Law & Law Enforcement

The Ethics Lessons In The Tragic Death Of Harambe The Gorilla

/ Jack Marshall / 31 Comments

The primary lesson is this: Sometimes bad things happen and nobody deserves to be punished.

The tragedy of Harambe the Gorilla is exactly this kind of incident.

In case you weren’t following zoo news over the long weekend, what happened was this. On Saturday, a mother visiting the Cincinnati zoo with several children in tow took her eyes off of a toddler long enough for him to breach the three foot barricade at the Gorilla World exhibit and fall into its moat. Harambe, a 17-year old Lowland gorilla male, took hold of the child, and zookeepers shot the animal dead.

Then  animal rights zealots held a vigil outside the zoo to mourn the gorilla.  Petitions were placed on line blaming the child’s mother for the gorilla’s death. Other critics said that the zoo-keepers should have tranquilized the beast, a member of an endangered species. The zoo called a news conference to defend its actions.

Lessons:

1. Animal rights activists are shameless, and will exploit any opportunity to advance their agenda, which in its craziest form demands that animals be accorded the same civil rights as humans. Their argument rests equally on sentiment and science, and takes an absolute position in a very complex ethics conflict. This incident is a freak, and cannot fairly be used to reach any conclusions about zoos and keeping wild animals captive.

2. Yes, the mother made a mistake, by definition. This is res ipsa loquitur: “the thing speaks for itself.” If a child under adult supervision gets into a gorilla enclosure, then the adult has not been competent, careful and diligent in his or her oversight.  The truth is, however, that every parent alive has several, probably many, such moments of distraction that could result in disaster, absent moral luck. This wasn’t gross negligence; it was routine, human negligence, for nobody is perfect all the time. You want gross negligence involving animals? How about this, one of the first ethics essays I ever wrote, about the late “Crocodile Hunter” Steve Irwin holding his infant son in one arm while feeding and taunting a 12-foot crocodile? You want gross negligence amounting to child endangerment? Look no further than the 6-month-old waterskiier’s parents. Taking one’s eyes off of a child  for a minute or two, however, if not unavoidable, is certainly minor negligence that is endemic to parenthood. Zoos, moreover, are not supposed to be dangerous. Continue reading →

Ethics Hero : Don Huber

/ Jack Marshall / 6 Comments
George Williams, finally free and on his way. If only I used barbers...

George Williams, finally free and on his way. If only I used barbers…unfortunately, that requires hair…

Here in Virginia, we are debating Governor Terry McAuliffe’s decision to let felons be jurors and to vote for Hillary Clinton (for whom they are are presumed to have natural affinity, as well as for Governor McAuliffe himself, perhaps), but nobody would begrudge them the chance to be barbers.

That’s what George Williams is about to be: a barber. He just graduated from Tribeca Barber School in Lower Manhattan, and  will soon face state examiners to qualify for his New York barber’s license. He almost didn’t make it.

As he was about to be released four years ago from the infamous  Attica Correctional Facility where he was serving  his two- to four-year sentence for robbing a pair of Manhattan jewelry stores, a gang of prison guards brutally attacked and beat him. Williams had both legs and his collarbone broken, and a fractured eye socket  Doctors placed screws into one leg to hold the bones together.

Disgustingly, prosecutors allowed the guards involved to exchange a guilty plea to a lesser charge for a punishment that included no prison time. Here was their primary penalty: they can’t be prison guards any more. Funny, I would think that would be automatic, plea or no plea, when you beat prisoners half to death.

The story of George Williams’ beating and the ridiculously, suspiciously lenient sentences received by his state-paid muggers was one of the nightmarish Tales From The Dark Side of the Justice System in a front page of a The New York Times story about The Marshall Project. Williams was quoted as saying that he still  headaches and nightmares from the attack but was trying to save the $2,600 barber school tuition to start a new life as a law-abiding tonsorialist.

27-year-old United States Army specialist, Don Huber read the article while stationed in Fort Riley, Kansas. He had been raised in Attica, New York, and had just finished serving nine months  in Afghanistan with the First Infantry Division.

Huber was moved William’s plight and bothered by the bad reputation the incident  gave his community. Huber had gone to high school with one of the guards who beat Williams, but had never met George. Still, Huber organized an online fundraising campaign to raise at least $2,600 to help the ex-prisoner get on with his life. The campaign quickly received $5,800 through more than 70 donations. Continue reading →

Essential Ethics Points Regarding Casey Anthony’s Investigator’s “She Did It!” Claim

/ Jack Marshall / 9 Comments

Anthony and LawyerCourtExcerpt

News Flash:

Private investigator Dominic Casey submitted a court affidavit in  Casey Anthony’s bankruptcy case (he wants to get paid), that stated that Casey’s attorney Jose Baez (above, left) “ told me that Casey (above, right) had murdered Caylee and dumped the body somewhere. He also alleges that Baez had sexual relations with Anthony.

Here’s what you need to know about the ethics issues involved:

1. Most important of all: USA Today’s website headlined the story, P.I. says Casey Anthony lawyer acted unethically. I’d guess 95% or more of readers assume that what was unethical was Baez defending Anthony when she was guilty. Maybe USA Today even thinks that. That is pure, inexcusable ignorance. All criminal defendants have a Constitutional right to a zealous defense, and the defense lawyer’s duty is the same whether his client is guilty or not, Jack the Ripper or a jay-walker. The duty is to make the State prove its case with admissible evidence beyond a reasonable doubt. Almost everyone who has followed the case believes that Anthony is guilty of facilitating the murder of her daughter Kaylee, but the evidence was ambiguous and circumstantial, and the prosecution didn’t prove its case.

Having sex with a client is unethical, specifically under the rules of most states, and arguably under the rules of all states under general ethics and professionalism principles. Continue reading →

What A Surprise: The Inspector General Reports That What We Knew Clinton had Done With Her E-Mails A Year Ago In Fact Was What She Had Done, That She Has Been Lying And Spinning Ever Since, And That Her Supporters Have Either Been Dupes Or Accomplices! OK, I Guess That’s Not Much Of A Surprise…

/ Jack Marshall / 37 Comments

Yawning2I’m not sure what to write about this, except that it has to be reported because the Clinton e-mail scandal has been so extensively discussed here since early in 2015. If it’s surprising to anyone, I pity them. If they try to keep denying it, I have contempt for them. If they don’t understand why this issue matters (Bernie…!), I pity them and have contempt for them.

Today the State Department’s inspector general’s report on the Clinton’s e-mail practices was released to the media.  The report makes it clear that Clinton intentionally set up the private server to avoid scrutiny of her personal e-mails, and the various Stygian activities revealed there. In order to do that, she willfully and knowingly violated State Department policies, and placed national security at potential risk.

The report concluded that Clinton failed to seek legal approval for her use of a private email server and that department staff would not have allowed it had she requested approval, because of the “security risks in doing so.”  Clinton’s use of private email for public business was “not an appropriate method” of preserving documents, the inspector general concluded, and her practices failed to comply with department policies meant to ensure that federal record laws are followed. Clinton should have printed and saved her emails during her four years in office or surrendered her work-related correspondence immediately upon stepping down in February 2013. She did not, choosing instead to provide those records in December 2014, nearly two years after leaving office.

So she was not following policy. What she did was not approved.  She did knowingly take risks with sensitive national security information. It wasn’t because she didn’t make “the best choice” that all of this occurred. Clinton was making the best choice for her…her career, her ambitions, her schemes.  The nation’s interests were secondary. If that. Continue reading →

Remember These Names: The Freddie Gray Not Guilty Verdict Is Exposing Race-Baiters And Mob Justice Supporters

/ Jack Marshall / 9 Comments

Angry-Mob

As almost every legal analyst without an ideological agenda has pointed out, officer Edward Nero was found not guilty in his trial for alleged crimes related to the death of Freddie Gray because there was no evidence to prove him guilty. The case shouldn’t have been brought at all; the prosecutor was unethical and conflicted.

Most critics of the responsible and just verdict  by the  Judge Barry G. Williams (who is black; did you know that?  Few news media reports pointed that fact out: it doesn’t fit the narrative of white justice failing black victims, I guess) didn’t read it, and don’t appear to care what it says. Judge Williams explained:

“Based on the evidence presented, this court finds that the state has not met its burden to prove beyond a reasonable doubt all required elements of the crimes charged….It was [Officer] Miller who detained Mr. Gray, it was Miller who cuffed Mr. Gray, and it was Miller who walked Mr. Gray over to the area where the defendant met them. When the detention morphed into an arrest, [Officer Nero] was not present…This court does not find that a reasonable officer similarly situated to the defendant, at the point where there are people coming out on the street to observe and comment, would approach the lieutenant who just got out of the van to tell him to seat belt Mr. Gray or make an inquiry concerning the issue of whether or not Mr. Gray has been seat belted. There is no evidence that this was part of his training, and no evidence that a reasonable officer would do the same…The court is not satisfied that the state has shown that [Officer Nero] had a duty to seat belt Mr. Gray, and if there was a duty, that the defendant was aware of the duty.”

Did the officers, including Nero, endanger Gray through negligence? Baltimore has already paid a settlement of millions admitting that, true or not. Criminal convictions require intent. Mediaite legal writer Chris White correctly observes that a conviction based on the prosecution’s case against Nero that it was criminal for him not to intervene in another officer’s conduct  would essentially set a  precedent requiring all police officers to second-guess each other out of fear of being charged with crimes.

Never mind, though. The powerful progressive-black activist-biased news media alliance has determined that Nero should have been convicted, that a racist system is the reason he wasn’t, and that’s all there is to it:

  • Juliet Linderman’s Associated Press story  on Nero’s acquittal on all charges began:  “Prosecutors failed for the second time in their bid to hold Baltimore police accountable for the arrest and death of Freddie Gray.”

Foul. Nero wasn’t held legally accountable because there was no evidence that he was legally or factually accountable. The sentence drips with the assumption that Nero was accountable. As Tom Blumer noted. Linderman’s story also labelled Gray as black and the white officers accused in the case by their race, but omitted racial identification of the judge or the black officers charged. Hmmm...why would she do that? Why would her editors allow her to do that?

  • Whoopie Goldberg, on the IQ-lowering “let’s have ignorant female celebrities weigh in on serious topics” daytime show “The View,” sanctimoniously told an audience shocked at a verdict in a trial it knew nothing about, “This is the world we live in and this is going to happen. We’re going to have to deal with all of this.”

Deal with what, Whoopie? That the justice system still requires evidence before locking people up, even when a white police officer is accused in a black man’s death? Continue reading →

Asian-American Students Take Aim At What’s Unethical About Affirmative Action

/ Jack Marshall / 79 Comments

Good.

The ethics problem with affirmative action is that its utilitarian trade-off is undeniably unfair and hypocritical. In order to admit African-American students whose test scores and grades would not normally allow them to be admitted to elite institutions, racial preference is used to justify not admitting white students whose credentials would otherwise qualify them for entry. Diversity justifies racial discrimination.

Asian-Americans have long been an embarrassment to this theory. Even though it is another minority group that was the target of institutional and social prejudice in this country, and despite added disadvantages of language and culture, Asian Americans as a group have better test scores and grades than the supposedly privileged whites. Not only does this fact call into question some assumed explanations for the consistently lagging performance of African-Americans, it also threatens diversity policies by raising the possibility of a student body disproportionately Asian American, with whites students being squeezed out at one end by  superior Asian-Americans  and on the other by Affirmative Action-assisted blacks.

How have universities avoided this problem thus far? They have avoided it by applying quotas to both Asian-Americans and African-Americans. The problem is that the quotas on Asian Americans limit their numbers, regardless of their qualifications. Continue reading →

Boy, You’re Gonna Just Hate THIS Ethics Quiz…

/ Jack Marshall / 26 Comments

Tigers manager Brad Ausmus, the quiet, Ivy League-educated manager of the struggling Detroit Tigers in the American League, snapped in frustration during last Monday’s game. He cursed, he raged, he threw dirt, he threw his cap,  he took off his hoodie and draped it over home plate. Some of his X-rated remarks were captured by microphones and broadcast to the nation. Naturally, such conduct is frowned upon by MLB umpires, so he was thrown out of the game, suspended and fined.

Now he is auctioning the hoodie and cap from his tirade on the web. Here’s part of the description:

” Neither item has been washed since the May 16 game and both items show dirt consistent with being placed or tossed on the field.”

Bidding is approaching  $5000. The auction website adds: “Neither item has been washed since the May 16 game and both items show dirt consistent with being placed or tossed on the field. Both items feature the #7, as seen in the photos.” Bidding will close on Wednesday.

Your annoying Ethics Alarms Ethics Quiz of the Day is….

Is auctioning the items used by Ausmus in his on-field tantrum as unethical, more unethical, or less unethical than George Zimmerman’s auctioning the gun that he used to defend himself against Trayvon Martin, resulting in the teen’s death?

Continue reading →

Unethical Quote Of The Week: Baltimore Activist Rev. Wesley West, From The Freddie Gray Ethics Train Wreck

/ Jack Marshall / 6 Comments

Train Wreck

“I’m angry because this is what we deal with, and when I say ‘we,’ we’re talking about the black community and I’m a part of and represent that community as well, it seems like we have no voice when it comes to these issues. When it comes to conversations like this, we’re not involved. This should have been a jury trial where the community had a voice in this case. Of course a system works in a system’s favor, that’s how I look at it. That judge represents the system, and the police officer represents a system, but they’re all one system working together. And again I don’t think case was actually tried fairly when it comes down the community being involved.”

—-Baltimore activist Reverend Wesley West, quoted by CBS news, in the wake of Freddie Gray’s arresting officer, Edward Nero, being found not guilty today of all charges brought against him as a result of Grey’s death following his arrest in April of 2015

The Freddie Grey Ethics Train Wreck, a bi-product of the Ferguson Ethics Train Wreck which was a direct result of the Trayvon Martin-George Zimmerman Ethics Train Wreck, is still rolling, in case you wondered.

This is the second trial of the accused officers to support the conclusion by many independent analysts that charges were brought against six Baltimore officers in the tragedy without sufficient evidence or investigation, in order to quell social unrest and mollify African American activists like West. That made the charges, by City Attorney Marilyn Mosby—whose husband just happened to be preparing a run for mayor, a coincidence, of course— unethical, and a capitulation to government by mob.

West is impugning the justice system despite knowing nothing of the evidence presented or what happened in the events leading to Gray’s death. His contention that “the community” should have a say in a police officer’s guilt or innocence is a direct appeal to mob justice. His statement is also factually false, especially in this instance. The community had far too much influence in the prosecution of Nero and the other officers already, using violence and the threat of more violence to extort the city. Continue reading →

Tales Of The Self-Righteous And Incompetent: Lawyer/Teacher Malik Leigh And His Donald Trump Exam Question

/ Jack Marshall / 8 Comments

Malik Leigh

Malik Leigh is an attorney who teaches in Palm Beach Lakes High School’s pre-law academy. He submitted an exam for review, as the school requires of all tests, that included this question:

“If Donald Trump becomes president of the United states, we are:

A.) Screwed

B.) Screwed

C.) Screwed

D.) Screwed behind a really YUGE wall that Mexico pays for.”

In another question on the same test, this lawyer—and I’m still trying to get my mind around that embarrassing fact— asked

“When performing an opening statement, it is best to:

A. Wink at the Judge

B. find the hottest person on the Jury and focus your words on them

C. Speak to them as if they are cordial friends.

D. Treat them like the MORONS they are.”

Leigh was suspended.  The letter he received from Principal Cheryl McKeever announcing the suspension stated that the questions contained “inaccurate content, irrelevant material, unprofessional use of language, inappropriate use of language.” Continue reading →

Unethical Government Euphemism Of The Month: “Justice-Involved Individuals”

/ Jack Marshall / 12 Comments
A "justice-involved individual"

A “justice-involved individual”

At what point did the Obama Administration become immune to recognizing the ridiculous?

In its ongoing effort to make criminals and felons a Democratic voting bloc, the Obama Administration has rechristened them “justice-involved individuals.” Assistant Attorney General Karol Mason was the designated messenger for this official effort to make criminals respectable by creative terminology.  In The Washington Post, she  explained that “many of the formerly incarcerated men, women, and young people I talk with say that no punishment is harsher than being permanently branded a ‘felon’ or ‘offender.’”

Don’t break the law, then. It’s always unpleasant being called what you have allowed yourself to become, and having to avoid that fate is an important element of deterrence.

I heard about this and—I swear—I thought it was a joke. How addled by rainbows and unicorns does a mind have to be to hear a proposed euphemism like this and not react by pointing, laughing, and firing?

To begin with, it’s an inept and ambiguous euphemism that doesn’t effectively  distinguish what it is supposed to describe. I’m  lawyer; I’m a justice-involved individual. Judges, juries and police officers are justice-involved individuals. Criminals, in contrast, are justice-adverse individuals. Criminals and felons are clear words and concepts. “Justice-involved individuals,” in contrast, hides the truth. That’s what cover-phrases like that are supposed to do. They make deception and counter-factual policy-making easier.

Why does the administration, Democrats, Obama, social justice warriors, wackos—who IS responsible for this?—want to make criminals seem like innocent bystanders in their own criminal activities? Here’s is section from a DOE publication that is part of the roll-out of this latest Obama foray into Orwellian Newspeak: Continue reading →