Law & Law Enforcement

The Ethics Verdict On Rep. Polis’s Apology For Recommending That Students Be Expelled For Sexual Assaults They Probably Didn’t Commit

/ Jack Marshall / 13 Comments
Apparently the demon Pazuzu and the Congressman from Boulder agree!

Apparently the demon Pazuzu and the Congressman from Boulder agree!

My rule: if you say something clearly and unequivocally with all the available evidence and defend it later in another forum, all your subsequent apology means is “Gee, I didn’t expect to get in so much trouble for that. I guess I better apologize and pretend I didn’t realize what I was doing.”

Rep. Polis of Colorado, a Democrat and clearly no student of American justice, inherited the wind with his statements in a Congressional hearing suggesting that the already manifestly unjust “predominance of the evidence standard” that the Obama administration forced on universities (you know, so women could get as many male students punished as sexual predators as possible) was too fair. First he said…

“I mean, if I was running [a college] I might say ‘well, you know, even if there’s a 20 or 30 percent chance that it happened I wouldn’t want … I would want to remove this individual. Why shouldn’t a private institution, in the interest in promoting a safe environment, use an even lower standard than a preponderance of evidence, like even a reasonable likeliness standard?”

Then he said…

“I mean, if there’s 10 people that have been accused and under a reasonable likelihood standard maybe one or two did it, seems better to get rid of all 10 people. We’re not talking about depriving them of life or liberty, we’re talking about their transfer to another university.”

Later, interviewed over the phone by Reason well after the hearing, Polis was unambiguous, and extensively defended his statements in the hearing, with no equivocation or doubt. Ah, but he did not expect so many publications, pundits, bloggers and ethicists to have such an adverse reaction to, you know, discarding due process, fairness, and basic principles of justice just to make the Democratic Party’s man-hating feminist base happy. So he apologized.

Absurdly.

He began with the Full Pazuzu: Continue reading →

Donald Trump Is Despicable, But Gavin Newsome Is About The Last Guy I Care To Hear Say So

/ Jack Marshall / 12 Comments
Full disclosure: I don't trust anyone who poses for photos like this. No, it's NOT the hair! Well, not just the hair...

Full disclosure: I don’t trust anyone who poses for photos like this. No, it’s NOT the hair! Well, not just the hair…

Gavin Newsom, California’s current Lt. Governor and formerly the rogue mayor of San Francisco, should license his image to be placed by the definition of “hypocrite” in the dictionary. A vocal critic of Kim Davis and others who use their conscience to justify defying the law on gay marriage, he initially gained fame by defying California law and authorizing same sex marriages in his city.

He is shameless.

I just watched Newsom on CNN while trying to keep my gorge down, as he was piously condemning Donald Trump for (correctly) opposing illegal immigration. Then he said—and this takes pathological gall— that this is what makes California “so great”: it not only embraces diversity,  but benefits from it.

Thus we have the willfully Orwellian progressive definition of “great.” California is out of water thanks to decades of mismanagement. It is a fiscal disaster. Businesses are fleeing the state; a huge tax increase looms. It protects illegals from law enforcement, and some of those illegals are exactly the ones Trump was talking about. They kill people. Ask Kate Steinle about how great California is. Meanwhile,the state is at war with itself; some would like to break it up entirely.

The state’s definition of diversity is also straight out of Bizarro World, as is its skewed version of tolerance. The University of California Board of Regents, for example, is considering a policy to make the university system “free from acts and expressions of intolerance.” Translation: You must adopt the prevailing progressive cant in speech and attitude on campus, or you will be crushed. Continue reading →

In College Sexual Assault Cases, False Accusers No Longer Deserve Guaranteed Anonymity

/ Jack Marshall / 34 Comments
"You better be telling the truth, or this is coming right back at you..."

“You better be telling the truth, or this is coming right back at you…”

Especially now that the Obama administration has demanded that colleges strip away the basic rights of students accused of rape, the practice of not releasing a false accuser’s name to the media must end.

The compelled switch to a “predominance of the evidence” standard in such cases has led to too many false charges, too many wrongly punished male students, and too many scarred lives. High profile national leaders like Hillary Clinton are undeterred in supporting this power play by feminists, and university officials apparently don’t have sufficient regard for fairness or even basic logic: the Department of Education threatened their income stream, so if a few male students get railroaded out of school and haunted for a lifetime with the stigma of being a rapist, the college leaders consider it a necessary sacrifice to the greater good.

It is only one case, but if the facts of the University of Michigan’s persecution of student Drew Sterrett are as they appear to be, this is signature significance: one incident this irrational  proves that campus sexual assault  hysteria has turned into a genuine, bona fide witch hunt, with the metaphor appropriate for once. There must be accountability, and the Obama Administration, the schools, their administrators, irresponsible leaders like Clinton, Sen. Kirsten Gillibrand and Rep. Jared Polis, and, yes, sorry, false accusers must share it.

Sterrett was forced to leave the University of Michigan in 2012 during his sophomore year, after a female’s student’s accusation of forced sexual intercourse was upheld under circumstances that would have made a kangaroo court, with real kangaroos, an improvement. He sued the university in federal court, arguing that  his 14th Amendment rights to due process had been violated. The only possible response to his claim, once one reads the account published in Slate, is “Ya think?” It is disturbing that anyone should have to sue to get such treatment recognized as outrageous. Apparently no one at the University of Michigan who has power possesses any ethical twitches whatsoever, while nobody with a passing knowledge of right and wrong has any power.

From Emily Yoffe: Continue reading →

Well, So Much For Brian Banks’ Vote, The “To Kill A Mockingbird” Admirers Vote, The Bill Cosby Fan Vote, The UVA Fraternity Vote, The Bill Clinton Sup…Uh, I Don’t Think Hillary Thought This Through…

/ Jack Marshall / 17 Comments
In the bright side, I think Hillary has Wanetta Gibson's vote locked up!

In the bright side, I think Hillary has Wanetta Gibson’s vote locked up!

You see, even if Hillary Clinton was honest, which she isn’t, and trustworthy, which she definitely isn’t, or had a record of a accomplishment, which she doesn’t, there would still be this habit she has of making jaw-droppingly stupid, pandering and unethical statements.  There was when she suggested that Donald Trump was  responsible for the Charleston Church massacre.  There was her statement that we shouldn’t “let” people hold minority viewpoints that the majority finds upsetting. This, however, is special.

In today’s “Women for Hillary” event, bolstered by an audience that somehow believes the myth that she is a feminist,she actually said (and later tweeted)

“To every survivor of sexual assault…You have the right to be heard. You have the right to be believed. We’re with you.”

There is no right to be believed, although this is an oft repeated “right” pushed by anti-male, crypto-Victorians who are dedicated to making the act of consensual sex so risky for men that Caitlyn Jenner may be the gender’s most viable future. It is also the underlying position behind the un-American recommendation by Colorado Rep. Jared Polis that a 20% chance that an accusation of sexual assault  should be sufficient to kick a male student out of college. Law enforcement treating dubious rape accusations as if there is a “right to be believed” resulted in lynchings in the past and successful, life-wrecking scams by the likes of Wanetta Gibson in the present. It allowed the despicable and probably batty Emma Sulkowicz, a.k.a. “Mattress Girl,” to harass her supposed attacker on the Columbia campus even after her story had been thoroughly discredited. The sexist principle relieving women of having to provide more than an accusation alone allowed the false Rolling Stone “Jackie” story of a fraternity gang rape to slander every fraternity on the University of Virginia campus, which were punished by the school’s “right to be believed”-addled president.

Yes, women who claim to be victims of sexual assault deserve to be heard, and they deserve to have their accusation treated like every other accusation, while those they accuse are provided with the presumption of innocence, due process and a fair hearing as well. A right to be believed. however? That’s sexist, reckless, and wrong.

But Hillary doesn’t really believe this stuff. I assume she barely thinks about it. These are just “things you say to get to be President” to her.

Still, you would think Hillary would be a bit more careful; after all, her husband was accused of sexual assault or worse by Kathleen Willey, Juanita Broderick and Paula Jones. Why didn’t they have a right to be believed?

__________________

Pointer and Spark: Mediaite

 

NPR Was Going On Today About The Terrible Scourge Of Sex-Selection Abortion In India, And How Girls In India, “Have To Fight For Their Rights Before They’re Even Born”…Wait, WHAT???

/ Jack Marshall / 41 Comments
You're exaggerating: they were just potential baby girls...

You’re exaggerating: they were just potential baby girls…

Driving from Boston to Providence, I had an opportunity to listen to a Public Radio International report (via Boston’s NPR station, WGBH) about the shortage of women in India as a result of sex-selection abortion. I heard an  interview with an activist in Mumbai who was fighting to get more laws passed to prevent the process as a violation of women’s rights. “The most basic right of all,” intoned a female reporter. “The right to exist.”

Waiiit a minute. As the Robot used to say on “Lost in Space,” “That does not compute.”

This same network routinely features angry, self-righteous and mocking feminists who condemn as the paleolithic enemies of women any one who dares to question the ethics of abortion on demand. The unborn have no right to exist, says NOW, NARAL, Nancy Pelosi, the casual harvesters of little livers at Planned Parenthood, and when they are talking about the U.S., NPR.

In India, however, there is a right to exist, and feminists are fighting for it.

Sorry to be obtuse, and I realize I may be missing something, but what is the outrageous distinction here that makes an Indian mother’s abortion of a healthy, gestating girl because dowries are too expensive and boys are more lucrative a human rights violation, worthy of that special tone of sadness and superiority NPR announcers get, but Laura from Nebraska’s abortion of her healthy, gestating boy because she doesn’t want to interrupt graduate school and isn’t wild about the father a noble expression of modern female power? Continue reading →

Kim Davis Musings: When Employment Discrimination Is Responsible And Ethical—But Still Illegal

/ Jack Marshall / 34 Comments

Kim Davis

It’s Kim Davis Day, when we will find out whether the recalcitrant clerk will step aside, allow her deputies to do her job, obey the judge, and not interfere with American couples who want to get married in Kentucky, or, as many expect, will again take her marching orders from God, defy the Supreme Court, start speaking in tongues, or find some other way to make a public nuisance of herself. The latter, we can only hope, will send her back to jail, and give Mike Huckabee, Ted Cruz, Bobby Jindal and some other Republicans an opportunity to grandstand.

The issue this raises for me is: Why would any employer  hire someone who reveals themselves as a Davis-level religious zealot? Continue reading →

If They Threw Elliot In Jail For Kissing Erika Eleniak, What Would Have Happened To E.T.?

/ Jack Marshall / 25 Comments

In a memorable scene in “E.T.,” young hero Elliot (Henry Thomas), intoxicated by his psychic link to his marooned space alien pal, loses impulse control during Middle School science class and, while E.T. watches John Wayne’s passionate kiss with Maureen O’Hara in “The Quite Man,” embraces the class heart-throb—played by barely pubescent “Baywatch” babe-to-be Erika Eleniak!

Erika

— and gives her a passionate smooch.

If Spielberg’s classic premiered today, this scene might be condemned as sexual assault by feminists, who would insist that Elliot should have been charged. Is that really fair? Rational? Sane?

At  Pikesville (Maryland) Middle School, a 13-year-old boy has been charged with second-degree assault for kissing a 14-year-old girl on a dare. Police were called to the scene by the school, undoubtedly influenced by the current sexual assault freak-out on college campuses. (The proper response of an ethical and well-led police force, by the way, would be “Don’t waste our time.”) Continue reading →

Ethics Dunce (And Also Political Correctness Bully And Self-Righteous Jerk): British Barrister Charlotte Proudman

/ Jack Marshall / 39 Comments

lawyers Linked In

And I don’t think her photo’s all that “stunning,” either. Happy now, Charlotte? And what are you smirking about?

On the left is Alexander Carter-Silk, 57, the head of Brown Rudnick’s intellectual property group in Europe. He had received a LinkedIn request from human rights lawyer Charlotte Proudman, 27, on the right. He responded positively with the friendly comment that he was “delighted to connect,”,adding “I appreciate that this is probably horrendously politically incorrect but that is a stunning picture !!!” as well as “You definitely win the prize for the best Linked in picture I have ever seen.”

The Horror. For this arguably excessive degree of praise for her posted image, Proudman decided that Carter-Silk must be shamed world-wide. She responded with this A-Bomb rebuke, and shared it on Twitter:

Twitter rebuke

Naturally, Carter-Silk was immediately torn to shreds by a feminist social media mob. Continue reading →

Welcome To My World

/ Jack Marshall / 23 Comments
Suicide jokes, however, are fine...

Suicide jokes, however, are fine…

In the ethics CLE (Continuing Legal Education) world, seminar attendees rank presenters. Ethics is a much-detested topic; if you can crack 3 (out of 5, the best), you are doing well. My scores are usually between 4.6 and 4.9.

Attendees are also invited to write comments. I recently received the survey summaries from an out-of-state seminar I taught to a section of that state’s bar. The response during an immediately after the seminar was terrific, so I expected my usual ratings. The coordinator sent me an e-mail stating that my scores were “very good overall” (4.7, in fact) but that there were “concerns about a rape joke in my presentation.”

There was no rape joke in the session. I don’t make rape jokes.

I had been talking about Donald Trump’s lawyer, in an incident I posted about here, incompetently saying that “you can’t rape your spouse.” “You can rape your spouse,” I said. “I have this image of hopeful spousal abusers reading this idiot’s comments and saying, “This is great!”

I wrote back to the coordinator and said that I wanted my objection to this characterization in my files and on the record. I know how it works. All that is remembered later is the complaint, and groups, even bars, are controversy averse. Next year, when they are deciding whether to have me speak, all that has to happen is for someone to say, “Wasn’t there some rape joke he made that we got flack for?” That would be enough; nobody would check, nobody would investigate. I would be eliminated as a potential speaker, probably for all time. They might even tell another bar association about the episode when they are called about whether to use me. “Well, his seminar was popular, but there was some problem about a rape joke he told.”

I asked to see all the surveys. The “concern” about my “rape joke” consisted of exactly one anonymous comment out of a hundred attendees.

I would estimate political correctness hyper-sensitivity by single attendees cost me about a client a year. The other members of their groups have to be saddled with boring ethics seminars because one lawyer had to prove how vigilant he or she was in being properly offended.

(Now THIS is a rape joke...and I would never tell it.)

The Sexting Persecution Of Cormega Copening

/ Jack Marshall / 27 Comments

sexting

Charging kids with crimes for sexting themselves to a fully consenting fellow kid always seemed excessive and cruel to me. This story is the reductio ad absurdum that settles the matter.

In Fayetteville, North Carolina, 17-year-old Cormega Copening and his girlfriend Brianna Denson, also 17, began exchanging naked photos of themselves in text messages when they were 16. They were the only ones who saw the pictures, but someone somehow tipped off local authorities, who searched Copening’s phone and discovered them.

Copeling and Denson were charged with sexual exploitation. The Cumberland County Sheriff’s Office concluded that Denson had committed two felony sex crimes...against herself. A warrant cited her as both the adult perpetrator and the minor victim of two counts of sexual exploitation of a minor, second-degree exploitation for making her photo and third-degree exploitation for having her own nude photo in her possession. A conviction could have put Denson in prison and would have required her to register as a sex offender for the rest of her life. Denson pleaded guilty to a lesser charge and was given 12 months of probation.

Her sexting partner Copening, however, is still facing as much as ten years prison time for two counts of second-degree sexual exploitation and three counts of third-degree exploitation. As with Denson, the third-degree charges arise out of the pictures Copening had of himself.  That’s not the worst of the mind-twisting logic of this prosecution, however. North Carolina is one of two states in the country (the other: New York) that makes 16  the age of adulthood in the criminal system. The state’s consent laws consider anyone 16 and under a minor, but allows minors 16 or over to be charged as adults.

Gilbertian result: Copening is facing conviction, as an adult, for exploiting a minor—himself. Continue reading →