A Prosecutor Is Sent To Jail For Unethical Conduct, And It’s About Time

Good.

Good.

In the resolution of a case already discussed on Ethics Alarms, Former Williamson County (Texas) District Attorney Ken Anderson has been  sentenced to serve 10 days in jail, pay a $500 fine and complete 500 hours of community service as punishment for intentionally failing to turn over exculpatory evidence that would have exonerated Michael Morton, who spent nearly 25 years in prison for a murder he did not commit. Anderson also was forced to surrender his law license and resign his post as a judge because of his ethical breaches in the 1987 case, ultimately overturned after DNA evidence proved that Morton did not beat his wife to death.

Ten days for the prosecutor who disgraced his profession, sullied the justice system and destroyed a life seems like a rap on the wrist, and even an insult to the man who had to spend  nearly 9000 days in jail because of Anderson’s deception. Consider, however: despite blatant prosecutorial misconduct, in every state and for centuries, with untold numbers of innocents jailed and executed, most never vindicated, this appears to be the first time on record that any prosecutor has been punished with jail time. Few, compared to the number deserving punishment, have been punished at all.

It’s a start. It’s a precedent.

The justice system just became a little more accountable.

_____________________________

Pointer: Legal Ethics Forum

Sources: New York Times, ABC KVUE

Ethics Alarms attempts to give proper attribution and credit to all sources of facts, analysis and other assistance that go into its blog posts. If you are aware of one I missed, or believe your own work or property was used in any way without proper attribution, please contact me, Jack Marshall, at  jamproethics@verizon.net.

Ethics Quiz: The Case Of The Reasonable Gun Nut

A voice of moderation in the gun control debate?

A voice of moderation in the gun control debate?

“Guns and Ammo Magazine,” a stalwart of gun rights advocacy,  fired contributing editor Dick Metcalf after he penned, and the magazine published, an editorial advocating moderate gun control.

In his opinion piece titled “Let’s Talk Limits,” Metcalf wrote in part,

“Way too many gun owners still seem to believe that any regulation of the right to keep and bear arms is an infringement. The fact is, all constitutional rights are regulated, always have been, and need to be….All U.S. citizens have a right to keep and bear arms, but I do not believe that they have a right to use them irresponsibly.”

The Horror. You would have thought he had come out for legalized cannibalism. Readers attacked the editor and the magazine on social media, and threatened to cancel subscriptions. “Guns and Ammo” editor Jim Bequette posted an apology to readers on the magazine’s website, saying he should never have run the column:

“In publishing Metcalf’s column, I was untrue to that tradition, and for that I apologize. His views do not represent mine — nor, most important, ‘Guns & Ammo’’s. It is very clear to me that they don’t reflect the views of our readership either. I made a mistake by publishing the column,” he continued. “I thought it would generate a healthy exchange of ideas on gun rights. I miscalculated, pure and simple. I was wrong, and I ask your forgiveness.”

Bequette not only announced that “Guns & Ammo” had fired the author, but also that he was leaving as well.

Your Ethics Alarms Ethics Quiz for today is…

Was “Guns and Ammo” unfair to fire Dick Metcalf for writing a moderate and thoughtful opinion piece advocating some gun controls? Continue reading

Toronto’s Pathetic Mayor: What’s The Question?

If Chris Farley had been elected mayor....

If Chris Farley had been elected mayor….

I’ve received a wave of emails from helpful readers, with links to news reports about Canada’s shame,  drunk, crack-smoking, lying Toronto mayor, Rob Ford. “Write about this!” they suggest.

Write what?

The mayor of a major Canadian city is a law-breaker, a substance abuser, an addict, and ill. When your defense to a video showing you smoking crack is “I was so drunk, I don’t remember it,” that should say it all. He initially lied about the allegations of his crack use. He calls up radio stations in a drunken state. He is caught on tape drunkenly screaming that he want to murder someone. His various public stances to keep his job have ranged from shameless appeals to pity— “I hope none of you ever find yourself” in such a state, a reverse Golden Rule tactic that amounts to arguing “Do unto others as you would want others to do unto you if you were the irresponsible, addict mayor who will do and say anything to stay in office”—to that old stand-by, Bill Clinton’s “I’m just going to concentrate on doing my job and accomplishing what the voters elected me to do,” as if they elected Ford to embarrass the city. Continue reading

Preliminary Ethics Observations On The NFL Bullying Scandal

The bully and the bullied.

The bully and the bullied.

If you are unfamiliar with this story, the details are here. There is much that remains in question, but the basic outline of the incident is this:

  • The Miami Dolphins, like most professional football teams and also most college teams, have a tradition of “hazing” rookies, humiliating and harassing them in various way, “all in good fun, of course.”
  • The ironically named Richie Incognito, a starting guard for the Dolphins, was known as an especially relentless and enthusiastic hazer.
  • Last weak, the team’s second-year tackle Jonathan Martin walked out on the squad and checked into to a hospital, saying he could  he could no longer deal with the continued harassment from his teammates.
  • Incognito was shown to have referred to Martin using abusive language and racial epithets in voice messages.
  • Based on the evidence of the voice mails, the Dolphins suspended Incognito, who is being defended by his team mates. Sources are saying that his career with the Dolphins, and perhaps the NFL, may be over.
  • It is likely that the Dolphin coaches were aware of Martin’s hazing.

This is the perfect ethics problem to approach with what I regard as the most important clarifying question in beginning any ethical analysis:  What’s going on here? Continue reading

More Integrity Test Results: The Bad, The Cynical, The Desperate, The Ugly And The Mind-Blowingly Stupid

denial1The last couple of days have added more embarrassing examples of desperate supporters of the Democrats, President Obama and/or the Affordable Care Act thoroughly disgracing themselves by adopting rationalizations, distortions, denial, tortured reasoning and worse to avoid holding President Obama accountable for intentionally misleading the American people for more than three years regarding whether they could keep their healths plan if they liked them, “period.”

Two aspects of this disgusting spectacle are remarkable. One is that there is such a wide and creative variation among the integrity-defying tactics taken by this distinguished assortment of pols, elected officials, hacks, flacks, pundits and journalists. The other is that after this is all over, nearly half the American public will still loyally insist on trusting the promises and pronouncements of this very same group, though they proved themselves, in this episode, untrustworthy beyond a reasonable doubt. The first of these developments is surprising. The second extinguishes all hope.

Now the latest additions to the list of shame:

  •  David Axelrod, Obama political advisor. Today on “Meet the Press, ” Axelrod chose as his truthbuster the rationalization that since the President wasn’t lying to all of the Americans he was addressing, he wasn’t lying at all. Continue reading

Can A Prostitute Be Raped?

On Nov. 5, we'll find out if W.C. Fields' low opinion of Philadelphia was justified...

On Nov. 5, we’ll find out if W.C. Fields’ low opinion of Philadelphia was justified…

An unethical and incompetent judge in Philadelphia doesn’t think so, thus making a powerful argument against electing judges, being a prostitute, and living in Philadelphia.

Philadelphia Municipal Court judge Teresa Carr Deni ruled that the 2007 rape of a prostitute at gunpoint was merely “theft of services.”The  woman had agreed to meet a man have sex with him for the bargain fee of $150. He asked her if his friend could join in the fun for an additional $100, and she agreed. When these two sterling citizens arrived for the appointment, however, they held her at gunpoint and forced her to have sex with them free of charge.

If this isn’t rape when a prostitute is involved—forced, unconsented intercourse, through the threat of deadly force—then any prostitute can be raped at will, with the worst charge being “theft.” Selling sex doesn’t convert sexual battery into nothing, a non-crime, once consent for that sale is withdrawn. If you know someone is preparing to sell blood to a blood bank, and you attack him, subdue him, and drain his blood to sell yourself, is this merely theft, or a crime of violence? If he was going to be an organ donor, and you rip out his kidney, is that just theft? There is no route through law or reason that allows us to ignore the fact that a woman was forced to have sex with two men without her consent. Judge Deni clearly has a monstrous bias against prostitutes, and thus believes that they shouldn’t receive equal protection under the law. When criticized, her rationalization was that prosecuting the men for rape “minimizes true rape cases and demeans women who are really raped.” Continue reading

Ethics Dunce: Columbia, South Carolina Police Chief Ruben Santiago

The face of police power abuse in Columbia, S.C.

The face of police power abuse in Columbia, S.C.

If our culture did a minimally competent job communicating the essential right of free speech in the United States, people like Ruben Santiago wouldn’t think as the do—as they do being best described as ignorantly, censoriously, arrogantly and stupidly. Both the Left and the Right are to blame for the message not getting out to the public, and, consequently, members of the public who acquire governmental authority: the government can’t threaten you or harm you for mere speech…the Left through its attempts at political correctness, mind control and indoctrination in the schools, the Right in its efforts to use laws to curb expression involving sex and violence in the arts and entertainment.

In Columbia,Police Chief Ruben Santiago took to the Columbia Police Department Facebook page to announce that his officers had seized  $40,000 in marijuana from an apartment after a successful drug investigation. Citizen Brandon Whitmer, on his own page, took note of the arrest and opined, “maybe (police) should arrest the people shooting people in 5 points instead of worrying about a stoner that’s not bothering anyone. It’ll be legal here one day anyway.” Santiago replied ominously to Whitmer, saying, “(W)e have arrested all of the violent offenders in Five points. Thank you for sharing your views and giving us reasonable suspicion to believe you might be a criminal, we will work on finding you.”

Somebody  in the department with a working knowledge of the Constitution quickly got that post deleted, but Santiago defended it in a double-down post, writing, Continue reading

Unethical Quote Of The Week: Josh Barro

“‘If you like your health plan, you can keep it’ was never a reasonable promise; health reform that addressed America’s combination of high cost, middling outcomes and spotty coverage was necessarily going to have to change a lot of people’s health plans. So yes, that statement is proving false — and it’s a good thing.”

—–Josh Barro in Business Insider, joining the ranks of the untrustworthy while discussing the unfolding realities of the Affordable Care Act.

Or as HHS Secretary Kathleen Sibelius would say: "Whatever."

Or as HHS Secretary Kathleen Sebelius would say: “Whatever.”

James Taranto has catalogued several more disgraceful efforts to deny the undeniable—that President Obama’s assertion that nothing in the Affordable Care Act would cause any American to lose a plan that he liked was a calculated and intentional lie—thus adding those individuals to the growing list of people Americans should never pay heed to again on any topic, because they have proven themselves to lack integrity and are thus untrustworthy.

Among them: New York Times pundit David Firestone, James Carville (I’m shocked!), Time’s Kate Pickert, and my friend Jason Linkins over at the Huffington Post, a funny, smart man who ought to be ashamed of himself.  The comments that most alarmed me, however, were those of another addition to the list, commentator Josh Barro. “The statement is proving false” is a particularly loathsome version of “mistakes were made,” which attempts to remove the human being responsible from identification and accountability. Obama’s statement isn’t changing or doing anything. Barro’s dishonest phrasing denies the fact of human agency. Obama made a promise regarding matters that he had complete control over in every way, and that promise was false when it was made. By him. The President could have guaranteed that his promise would be kept by refusing to sign a bill that didn’t make certain, through its provisions, that it would be kept. In fact, he has known all along (or has no excuse for not knowing)that millions of Americans wouldn’t be able to keep the plans they wanted to. The promise isn’t “proving false;” it was always false.

As for Barro’s airy declaration that the fact that it is “proving false” is a good thing, this is essentially an endorsement of lying as tool of public manipulation. Lying to the public is never a good thing, and a President lying to the public is a terrible thing. That so many of President Obama’s allies and supporters, like Barro, endorse lying and shamelessly so if it achieves ends that they happen to believe are beneficial should set off not merely ethics alarms, but democracy and republic alarms. Self-government cannot flourish or even survive when this kind of conduct by elected leaders becomes commonplace and accepted.

Although I have seen scant evidence of it so far, I hope that the progressives, Democrats, journalists and others who are now discarding all semblance of honesty and objective reasoning to rationalize away the President’s words in this episode recognize that their obligations to their illusions and ideologies must be secondary to their duties to the culture, fellow citizens, American values and the nation. Many of these desperate deniers are my friends, some are my family. I call on them to stop amplifying a lie and excusing betrayal. You’re disillusioned—I accept that. I’ve been in your position. It is devastating when those you have admired, believed, and tied your own credibility to show themselves to be unworthy of that trust, and abuse it. But denial makes the consequences of that conduct worse, and indeed ratifies it and guarantees that it will continue. This is cowardly and irresponsible. You are better than that; the country is better than that. This is not a culture that has embraced the concept of “the King can do no wrong,” indeed, the Constitution and the Declaration are predicated on the truth than leaders are fallible.

The President lied to everyone, and that is not “a good thing.” It is something that should never be trivialized nor allowed to pass without serious, meaningful consequences, and there can be no consequences when good and intelligent people abdicate their duty of self-government, which includes the duty of oversight, to protect the wrongdoers. All the polls say that we want our government to be trustworthy. Well, it can’t be trustworthy if we excuse its lies. For the government to be trustworthy, we have to be trustworthy too. We have to be able to trust each other not to aid the lies we are told, and to confront the liars.

It’s not too late.

______________

Pointer and Source:Forbes, Business InsiderWall Street Journal

New York’s Stop And Frisk Ethics Train Wreck

Free speech, Brown University style.

Free speech, Brown University style.

On the CBS Tom Selleck drama “Blue Bloods,” fictional New York police commissioner Ryan (Selleck) must deal with a court-mandated monitor to prevent police abuse of the city’s stop-and-frisk tactics. The show might as well just sketch out its season following parallel developments in the real stop-and-frisk drama in the city, which has already taken some strange twists and turns and is bound to take others. It is now officially an Ethics Train Wreck, involving questionable ethical conduct by police, the city government, a former mayor, Fox News, a judge, college students, and an Ivy League college: Continue reading

The Washington Post’s Integrity And Trustworthiness Test Results: Mixed; Naturally, PolitiFact Flunks

D. And that's with grade inflation.

D. And that’s with grade inflation.

The results of the integrity and trustworthiness test created by the revelation that President Obama and his Administration lied—knowingly, repeatedly, and intentionally—so that the American public would believe that the sweeping Affordable Care Act would not affect their healthcare insurance unless they wanted it to is returning information both invaluable and disconcerting.

An astounding percentage (yes, I guess I am that naive) of Democrats, progressives, pundits and journalists (there is a lot of redundancy there, I know) are mouthing transparently dishonest rationalizations, misrepresentations, deceits and talking points to avoid the simple act of admitting what  occurred and assigning just accountability for it. Either they are in the throes of desperate denial, or they really believe that the American public is so dumb that it can be spun indefinitely. In either case, we now know they can’t be trusted.

The Washington Post has completed its test, and its results are conflicted. Pointing toward an “A ” is the column by Post Factchecker Glenn Kessler, who pulls no punches: he rates Obama’s pledge that “nobody will take away” your health care plan if you like it as a four Pinocchio whopper, without qualification: Continue reading