Law & Law Enforcement

Veterans Day Ethics

/ Jack Marshall / 8 Comments
"So run a red light today! It's on us!"

“So run a red light today! It’s on us!”

Ugh.

Ethical…

From the ABA Journal:

The ABA is encouraging lawyers to honor veterans through pro bono assistance, according to a statement by ABA President James R. Silkenat.“America’s lawyers join the rest of the nation on Veterans Day in honoring those who have served for their crucial contributions to preserving our democratic rule of law,” Silkenat says in the statement on the American Bar Association website. The ABA has several military assistance programs. They include:

• The ABA Military Pro Bono Project, which accepts pro bono case referrals from military lawyers on behalf of junior-enlisted, active-duty military personnel and their families.

• The Veterans’ Claims Assistance Network, which helps wounded and disabled veterans complete claims packages for expedited review by the Veterans Administration.

• ABA Home Front, a source of free publications and information on legal topics encountered by military families.

More information on ABA programs for veterans is available here.

Unethical (and stupid)…

Also from the Journal:

A New Jersey law firm is offering a free defense to military veterans charged with a traffic offense on Veterans Day.

“Whether it’s a serious matter, like a DWI, or a speeding ticket, we will take care of it for free,” attorney Al Mollo of the Mollo Law Firm told the Asbury Park Press.

He said his Red Bank firm started offering the free representation last year and this year is publicizing it. Mollo, who comes from a military family, says he also hopes to encourage other law firms to join in the effort or adopt similar programs.

An offer of free legal services is generous. Specifying a particular offense…

  • trivializes the offense,
  • suggests that veterans deserve some special leniency regarding the offense, and
  • implies that veterans are particularly likely to engage in the offense.

Imagine a similar offer to veterans for spousal abuse charges on Veterans Day, or illegal drug use, or PTSD rage assaults.

Ugh.

 

 

Ethics Hero: 11th U.S. Circuit Court of Appeals

/ Jack Marshall / 17 Comments

blog_credit_card_swipe

It’s a small victory to be sure, but those of us who want to protect free speech must take our hope from whatever sources we can.

In the case of Dana’s Railroad Supply v. Florida, the sharp-eyed Atlanta-based 11th U.S. Circuit Court of Appeals  struck down a Florida law barring merchants from imposing a surcharge on customers for credit card use.

The law allowed merchants to give discounts for cash, but would not permit surcharges for using credit cards. “Ah HA!” realized the court, This violates the First Amendment, because it penalizes businesses that want to call price differences based on credit card use a surcharge rather than a cash discount, and they are the exact same thing. “You can penalize credit card users,” the dumb law said, “but you have to call it what we tell you to call it.”

“Tautologically speaking,” the opinion said, “surcharges and discounts are nothing more than two sides of the same coin; a surcharge is simply a ‘negative’ discount, and a discount is a ‘negative’ surcharge. As a result, a merchant who offers the same product at two prices—a lower price for customers paying cash and a higher price for those using credit cards—is allowed to offer a discount for cash while a simple slip of the tongue calling the same price difference a surcharge runs the risk of being fined and imprisoned.”

“The First Amendment prevents staking citizens’ liberty on such distinctions in search of a difference.”

Love it.

___________________

Pointer and Facts: ABA Journal.

“Baretta,” The Ethics of Criminal Justice, And Keeping The Sentence From The Jury

/ Jack Marshall / 17 Comments
Just stay in the box, everybody...

Just stay in the box, everybody…

Florida criminal defense lawyer has made a thorough and passionate argument on his blog for letting a jury know what the sentence is likely to be if it convicts the defendant in a criminal trial. He writes in part:

Florida juries are not permitted to know the most basic truth of a case—the potential sentence. Kind of crazy, right? Citizens are not allowed to know the sentence that will result from their verdict out of fear that such information would sway the jury’s conscience toward not guilty (God forbid a jury with a conscience!). Such fears say a lot about how harsh our criminal justice system has become. Continue reading →

Debate Questions No Democrat Will Ever Be Asked (2): “Do You Agree With The Obama Dept. Of Education That A School Must Allow A Physically Male Student Who Identifies As Female And Is A Member Of A Girl’s Sports Team To Change And Shower In The Girls’ Locker Room Without Restrictions?”

/ Jack Marshall / 71 Comments

showers

It is ironic that so soon after Rachel Dolezal finally admitted the undeniable and agreed that she is, in fact, white, the federal government accepted the Caitlyn Jenner Fallacy and declared that all it takes to turn a male into a female for school policy purposes is feelings, no re-assembly required.

From the New York Times:

Federal education authorities, staking out their firmest position yet on an increasingly contentious issue, found Monday that an Illinois school district [Township High School District 211] violated anti-discrimination laws when it did not allow a transgender student who identifies as a girl and participates on a girls’ sports team to change and shower in the girls’ locker room without restrictions. 

To be blunt, and I mean blunt, this means that if a human being with a fully functioning penis says he’s a girl, a public high school is obligated by the Constitution to pretend he does not have said penis, and he must be treated as a girl and no different from any other girls in all respects. This right that nobody ever heard of before thereby means that the boy-with-a-penis-who-identifies-as-a-girl-without- one is legally able to demand that he is allowed to embarrass, upset and threaten girls who do not have cocks by forcing them, rather than him—oops, her— to dress and shower away from the group.

Everyone except the victimized members of the school’s team are wrong on this one, and there will be consequences. The school was wrong to pander to a nascent transgender social justice warrior by allowing him-becoming-her to be on the girls team in the first place.”Here’s the rule,” they should have said, “The only way we can separate girls and boys is the same way doctors do when a baby is born. How you feel is irrelevant. Which team you want to be on is irrelevant. If you have a penis, which you do, and no vagina, which you do not, then you play on the boy’s teams, or no team at all. Your choice.” Unfortunately, most school are not just run by liberals, but cowardly, intellectually lazy liberals. Nor did they see that transgender activists, like most activists, will push for more and more until they end up alienating many who support their basic argument.

Then there is the boy/girl, who was offered reasonable accommodations by the school, and decided to be a trailblazer for all similarly encumbered self-identifying females [ I made a cheap and vulgar reference here, and deleted it. I am ashamed.] and fight for their right to parade such male accessories in the faces of young women who should not have to be confronted with them in the girl’s shower.

Read my commentary on this problem. I am sympathetic, and I believe that the transitioning male-born kid who is certain that he has no snakes and snails and puppy dog tails inside should be respected and treated with dignity and compassion on his way to her-dom. He shouldn’t be bullied and he shouldn’t be discriminated against. But a rule that holds “No penises in the girl’s shower ” is not discrimination. It is common sense. It is manners.

Nor does transitioning genders make it ethical to be an asshole. Continue reading →

But This ISN’T A Spoof, Unfortunately: A PhD Professor Of Gender Studies Writes An Amazing Op-Ed For Gun Control

/ Jack Marshall / 56 Comments

Hold on to your cranium.

This is a real person. Unfortunately.

This is a real person. Unfortunately.

This morning an esteemed commentator, while discussing Melissa Harris-Perry, fell for one of those “if you fall for it, it’s a hoax and you’re an idiot, if you don’t it’s just satire so mock anyone who did” websites that I have designated Unethical Websites in more than one month. Here’s the reason why he did: to rational people, the things card-carrying members of the extreme progressive/ Democratic axis are prone to assert, say or write with complete sincerity so often consist of content that just a few years ago would be considered proof positive of creeping insanity that it is nigh impossible to tell the difference. For example, Bernie Sanders and Hillary Clinton want to expand Social Security. I was already preparing this post when the hoax site responsible for the quoted Harris-Perry story was reported, and it send me back again to check this one. It really is true, and thus tells us something quite disturbing, as I will specify later. The op-ed by Dr. Barbara Savoy is much more ridiculous than the parody.

The Rochester (NY) Democrat and Chronicle asked Dr. Savoy, who teaches women and gender studies at The College at Brockport, a SUNY institution (Its tuition is $33,235 per year), to write an op-ed on gun control. She did, and here is a shortened version. You really should read the whole thing, though:

I voted for Barack Obama. Twice. During his 2008 presidential campaign, my two daughters, partner, and I ate every meal in our house on Obama placemats. We bought these at our local supermarket, plastic-coated, plate-sized paper rectangles with an image of his face framed by colors of the flag….
Continue reading →

Two Stories To Look Back Upon Ruefully When The Nation Has Gone To Pot And It’s Too Late To Reverse Course

/ Jack Marshall / 31 Comments
Once heroin is legal, there will be no more heroin problem...

Once heroin is legal, there will be no more heroin problem...

One of the horrible results of the coming election—not as horrible as the possibility of electing Ben Carson, Hillary Clinton, Bernie Sanders or Donald Trump President, perhaps, but horrible still—will be the nation’s final capitulation to the movement started in the 1960’s to keep the country, the culture and the poor stoned. Cognitive dissonance will ensure it on the Republican side, as opponents to legal pot will be the same old fogeys who proclaim that gay marriage will destroy the earth, causing a valid and correct argument to be destroyed by a senseless one. Others in the party, caring about staying in power more than our society’s welfare, will just give in, citing the usual ethically inert rationalizations that legalizing drugs is the lesser of two evils and that we need to use treatment, not punishment. Meanwhile, Democrats will pander to its pot-loving base, while also stumping for state governments legalizing the crap to close budget deficits created by their fiscally irresponsible policies. Heck, even I would rather see the pot industry taxed instead of me.

And we will be bombarded by the pairing of pot legalization with the allegedly racist “mass incarceration problem,” which is really and truly the “too many African Americans break laws and expect to get away with it because their parents and culture don’t send the message that its a big deal” problem. The big deal they, and we, are now being told is that they get punished for breaking laws, which is racist because Black Lives Matter.

I was in court watching sentencings a couple months back in Northern Virginia. While the crimes the defendants being sentenced for were not drug related, every single one of those sentenced–-every one—had either  a pot charge dropped in favor of a guilty plea for a more serious crime, had record of drug arrests, or had tested positive for pot during while awaiting sentence or on parole. Bernie and Hillary and the gang (the gang including journalists, who like their weed) would have us believe that the prisons are just teeming with otherwise law-abiding black citizens who are there because they engaged in harmless recreational drug use and nothing else. The new paradigm, pushed by the President (of course), is that prison should only be for violent felons, not habitual scoff-laws who often dabble in violence too.

Ah, yes, this is all going to work out so well.

I  encountered two stories on the web that show the path we are on as well as the muddled thinking and dishonesty that got us there. Continue reading →

World Series Ethics: Another Pine Tar Sighting, As Baseball Ethics Rot Gets A Thumbs Up From Legal Ethics Rot

/ Jack Marshall / 21 Comments

Sal Perez

Cameras during Game #2 of the 2015 World Series revealed that Kansas City Royals catcher Sal Perez had what appeared to be pine tar on his shin guard during the game. This would presumably be there for the purpose of surreptitiously smearing some of the gunk on the ball, then throwing it back to the pitcher so he could “get a better grip on the ball,” a.k.a “tamper with the baseball so it can do loop-de-loops.” This is illegal. It is cheating. According to Rule 8.02(a)(2), (4) and (5), the pitcher shall not expectorate on the ball, on either hand or his glove; apply a foreign substance of any kind to the ball; [or]  deface the ball in any manner. The rule is unambiguous, and if a pitcher or a catcher is caught violating the rule, they are thrown out of the game with a suspension and fine to follow.

None of this happened to Perez or his pitcher that night. According to NBC Sports blogger Craig Calcaterra, a former practicing lawyer who I am officially disgusted with, the reason was that “Nobody cares,” including Calcaterra.

I wrote extensively about Major League Baseball’s unethical attitude toward violations of this particular rule last year, after an absurd sequence in which Yankee pitcher Michael Pineda was caught by TV cameras apparently using pine tar on his pitches without compliant from the opposing Red Sox, followed by Sox manager John Farrell saying that he hoped he would be “more discreet” about his cheating “next time,” and then when Pineda was more obvious about it next time, Farrell complained to the umpires, who threw Pineda out of the game (he was also suspended). I wrote, Continue reading →

Guest Post: “Can We At Least Agree On This?”

/ Jack Marshall / 6 Comments

by

Paul Petersen, guest blogger

paulpetersenjpg-7e3983c6cd2404d1

[This is Paul Petersen’s second guest blogger appearance on Ethics Alarms. Based on his own experiences as a child actor on “The Donna Reed Show” and what he observed in the treatment of his less fortunate colleagues in the field, Paul  created the profession of child performer advocate and activist, educating the public and assisting individual  performers. (His Facebook friend list is a Who’s Who of former child actors.) Although Paul is officially retired, he continues to speak out about conditions, legal and otherwise, that place child performers in financial, physical, and social peril. The number of child stars, current or grown, who are indebted to him and his organization A Minor Consideration are beyond counting. A true Ethics Hero, his work and statements have been referenced here many times.–Jack]

Can we at least agree on this? Children are a special class of humankind. They are uniquely unformed, utterly dependent, and slaves to the adults who brought them into this world and the society into which they were born.

We all know how children are created, right? They did not ask for this. They are, in a word, innocent. Biologically mature adults are responsible. Of that there is no doubt. Children are a special charge. The rules, for kids, are different…or at least they used to be.

When did they become sexual objects? Since when are they merely background players, mere props? Who decreed that a child immersed in a working environment in which all the contributory adults are compensated for their labor, could somehow NOT be themselves working? Continue reading →

Ethics Observations On The Spring Valley High School Arrest

/ Jack Marshall / 35 Comments

1. After a 48 hour review, Ben Fields, the school resource officer who was caught on camera violently flipping the desk of a disruptive South Carolina high school student, was fired for violating police department policy. Naturally, he and his lawyer claim otherwise, but that’s just posturing for the inevitable union challenge. He had to be fired for many reasons, including terrible optics and bad judgment. The worst of the defenses offered for his conduct was that the girl, treated like a professional wrestler by the much larger male officer, wasn’t injured. If true, that was pure moral luck: from the violent nature of the arrest, it is a miracle he didn’t break her neck. (The student’s lawyer claims that her arm is broken, among other injuries.)

2. The news media immediately declared this a racial incident. The New York Times, for example, began a report like this:

A white sheriff’s deputy in South Carolina was fired Wednesday after county officials concluded he had acted improperly when, in a videotaped confrontation, he dragged and then threw a female African-American student across a high school classroom this week.

I can find no evidence that race had anything to do with this incident, unless one accepts the Black Lives Matter assertion that the colors of participants in black-white confrontations prove that the white individual is a racist and the black individual is a helpless victim who has no racial biases whatsoever. Continue reading →

Border Patrol In An Ethics Train Wreck At U. Cal-Irvine

/ Jack Marshall / 42 Comments

BorderPolice

Ethics Train Wrecks are situations where nearly everyone involved—adversaries, victims, authorities, and usually reporters and journalists— behave unethically. This story is typical of the breed.

The October 22 student job fair at the University of California-Irvine included many organizations that cookie cutter liberal students have reviled since I was in college, but somehow it was the only  the Border Patrol that was under fire from anti-immigration enforcement activists.

Protesters accused the federal agency charged with protecting U.S. borders of  “unjust killings, …. racial profiling, use of force, and unjust violence.” The Border Patrol, leaving little reason to give us confidence in its general ability to brave more perilous challenges, allowed itself to be run off, and and to permit what may have been non-students to prevent actual students from gaining access to a job opportunity.

“We regret to inform the community that out of concern for the safety of CBP Recruitment Officers, U.S. Customs & Border Protection will no longer be participating in the UCI Fall Career Fair,” said U.S. Customs and Border Protection spokesman Ralph DeSio in a statement. The perceived hostility on campus was accompanied by a Change.org petition signed by around 600 people, demanding that the agency be banned from the job fair.  The petition claimed “having Border Patrol agents on campus is a blatant disregard to undocumented students’ safety and well-being” and is insulting to “mixed-status families.”

The petition, like the vast majority of Change.Org. petitions, was moronic—ignorant, irresponsible, silly and unmoored to reality.

The passengers on this ETW: Continue reading →