Law & Law Enforcement

Apology Scale Rating Verdict: Dzhokhar Tsarnaev’s Pre-sentencing Statement

/ Jack Marshall / 12 Comments

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Dzhokhar Tsarnaev, the young terrorist who was formally sentenced to die for his role in the April 2013 Boston Marathon bombing,, finally said something in court before judgment was passed: he apologized, somewhere in the middle of an infomercial for Islam.

You can read the whole statement here. This is the apology section:

The Prophet Muhammad, peace and blessings be upon him, said that if you do not — if you are not merciful to Allah’s creation, Allah will not be merciful to you, so I’d like to now apologize to the victims, to the survivors.

Immediately after the bombing, which I am guilty of — if there’s any lingering doubt about that, let there be no more. I did do it along with my brother — I learned of some of the victims. I learned their names, their faces, their age. And throughout this trial more of those victims were given names, more of those victims had faces, and they had burdened souls.

Now, all those who got up on that witness stand and that podium related to us — to me — I was listening — the suffering that was and the hardship that still is, with strength and with patience and with dignity. Now, Allah says in the Quran that no soul is burdened with more than it can bear, and you told us just how unbearable it was, how horrendous it was, this thing I put you through. And I know that you kept that much. I know that there isn’t enough time in the day for you to have related to us everything. I also wish that far more people had a chance to get up there, but I took them from you.

Now, I am sorry for the lives that I’ve taken, for the suffering that I’ve caused you, for the damage that I’ve done, irreparable damage.

Now, I am a Muslim. My religion is Islam. The God I worship, besides whom there is no other God, is Allah. And I prayed for Allah to bestow his mercy upon the deceased, those affected in the bombing and their families. Allah says in the Quran that with every hardship there is relief. I pray for your relief, for your healing, for your well-being, for your strength.

Where does this apology rate on the Ethics Alarms Apology Scale? There are few important features to note: Continue reading →

Warning: The Companion Rule To “Bias Makes You Stupid” Is “Immunity To Bias Makes You Dead”

/ Jack Marshall / 6 Comments

terrorist

The picture above shows Denis Cuspert, a German rapper and the enterprising creator of the T-shirt he is holding in the shot on the left. The photo on the right shows Denis in his current incarnation, Abu Talha Al-Almani. He formally joined the Islamic State sometime in April 2014. It is believed that he has become the Islamic State’s chief propagandist in the German language, inspiring disillusioned young Germans to become jihadists. In November 2014, he appeared in an Islamic State video holding a severed head.

I saw the photo above online this morning, and it reminded me that I have never made an important point about bias explicit here. Bias causes a lot of problems, in society and in the life of individuals, but those who furiously condemn bias  and demand that we should eradicate it from human nature are reckless and ignorant, and often dishonest as well. Bias is a crucial evolutionary feature that allows human beings to avoid making the same mistake twice, or a hundred times. It is linked to trust, and leads to wariness. Without the ability to form biases, every one of us would be fatally naive, and a victim waiting to be harmed. Continue reading →

The Oxon Hill High School “Art Display” Controversy

/ Jack Marshall / 19 Comments

oxenhill ART

Oxon Hill (Maryland) High School allowed a display of student art to remain in the school’s rotunda for most of May. Some students and teachers said the display was “cathartic;” the Washington Post called it “an embodiment of the angst and anger” students felt “when police violence made national headlines.” “Young black males: the new endangered species,” read a placard; next to it was a cutout painted to look like a police officer with white skin reading a newspaper with obituaries of black men killed by law enforcement officers. Next to that was another silhouette painted black, depicting a black man with hands raised wearing a T-shirt with holes in it. “Blood” dripped  from the eight bullet holes, forming the stripes of an upside-down American flag.

Last week,  after a photo of the thing was posted  on Facebook and recieved criticsm there and on some conservative websites, school officials decided to remove the display. A spokeswoman for Prince George’s County Public Schools said the decision was made to protect the school and students. But those pesky students installed a new display consisting of two wooden coffins amidst flower petals, with headstones reading, “HERE LIES OUR FREEDOM OF SPEECH” and “HERE LIES OUR FREEDOM OF EXPRESSION.” They then tweeted messages with the hashtag #donttakeitdown and collected nearly 1,500 signatures on a petition demanding a statement of solidarity from the school board.

Isn’t self-righteous ignorance grand? Not only should the display have been removed, it should have never gone up in the first place, since it continues to spread a virulent and divisive lie (nobody was shot eight times with his hands up), while encouraging racial distrust and hatred. Continue reading →

More On Our Unethical Justice Department’s Attack on Reason: Now A Publication Having Its Rights Infringed Can’t Tell The Public That The Government Is Infringing Them

/ Jack Marshall / 9 Comments

obama shhhh

The detestable abuse of power represented by the U.S. Government seeking to prosecute blog commenters for obviously hyperbolic criticism of the government was noted in this post, not that it aroused half as as much interest or comment as, say, Caitlyn Jenner’s come-hither glance on the cover of Vanity Fair. Nor did much of the blogosphere take notice, and if any national news media took heed, I missed it. For how can the Obama Administration chilling free speech and harassing a libertarian blog that frequently condemns its contempt for basic rights compete with the secret guest list of the Obama’s 500 closest friends invited to dance a night away to the music of Stevie and Prince?

Now Ken White, the libertarian lawyer/blogger/free speech warrior who honors Popehat with his wisdom has uncovered a further outrage: he believes, and has good reason to believe, that the government has slapped a gag order on Reason, thus stopping the website from alerting the public and the world regarding our government’s unethical and probably illegal conduct. Continue reading →

Ethics Dunces: The 21 Republicans Who Voted Against The Torture Ban

/ Jack Marshall / 15 Comments

torture

As I explained long ago, torture is already a human rights abomination forbidden by U.S. principles, values, tradition and culture. That does not mean, and has never meant, that the nation’s official and sincere opposition to torture as an ethical absolute must not be subject to a genuine existential exception.  It does mean that an official policy that allows torture degrades the very reason for the nation’s existence.

This vital reason doesn’t even reach the fact that the United States has signed international treaties that state, unequivocally, that it deplores and rejects torture. That one is less complex; as I wrote about the Bush Administration’s doubletalk at the time…

Typically, the Administration is trying to finesse this uncomfortable fact by playing legalistic word games, requesting a “clarification” of what constitutes torture. This is intellectually dishonest, and blatantly so. The methods it wants to define as “something other than torture”…threatened drowning, cold room interrogations with subjects doused with water, beatings and other forms of assault and battery, obviously violate provisions of the Geneva Convention such as those requiring prisoners of war to be treated with “personal dignity” and “humanely,” and that they should not be subjected to “hardships and sufferings.” Meanwhile, torture is defined in Article 1 of the 1984 Convention as “any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession.” Simulated drowning, by this definition, is torture, and passing some official “clarification” that declares otherwise won’t change that. Depriving prisoners of sleep and making them stand wet in 50 degree temperatures aren’t going to suddenly become “humane” either, nor will such treatment suddenly cease to cause “hardship” and “suffering.”

The United States exists on the ideal that it, unique among nations past and present, asserts and acts upon its original dedication to the values of human life, liberty and pursuit of happiness above all else. The United States’ identity is that of the Good Citizen, the hero, the trustworthy one. Of course that’s a high aspiration; of course we will fall short of it sometimes, of course such an aspiration appears arrogant and superior to others, and so what? Continue reading →

Obama’s Remarks On The Charleston Shooting Were Unethical, And Here’s Why:

/ Jack Marshall / 44 Comments
Because every tragedy is a chance to sell policies on emotion alone...

Because every tragedy is a chance to sell policies on emotion alone…

President Obama’s comments this morning again emphasized his tendency to stoop to reckless, careless and divisive rhetoric when far better is called for.

He said in part:

We don’t have all the facts, but we do know that once again, innocent people were killed in part because someone who wanted to inflict harm had no trouble getting their hands on a gun.

Now is the time for mourning and for healing. But let’s be clear. At some point, we as a country will have to reckon with the fact that this type of mass violence does not happen in other advanced countries. It doesn’t happen in other places with this kind of frequency.

And it is in our power to do something about it. I say that recognizing the politics in this town foreclose a lot of those avenues right now. But it’d be wrong for us not to acknowledge it, and at some point, it’s going to important for the American to come to grips with it and for us to be able to shift how we think about the issue of gun violence collectively.

The fact that this took place in a black church obviously also raises questions about a dark part of our history. This is not the first time that black churches have been attacked, and we know the hatred across races and faiths pose a particular threat to our democracy and our ideals….

Observations:

1.  How does Obama know that the shooter had “no trouble getting their hand on a gun”? He doesn’t know that, and it is a misstatement  to say that this assumption of his is a fact. We know that the shooter had a gun when he used it, and that’s all. For all Obama knows, he had a very difficult time getting his hands on a gun. For all Obama knows, it took the killer months, accomplices, money, elaborate maneuvers. Or is he saying that having a gun at all is proof that it was too easy to get one? What does that suggest?

2. Obama waited barely a few hours before politicizing a tragedy, and using it to stump for his gun policies. This was inappropriate, disrespectful, crass and cynical.

3. Reasonable and enforced gun regulations are necessary and rational, but it is intellectually dishonest —and politically inept—to use this kind of an incident (or Newtown) to promote them. Nothing short of outright gun banning will stop people like the Charleston shooter from acquiring guns, and gun banning is not going to happen, ever, nor should it. The anti-gun zealots who would love to see guns banned just respond to the Pavlovian stimulus of this kind of rhetoric, and the pro-gun nuts will see this as an outright effort to repeal the Second Amendment. This kind of statement accomplishes nothing but to gin up “the base,” and, frankly, I think that’s all it’s intended to do. Continue reading →

CNN Brings Us The Anti-American Cheap Shot Of The Year In Response to The South Carolina Massacre

/ Jack Marshall / 25 Comments

Roof

Seconds ago, I just heard a guest on CNN—I didn’t notice his name, and I don’t want to know his name—tell Carol Costello that not only was church shooter Dylann Roof (above, and now in custody) sick, but that there was a great “sickness in a country that could produce a Dylann Roof,” who could pray with a congregation and then slaughter the people he just prayed with.

Carol Costello, true to her shameless, unthinking, knee-jerk jerkish soul, just nodded in agreement. Heaven forbid that she might contradict a solemn African-American race-baiting hack who had just impugned an entire nation based on the conduct of a single deranged man among 319 million.

Why stop with judging the nation by this act? Surely it proves the vile attitudes of the white race, the toxic values of males, and the inherent evil of gun owners. It proves that churchgoers are hypocrites, and that 21 year-old males are the violent, potential rapists that college campuses are now being urged to so treat them.

This CNN guest was succeeded by Costello favorite Michaela Angela Davis, daughter of the infamous Berkeley Sixties radical (and criminal) Angela Davis, who proclaimed that Roof was typical, that before this administration such crimes went unnoticed—gee, I wonder how many church massacres were covered up by those racists in the Bush Administration?— and that the attack was definitely racist terrorism, particularly because this Charleston church was important in civil rights history, and the oldest African American church still standing in the South.

Again, Costello uncritically went along with these ideological leaps.

How did Davis know that Roof chose that church for its historical significance, or was even aware of its significance? She didn’t; nobody did. Do we know that he was only interested in shooting blacks, or that when he reportedly stated that he wanted to kill blacks, he wasn’t planning on visiting other churches to announce, “I want to kill Hispanics/Asians/Catholics/Jews/ Whites”? No, we don’t.

Airing such inflammatory, premature, evidence-free assumptions is incompetent and irresponsible journalism. Endorsing an unconscionable anti-U.S. culture, history and values cheap shot like that of Costello’s previous guest is a breach of citizenship as well.

To be fair, though, CNN is getting faster at inflaming public opinion following race-related tragedies.

Practice makes perfect.

 UPDATE: CNN’s John Berman just interviewed an African-American pastor in Charleston who said, “If you can’t be safe being black in a church, where can anyone be black in the country?”

What the hell does that mean? Berman’s awkward response:

“Good point.”

No, John, it is an emotional, incoherent, inflammatory, fear-mongering point.

Ethics Observations On A Nashville Police Arrest Video

/ Jack Marshall / 42 Comments

I encountered this video on CNN this morning:

Observations:

1. No police officers should have to work under these conditions. This requires courage and tolerance above what any professional should have to muster on a regular basis.

2. Every urban mayor, district attorney, police chief, civil rights advocate and journalist should be asked to comment on the video regarding the principles of respect, civic responsibility, and citizenship.

3. If the question is asked why crime rates are rising in several cities due to a cessation of proactive law-enforcement, this video is a nearly complete answer.

4. What prominent U.S. African American officials, leaders and celebrities are condemning this conduct by the friends of the individual being arrested, and conduct like it all over the nation? I haven’t seen or heard a single one.

5. Allowing this phenomenon to continue without addressing it directly is community malpractice, irresponsible, destructive, and almost certain to be deadly.

6. When such a situation escalates to violence, as this one easily could, who will be responsible, and who should be held responsible?

Discuss.

Statutory Rape Case Study: The Ethical Necessity Of Prosecutorial Discretion

/ Jack Marshall / 31 Comments

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Reason tells the troubling story of computer science majoring college student Zach Anderson, 19, who made the acquaintance of a girl  on the “Hot or Not?” app. He was in Indiana, she was in Michigan, a short drive away. They arranged a sexual liaison, a one-time hook-up. The girl lied about her age, though, in person and on her website profile: she was really just 14, just like innocent Larry “Pinto” Kroger’s seductive girl friend in “Animal House” (shown above in her last-second moment of candor*) and thus unable to legally consent to sex. Unlike Pinto, Zach’s fate wasn’t amusing. He  was arrested and tried.

The girl admitted that she lied about her age, and her parents didn’t blame Zach. They asked that the case be dropped. It wasn’t. Without a defense on the facts of the case, Zach made a plea bargain, pleading guilty in exchange for the prosecutor’s promise not to oppose his request for leniency under a Michigan provision for first-time sex offenders under 21 that allows them to avoid off the sex offender registry. The prosecutor then double-crossed him, technically not opposing leniency but reminding the judge that he had rejected such appeals to the leniency provision in the past. (Yes, that is opposing it. Yes, that’s unethical. Yes, the prosecutor is an asshole.)

Then Berrien County District Court Judge Dennis Wiley sentenced Anderson to 90 days in jail and placed him on the Sex Offender Registry for 25 years, lecturing him: Continue reading →

Let’s Take The “Deranged And Unethical Ideologues” Test!

/ Jack Marshall / 21 Comments

keep-calm-it-s-only-a-test-2

Recognizing insanity shouldn’t be that difficult, or impeded by political orientation. Yet as the Rachel Dolezal fiasco proves, it can be. (Now that we know that she previously claimed to be discriminated against because she was white, and heard her tell Matt Lauer that a black man was her father because she thought of him as her father, will all the loyal left culture warriors who chose to die on that silly hill after I warned them that they would regret it learn anything? I doubt it.)

Now, in the interest of improving everyone’s non-partisan wacko-detection and rejection skills, I offer these two examples, one from the left, and one from the right. If either seems reasonable to you, you flunk.

First, from the right, we have… Continue reading →