “if kids think it’s funny, it’s ethical” standard. This standard is not reliable. The Lassiter kids might well have also found it hilarious if the chef hit their surprised mother with a cream pie, a pillow, or a dead cat. Continue reading →

Leading Candidate For Most Unethical Opinion Column Of 2016: Daily Beast Editor Goldie Taylor

/ Jack Marshall / 23 Comments

Ox-Bow-still-3

How a major U.S. news and public affairs website can produce an article like Daily Beast Editor-At-Large Goldie Taylor’s is a fertile subject for inquiry, as is the question of how much the ignorant, un-American, values-warping assertions it contains are reinforced throughout our rising generations’ education and socialization. Those investigations must wait for another day, when I have the stomach for it.

For now, let’s just consider what Taylor wrote. It is titled “Six Baltimore Cops Killed Freddie Gray. The System Set Them Free,” an unethical headline that kindly warns us regarding the awfulness to come. No, six Baltimore cops did not kill Freddie Gray, as far as we, or the system, knows based on the evidence. That Taylor would state such an unproven and unprovable statement as fact immediately makes her guilty of disinformation, and shows that she is willfully ignorant of the principles of American justice, as well as too hateful and biased to comprehend them. Damn right the system set them free. That’s because in the Freddie Gray cases the system worked spectacularly well, despite the best efforts of an incompetent and biased prosecutor to make it do otherwise.

And that was just the title. The rest is infinitely worse: if you are feeling sturdy, read it all here. If not, the selected highlights (lowlights?) to follow will suffice.

Taylor wrote early on, Continue reading →

Observations On The Donald Trump/ Russia/ Hacked E-Mails Story

/ Jack Marshall / 15 Comments

Hillary Putin Trump

I swear I am  trying to post on interesting ethics issues that have nothing to do with Hillary, Donald, either party or  their hot-button issues. My issue scout Fred and others have sent me scores of topics that are waiting on the runway. Then things like this happen.

To catch you up: After Wikileaks released embarrassing e-mails, hacked from the DNC, showing collusion by the supposedly neutral arm of the Democratic Party to ensure the nomination for Hillary Clinton, Clinton campaign manager Robbie Mook told  ABC’s “This Week,” “It’s troubling that some experts are now telling us that this was done by the Russians for the purpose of helping Donald Trump.”

Then Trump said at a news conference in Florida, “I will tell you this, Russia: If you’re listening, I hope you’re able to find the 30,000 emails that are missing,” the Republican nominee “I think you will probably be rewarded mightily by our press.”

Immediately Democrats, partisan lawyers, left-wing pundits and Trump-haters flipped out. Carl Bernstein, the far left half of Woodward and Bernstein, said Trump’s comments were “disqualifying.” Others wrote that his comments were “treason” or “virtual treason.” Clinton senior policy advisor Jake Sullivan said, “This has to be the first time that a major presidential candidate has actively encouraged a foreign power to conduct espionage against his political opponent.”

Trump, predictably, said that he was being sarcastic.

Observations:

1. I trust that my disgust for Donald Trump, his values, his character and his candidacy have been clearly and thoroughly explained here, as they will continue to be. Nonetheless, basic ethics requires that he be treated fairly by the news media, and I will continue to point out the media’s bias against him, Republicans, and anyone standing in Hillary Clinton’s way as she attempts to corrupt the government and the culture by infecting both with her grubby ambition and dishonesty. This is one more episode of journalism bias in what will be a long, long trail leading right to election day.

2. The Democratic Party’s spin on the e-mail scandal is self-evidently desperate and misleading, not that this appears to discourage Clinton-supporters in the social media from adopting it. The central issue is what the hacked e-mails show, and what the DNC and the Clinton campaign did to rig the nomination. Mook’s deflection, which a fair and competent host would have immediately rejected (but George Stephanopoulos is a loyal former Clinton staffer and confidante with a conflict of interest), was a miserable, dishonest tactic. Naturally, it was quickly adopted by most of the party and its partisan journalist supporters. Sad, weak, Martin O’Malley  chimed in, Continue reading →

Ethics Quote Of The Week: Popehat’s Ken White

/ Jack Marshall / 36 Comments

john-hinckley-jr

“How, people ask, can you shoot four people, one of them a President, and ever see the light of day again? If any act requires permanent confinement, isn’t it this one? The answer should comfort us, not terrify us: the rule of law applies to everyone, even the notorious. (Edited to add: or, at least, it ought to.)..

Is John Hinckley, Jr. dangerous to society? Doctors don’t think so after 35 years, and he’s successfully completed many outside visits and excursions to date. Is it dangerous to have a legal norm that the gravely mentally ill who commit violence may eventually be released? I doubt 35 years of forced treatment and confinement is the sort of leniency that leads anyone to violence. What about exceptions to the rule of law? If we ignore the rules and evidence because a particular person is sufficiently notorious, because of our gut, how dangerous is that?”

—–Popehat lawyer/blogger Ken White, in a post explaining why the outrage of some over the imminent release of John Hinckley, Jr. is one more example of the public and the news media being willing to jettison the basic principles of American justice because it seem right.

(Answer: Very dangerous indeed.)

I admire Ken for his post (as I do for most of his posts) because first, it is extremely timely, with both conservatives and progressives itching to jail various individuals—cops, Hillary Clinton– who they just know deserve to be in prison, and thinking that’s justice. Second, Ken was much nicer in his explanation than I would have been.

I mostly missed this controversy, in part because it doesn’t seem to me that it should be controversial to anyone with the level of comprehension of our criminal justice system that a mature, educated and responsible citizen should have. Where’s the controversy? Hinckley wasn’t found guilty of trying to assassinate President Reagan and wounding  him and three others in the process. He was acquitted, because he was so crazy that under the insanity defense, he was found to lack the necessary mens rea to find him culpable for his own acts. He wasn’t sentenced to spend all this time in a mental hospital as punishment, but as treatment. Now that doctors have found him sane, of course they are letting him out. He committed no crime, in the eyes of the law, and sane people who have not been convicted of crimes get to be free, like you and me.

What’s so hard about that?

Well, it is hard for some people, and Ken is remarkably clear and patient in explaining why, as he says, we should be comforted that a Hinckley is still protected by the rule of law.

I won’t blame Jodie Foster if she isn’t comforted, though. That’s a lot to ask.

Marilyn Mosby Secures Her Reputation As One Of The Most Shamelessly Unethical U.S. Prosecutors Of All Time

/ Jack Marshall / 25 Comments

The other shoe dropped: prosecutors dropped all remaining charges against three Baltimore police officers accused in the arrest and death of Freddie Gray,  following the acquittals of three other officers  by Circuit Judge Barry G. Williams. He was expected to preside over the remaining trials, and, as the Bible says, the writing was on the wall.

Make no mistake: this result was completely and entirely the result of the incompetent, unethical conduct of State’s Attorney Marilyn Mosby, who vaingloriously announced charges against the officers in the immediate wake of rioting in Baltimore, following the dictates of a mob. She did this without sufficient investigation, evidence or, despite the ethical requirements of her office, probable cause. She had the city of Baltimore agree to a large damages settlement for Gray’s family before any of the officers were tried, prejudicing their cases. She spent millions on the prosecutions, and shattered the lives of all six officers, and yet never made a case that justified any of it.

There are more unethical things that a prosecutor can do, and they certainly do them. Some prosecute individuals they know are innocent, which is a bit worse than prosecuting someone who might be guilty because a mob wants blood. Those unethical prosecutors, however, try to cover their tracks. Not Mosby: she’s proud of being unethical, because its the kind of unethical conduct that African-American activists think promotes justice. Justice is when someone pays with their life or liberty if an African American dies, regardless of law or evidence.  That’s the theory, anyway. Continue reading →

The Democratic National Convention Presents The Most Unethical Use Of Mothers Yet

/ Jack Marshall / 18 Comments

Mothers

The Republicans exploiting the grief of Patricia Smith, the mother of a young man slain in the 2012 Benghazi attack, by putting her on the party’s convention program was irresponsible and ethically revolting, especially from a party that (correctly) labelled Cindy Sheehan a grief-addled nuisance when she was protesting the Iraq War. Smith’s emotional rant against Hillary Clinton was pure grief porn, and expanded the sensationalist  trend in the news media (and legislative hearings) to use the most conflicted and biased figures imaginable—the loved ones of victims of tragedy—to frame a controversial issue in complex events.

Naturally, the Democratic Party’s allies in the media returned the hypocrisy many-fold. Maureen Dowd of the Times, who had pronounced Sheehan as someone with “absolute moral authority”—because having one’s son killed instantly makes you an authority on foreign affairs, at least when a Republican President is in office—was silent about Smith’s moral authority as she was attacked by critics, including the Washington Post, Chris Matthews, and a GQ writer who wrote that he wanted to “beat her to death.”

Foolishly, I took these attacks as  a hopeful sign that the Democrats and progressives were maturing ethically, and had rendered the proper ethics judgment that by prioritizing emotion over reason, it was unfair, misleading, exploitive and irresponsible to use grieving mothers this way. No, it wasn’t hypocrisy. It was ethical growth. Democrats, unlike Republicans, now knew this was a cheap and tawdry tactic, and they would no longer stoop so low.

Boy, am I gullible.

It was hypocrisy, and the Democrats wouldn’t stoop as low as Republicans, they would stoop much, much, much lower.

Among those who appeared on the Hillary Clinton coronation stage last night were members of Mothers of the Movement, an offshoot of Black Lives Matter. Though the message spoken by these women appeared to be about police brutality, unjustly killed black men and the need to ban guns, their commonality was only this: all of them were mothers of African Americans who died violently, and all of them blame whites, police, guns, the justice system or the United States of America, regardless of evidence, the findings of juries, and investigations. That is a fair description.

Let’s look at the women who appeared on stage: Continue reading →

Ethics Hero: Michael Jordan

/ Jack Marshall / 3 Comments

Michael-Jordan

Pr0 basketball icon and African American role model Michael Jordan has weighed in regarding the tensions and divisions over police shootings and police shot with this remarkably balanced and rational statement, one that also announces productive action on his part, not merely sentiments. Words are cheap, and Jordan knows it.

He said, in a statement Jordan posted via The Undefeated this morning, this:

As a proud American, a father who lost his own dad in a senseless act of violence, and a black man, I have been deeply troubled by the deaths of African-Americans at the hands of law enforcement and angered by the cowardly and hateful targeting and killing of police officers. I grieve with the families who have lost loved ones, as I know their pain all too well.

I was raised by parents who taught me to love and respect people regardless of their race or background, so I am saddened and frustrated by the divisive rhetoric and racial tensions that seem to be getting worse as of late. I know this country is better than that, and I can no longer stay silent. We need to find solutions that ensure people of color receive fair and equal treatment AND that police officers – who put their lives on the line every day to protect us all – are respected and supported.

Continue reading →

Wearing Black Lives Matter Pins In The Courtroom Matters To This Judge

/ Jack Marshall / 6 Comments
Q: Which of these can a judge ban from a courtroom? A: All of them.

Q: Which of these can a judge ban from a courtroom? A: All of them.

Youngstown (Ohio) Municipal Court Judge Robert Milich ordered NAACP attorney Andrea Burton to remove the Black Lives Matters pin she was wearing. The attorney refused, and was declared in contempt of court.

Good.

She was.

Judge Milich  sentenced the grandstanding lawyer to five days in jail, though the sentence has been stayed while she appeals the decision, as   as long as she obeys Milich’s order not to wear items that make a political statement in court. When she loses her appeal, and she will, she will have to serve the five days in jail.

Milich is on firm ethical and constitutional ground, not that this episode won’t subject him to being called a racist. It is well-established that judges can ban political expressions in the courtroom, and in 1998, the Supreme Court let stand the rulings of a federal district court and the 1st Circuit Court of Appeals, in Berner v. Delahanty, that a the judge’s prohibition of political buttons was a reasonable method of “maintaining proper order and decorum” in a courtroom. In that case, the judge prohibited lawyer Seth Berner from wearing  a button saying “No on 1—Maine Won’t Discriminate,” a declaration against an upcoming state referendum.

As long as a judge doesn’t allow one form of political advocacy while banning others, there is no free speech issue. Judges have gotten themselves involved in controversy when they have allowed buttons, as in the 2006 Supreme Court case of Carey v Musladin, in which Court ruled  unanimously that murder trial spectators were free to wear buttons with a picture of the victim in front of the jury that convicted the defendant. The justices agreed with California prosecutors who said the buttons were a harmless expression of grief by family members at Mathew Musladin’s trial.

I really don’t like that decision. A wise judge will avoid the issue by prohibiting any advocacy in court of of any political, social or case-related opinion. Continue reading →

DNC Progressives Jump The Shark

/ Jack Marshall / 10 Comments
Pop Quiz: Name all the ways this photo is appropriate to the post...

Pop Quiz: Name all the ways this photo is appropriate to the post…

[A “Happy Days” reference seems felicitous, since last week saw series creator, writer and frequent director Garry Marshall head off to the Big Malt Shop In The Sky. In addition to having the good taste to be named Marshall, Gary’s myrth-inducing career in TV and movies as a producer, writer, director and actor (Marshall’s turn in “Lost on America” as the incredulous casino boss whom a desperate Albert Brooks tries to persuade to give back the life savings lost by Brooks’ wife in a mad gambling spree might be my favorite comic acting bit of all time) was long and productive, and the culture will miss him greatly. As will I. ]

Attention must be paid to the fact that while the speakers at the Republican National Convention sounded scary (to some), the Democratic National Convention authorities acted scary.

Twenty-one Vermont Democrats have filed an official complaint with the party, protesting that the Democratic leadership ordered  the state party to replace Vermont Sen. Tim Ashe and party member Ken Dean with women, in the name of “gender balance” without adequate due process.

By all means, let’s make sure that gender discrimination in pursuit of the greater good and Progressive Nirvana is done with due process!

I think it’s cute that both political parties are losing their minds at the same time, don’t you? Continue reading →