Law & Law Enforcement

Ethics Hero: The “Lone Juror,” Adam Sirois

/ Jack Marshall / 32 Comments
Juror 8

Two lone jurors…

In a remarkable example of life imitating art, a single juror, a 41-year-old health care worker, refused to vote guilty with the rest of the jurors deliberating on the case against the accused murderer of Etan Patz, a little boy whose disappearance in 1979 focused national attention on the child predator problem.  The defendant, Pedro Hernandez, had delivered an elaborate confession to police, then revoked it. For 18 days, Adam Sirois battled the eleven other jurors, who told him that they were convinced by the evidence beyond a reasonable doubt. Sirois, however, said he had doubts, too many to send a man to prison for life. In the end, the vote was 11-1. Yesterday, the judge in the case pronounced the jury deadlocked—hung— and declared a mistrial.

Sound familiar? If Sirois was made the hero of a cable TV  adaptation, it would be considered a shameless knock-off of “12 Angry Men,” the iconic 1957 jury film that originated as a live TV drama by the late Reginald Rose: Continue reading →

Congress’s Ongoing Insider Trading Scandal

/ Jack Marshall / 30 Comments

insider_trading_ban

The best I can figure is that when the exposure of outrageous corruption will devastate power politicians in both parties, neither party, nor their partisan herds, nor their lackey journalist allies, see it as advantageous to look under that rock. Does anyone have a better theory? Because the fact that almost all Senators and members of Congress, and often their staffs, enrich themselves using their knowledge of what laws are about to be passed, and the fact not only is nothing being done about it, but that most of the public doesn’t even know about it and no one is working very hard to tell them, is maddening.

The latest chapter is typical of the hypocrisy and dishonesty in this long-running ethics fiasco.

In 2012, Congress passed the STOCK Act, a bill that was supposed to stop insider trading for lawmakers and their staffs. Of course, the laws making insider trading illegal should have already stopped the practice, and the ethics rules prohibited it as well with such phrases as “conflicts of interest” and “appearance of impropriety.” Lawmakers aren’t supposed to break laws, you see. No, really. They’re not!
Continue reading →

Unethical Quote Of The Week: Washington Post Columnist Eugene Robinson

/ Jack Marshall / 36 Comments

“The first two steps toward uplifting young black men are simple: Stop killing them and stop locking them in prison for nonviolent offenses. Subsequent steps are harder, but no real progress can be made until the basic right to life and liberty is secured. If anything positive is to come of Freddie Gray’s death and the Baltimore rioting that ensued, let it be a new and clear-eyed focus on these fundamental issues of daily life for millions of Americans.”

—Washington Post Columnist Eugene Robinson, in an op-ed called “It’s time to seriously rethink ‘zero tolerance’ policing.”

"Honoring Excellence in Journalism, and the occasional incompetent hack..."

“Honoring Excellence in Journalism, and the occasional incompetent hack…”

Seldom have I read a column by a prominent pundit that so disqualified itself from serious consideration by the utter foolishness of its first sentence. Robinson has a right to say any silly thing he chooses, but as a columnist for a major newspaper, he has an obligation to use his extra-loud trumpet responsibly, because ideas have power, and really, really stupid ideas do terrible damage when supposedly smart and influential “experts” begin promoting them.

Robinson has a Pulitzer Prize, not that I have ever seen evidence of why. A paragraph like this one, however, ought to be grounds for revocation. It is Pulitzer Prize-winner malpractice. I know that Robinson is an African-American and a Democratic Party cheer-leader, right or wrong, and feels like he has to jump on board whatever pandering policy bandwagons the Democratic standard bearers start driving whether they make any sense or not.  But there have to be limits. All right, let’s debate non-confinement punishments for drug offenses, since apparently a disproportional number of  African-Americans find simply obeying  laws unfairly challenging. It is certainly not healthy for any society to have an already under-performing demographic group suffering from a critical mass of life, career and family disruption.

To say, however, as Robinson does, that the “easy” part of the solution is to “stop locking them in prison for nonviolent offenses” is irresponsible beyond belief or excuse. Non-violent drug offenses? I’ll tolerate the debate. All non-violent offenses? Burglary,  grand theft, forgery, drunk driving, fraud, identify theft…no prison time? What, then? Or do we just legalize those things? Continue reading →

There Is No “Debate”: Graffiti Artists Are Vandals, And The First Step To Stopping Them Is To Eliminate The Myth That They Might Be Anything Else

/ Jack Marshall / 32 Comments
Rattlesnake Canyon "art": Breathtaking!

Rattlesnake Canyon “art”:
Breathtaking!

Since I don’t get out to the ol’ hiking trail that often, being chained to my desk, I was blissfully unaware that a group of lawless and arrogant vandals masquerading as “graffitti artists” are moving their ugly misappropriation of public spaces to the wild.

From the L.A. Times:

Andre Saraiva is an internationally known graffiti artist. He owns nightclubs in Paris and New York, works as a top editor of the men’s fashion magazine L’Officiel Hommes and has appeared in countless glossy magazines as a tastemaker and bon vivant. Two months ago he showed up on the decidedly un-fashionista website Modern Hiker, along with a photo of a boulder he tagged in Joshua Tree National Park. Since then, Saraiva, who lives in France and is known by his fans as Mr. Andre and Mr. A., has been scorned by American nature lovers and thrust into a highly charged debate. Saraiva is of a new generation of graffiti artists who regard nature — not just the built environment — as their canvas. They tag national parks, then post photos of their work on the Internet.

The Times—they are so open-minded in California!—goes on to say that “those acts infuriate outdoor enthusiasts,” as if there is any reason for the acts not to infuriate every thinking and reasoning human being on the planet. This is the awful journalistic device I have flagged in a political context, minimizing clearly unethical conduct by suggesting that only those with an agenda see it as wrong. “GOP critics assail Hillary Clinton for foreign donors,” for example, is a misleading characterization suggesting that one would and should only object to blatantly unethical conduct if one was a Clinton foe. Wrong. There is something ethically rotten about anyone who doesn’t see Clinton’s conduct as seriously unethical, just as everyone, not just “outdoor enthusiasts,” should recognize that defacing rocks, trees and landscapes is indefensible, ethically and legally.

Andre Saraiva is a fick–a person who acts unethically and celebrates it shamelessly. He is an art fick, a sub-species Ethics Alarms has not encountered often.

Jonathan Turley, a hiking enthusiast as well as a Constitutional scholar, makes his conclusion crystal clear, in the embodiment of the Ethics Alarms principle that “where ethics fail, law steps in”: Continue reading →

Another TV Doctor, Another Breach: Dr. Sanjay Gupta’s Heroic And Self-serving Ethics Blindness

/ Jack Marshall / 25 Comments

Are TV doctors entertainers, journalists or doctors? In a way the question doesn’t matter: if they are doctors, then they are obligated to follow medical ethics and the standards of their profession at all times, no matter what else they may be taking compensation for. This is why “Dr. Oz” is ducking the issue when he tries to avoid accountability for pushing quack remedies on his TV show (if it ducks like a quack…) by arguing that he isn’t practicing medicine, but engaging in entertainment. He’s still a doctor, every second of his life, once he takes that oath.

CNN’s Dr. Sanjay Gupta has largely steered clear of ethical issues in his tenure as the network’s medical expert. Not entirely, however; for example, in 2009, he was prominently mentioned as a possible Surgeon General, and was in discussions with the White House while continuing his reporting on the air, raising real and potential conflict of interest concerns. The most recent controversy is more serious. Continue reading →

The Worst Timing Of Unethical Conduct Ever? African-American Mom Asks White Police Officer To Abuse Her Son

/ Jack Marshall / 51 Comments

Fake Arrest

The African-American community needs to get its objectives and messages straight…quickly. That is, it needs to do this if it really knows what its objectives and intended messages are. This story should make everyone, including them wonder.

In  Columbus, Georgia, Chiquita Hill’s  10-year-old son, Sean,  was disrespectful to his teacher and repeatedly defiant in class. Sean’s mother was beside herself, and as I just heard her explain on HLN, was worried about what the child might be like when he reached puberty. Thus she devised the brilliant idea (yes, many people—cretins, but still—are saying that on social media) of “scaring her son straight” by calling 911 and having a police officer pretend to arrest him and take him to jail. Let me repeat that: there are people on social media saying this was a good idea.Many of these people have children themselves. Think about it.

Hill said her son didn’t believe she had called the cops on him—for the crime of talking back to his teacher— until Columbus police officers showed up at the door and put him in handcuffs, put him in the patrol car and pretended to take him to jail.  “It happened so quick he didn’t know what to do,” she told the media. “I don’t know what they said to him but he came running down the hill, gave me a big hug said, ‘I’m sorry, I’m sorry!”

Then Chiquita posted the pictures of her son in handcuffs on Facebook, where it has gone viral and will last forever.

There is nothing ethical, civilized, justifiable, reasonable, rational or right about either the conduct of the mother, or the conduct of the police officers. In the context of speeches and protesters in Baltimore and elsewhere  proclaiming angrily that the police forces of  the United States are racist and determined to exterminate black males, the episode is also hypocritical on the part of both the police and the mother, while intentionally seeding the racial distrust both police and African Americans are supposed to be working together to defuse, not working together to create.

I assume that readers here have functioning ethics alarms so let’s do this as a game, shall we? Before you read further—no cheating now, this is an ethics blog–vote on how many ways this episode involved wrongful conduct. Then see how close you came by finishing the post.

Did you vote?

OK, here’s the tally: Continue reading →

Swastika Ethics: 8 Observations On The George Washington University “Hate Crime”

/ Jack Marshall / 13 Comments

swastika

I was recently reminded about the origins of the Nazi swastika, ironically enough, during the Cincinnati funeral service of my dear friend, Georgetown classmate,  lawyer and patriot Mitchell Dale, who died last summer. Looking down during a prayer, I was startled to see the Hindu version of the symbol in a mosaic imbedded in the church floor.

Oddly, the pastor and mourners weren’t arrested.

Yet last month, an unnamed Jewish student placed a small, bronze, Indian swastika on the bulletin board of his Jewish fraternity, Zeta Beta Tau, in the university’s International House. The building had recently been the target of an unidentified vandal who drew three swastikas on the walls. After posting the swastika, the student stayed close to the bulletin board, intending to discuss it and the previous vandalism with observers. He briefly stepped away, unfortunately for him, and during that period a member of the student’s fraternity saw the swastika and called GWU’s campus police. They  filed a report and took the swastika as evidence. When the student found out the police had been called, he immediately came forward to authorities and said that he had posted the  image to spark a conversation about the ancient symbol, cultural appropriation, messages, perception…as in what used to be called “education.” He said he did not intend to offend anyone, noting in doing so that this was an Indian swastika, not a Nazi one. He had just returned from studying religion in India, and said he became fascinated by the idea that a symbol that was not one of hate could become so defined by hate.

GWU suspended the student and evicted him from university housing pending the outcome of five disciplinary charges. The university also kicked him off campus, and referred the incident to the District of Columbia police for investigation as a potential “hate crime.” He could face expulsion.

Ethics observations:

1. FIRE, Freedom for Individual Rights in Education, is on the case. Thank you, FIRE. FIRE Program Officer and attorney Ari Cohn wrote,

“GWU may not ignore thousands of years of history and effectively forbid all uses of the swastika because it was used by Nazi Germany. It’s ironic that the charges against the student illustrate the very point he was trying to make in the first place—that context is important and there’s much to be learned about the history of the swastika.”

2. Now the Hindu American Foundation is protesting as well. This is the wonderful aspect of diversity, and a warning to institutions and diversity hounds that diversity must cut in all directions, or is a sham. It is discriminatory for a university to demonize and censor an aspect of a world religion’s symbology and culture. Do you think the administrators at GW sufficiently understood this, or just didn’t care, going with what they perceived as the most powerful interest group?

3. The George Washington fiasco comes in the wake of other  colleges  responding to anti-Semitic swastika vandalism, but that shouldn’t have mattered. Continue reading →

Unethical Website Of The Month: GoFundMe

/ Jack Marshall / 12 Comments
GoFundMe thinks the 6th Amendment is heinous, apparently...

GoFundMe thinks the 6th Amendment is heinous, apparently…

A about a week ago, I designated the crowd-funding website GoFundMe an Ethics Dunce. Now it’s clear that it is worse than that. It’s an unethical website, period.

After the six Baltimore police officers were prematurely charged with serious crimes before the investigation into the death of Freddie Gray was complete, the Baltimore City Fraternal Order of Police created a GoFundMe page for their defense. Less than an hour later, it was taken down, with GoFundMe citing the same dubious policy it used to cut off support for a bakery driven out of business by vengeful same-sex marriage supporters:

“‘Campaigns in defense of formal charges of heinous crimes’ are prohibited by our terms . . . GoFundMe cannot be used to benefit those who are charged with serious violations of the law.” Continue reading →

“Hillary Clinton’s Honesty Called Into Question In New Poll”…Wait, Why Is There Any “Question”?

/ Jack Marshall / 40 Comments

 According to a recent AP-GFK poll, 61 percent of those surveyed—that’s only 61%—said “honest” describes Hillary Clinton only slightly well or not at all. Nearly four in 10 Democrats, and more than six in 10 independents agreed that “honest” was not the best word for her.

Gee, really?

This raises several important questions, such as..

1. What the heck is the matter with the 39% that would ever use “honest” in the same sentence as “Clinton”?

2. How much  is necessary to convince the nearly 70% of Democrats that unequivocal proof of habitual lying, violating signed pledges and dodging rules is indisputable indicia that one of their darlings is untrustworthy?

3. Why aren’t those Democrats embarrassed for their Party?

4. Why do they have so little respect for the nation?

5. How stupid does the  Democratic Party think voters are?

Last week, while the poll was being prepared for release, Vox, a reliable progressive mouthpiece that still has a greater capacity for integrity than 70% of their editors’ favorite political party, revealed that least 181 companies, individuals, and foreign governments gave to the Clinton Foundation and also lobbied the State Department while Hillary Clinton was Secretary of State.

After a staggering chart of all the cash that nobody can prove was part of a quid pro quo understanding but which almost certainly was, Vox concludes, “That’s not illegal, but it is scandalous.”

Of course it is scandalous.

It also violates federal law. Continue reading →

A Particularly Dangerous Ethics Dunce Display: State’s Attorney Marilyn Mosby’s Unethical Statement Regarding Charges In The Death Of Freddie Gray

/ Jack Marshall / 15 Comments

State’s Attorney Marilyn Mosby announced today that the six Baltimore police officers involved in the arrest and subsequent death of Freddie Gray  have been charged with criminal charges  second-degree murder, manslaughter, second-degree assault, vehicular manslaughter , and misconduct in office. I have no comment on that: I haven’t seen the evidence. I will assume the charges are justified base on what evidence there is.

Nonetheless, Mosby’s announcement and related statements from  the steps of Baltimore’s War Memorial Building were unethical, and indeed  constituted a professional ethics breach:

  • Mosby said she told Gray’s family that “no one is above the law and I would pursue justice upon their behalf.” Unethical. Her client isn’t the family. Her client is the state. If the evidence appears too weak to get a conviction based on any new revelations, her duty to her client, which only requires justice, not justice for any party, would be to drop the case. Telling the family that she is working “on their behalf” is either a lie, or, if true, unethical. She is not their lawyer or the victim’s lawyer.
  • “I heard your call for ‘no justice, no peace,'” she said. “Your peace is sincerely needed as I work to deliver justice on behalf of this young man.”

Ugh. Again the “on behalf of” misstatement. Worse, though, is “I heard your call for ‘no justice, no peace.” What are we to take from this statement, other than the disgraceful admission that the indictment is in response to mob violence and threats of more? She may not say that. By saying it, she has undermined the rule of law. Prosecutors must not”hear” demands that a citizen be prosecuted, or not prosecuted. They are ethically obligated to ignore them, and do what the evidence dictates.

The demonstrators obviously got her meaning. Desmond Taylor, 29, shouted to the crowd,  “This day means that your actions bring consequences in Baltimore City.”

Imagine what else riots and arson might bring! Continue reading →