Law & Law Enforcement

The Good News: For Once, A False Rape Accuser Was Sent To Jail. The Bad: The Sentence Is Ridiculous

/ Jack Marshall / 64 Comments

And while we are on the topic of offensively lenient sentences to horrible and dangerous criminals:

"The Flaying of Marsyas" by Titian

“The Flaying of Marsyas” by Titian

In Michigan, St. Clair County Judge Daniel Kelly sentenced Sara Ylen to at least five years in prison Friday for falsely accusing two men of rape. She’s a vicious serial liar: a few days earlier, she pleaded no contest to a cancer scam in a separate case.

Thirty-eight-year-old Ylen had accused a construction company owner and a mental health worker of invading her home and raping her after she drove her children to school in 2012. To help frame them, she went to the extreme of  using makeup to create what looked like bruises and carving an epithet in her arm. They would have been charged, too, except that both men had airtight alibis.  While working to ruin the lives of the innocent pair (they went to the same church as her ex-husband), Ylen also accepted thousands of dollars from supporters while claiming to have end-stage cervical cancer that had spread throughout her body.

At trial her attorney, David Heyboer, argued (zealously, as is his duty) that she was obviously disturbed, and that a single year in the local jail was sufficient punishment, even though this was her second set of false rape accusations. He made this argument without laughing, too. That’s a professional. Continue reading →

Ethics Tales Of Three Governors, As Hope Slowly Dwindles

/ Jack Marshall / 30 Comments

McAuliffe-Christie-Cuomo

The U.S.’s recent experiment with a Senator-President has been disheartening—persuasive words unhinged to action and actual principles. There was a remarkable example of this in the President’s NSA speech, in fact, in a quote that would have been the Ethics Quote of the Month had it not been so cynical coming from him. The President said…

“Given the unique power of the state, it is not enough for leaders to say: Trust us, we won’t abuse the data we collect. For history has too many examples when that trust has been breached. Our system of government is built on the premise that our liberty cannot depend on the good intentions of those in power; it depends on the law to constrain those in power.”

Wonderful! If only this had been uttered by a leader with credibility and integrity, rather than one who has shrugged off, firing no one, interference with the federal election process by the IRS, illegal spying by the NSA, and the intentional facilitation of illegal firearms coming into the murderous hands of drug cartels by his Justice Department, after bombing Libya illegally in defiance of law, selectively enforcing immigration laws, using drones to kill American citizens abroad without due process, making recess appointments when the Senate wasn’t in recess, and more recently, unconstitutionally amending the ACA on his own after it was signed into law.

This was all foretold, however. Community organizers and senators make speeches and inspire people, but unfortunately seldom have a clue how to actually govern unless, as Obama himself has wistfully noted, they have absolute power. This is why, in theory, at least, state governors, who at least have experience governing, now seem like a better recruitment field for the next occupant of the Oval Office. It sounds good in the abstract, but the recent news from the state houses  is like ice water in the face—-

The Quality Of Mercy Is Not Strain’d, But It Is Sometimes Infuriating

/ Jack Marshall / 37 Comments
"Murdered toddler...price? Oh, I think 5 years is about right."

“Murdered toddler…price? Oh, I think 5 years is about right.”

I find this story, from Virginia, harder to accept than the infamous “affluenza” case:

MANASSAS — A judge has sentenced a Manassas baby sitter to five years in prison for the murder of a toddler she had been watching, leaving the child’s family outraged by the light sentence.Twenty-two-year-old Jessica Fraraccio pleaded guilty last year to killing 23-month-old Elijah Nealey after he wouldn’t stop crying.Fraraccio had initially said Elijah slipped in the tub, but months later admitted pulling a chair out from under him and smothering him.

Why? 1) The murder was intentional. 2) Fraraccio was in a position of trust. 3) She, unlike Ethan Couch, the teenaged drunk driver in the “affluenza” vehicular homicide case, was an adult. 4) As bad as killing someone accidentally while driving drunk (and without a license, and speeding) is, killing a helpless infant intentionally is worse.

Worse also than the lenient judge’s rationale in the Ethan Couch case—she believes the boy can be rehabilitated—is the utterly indefensible theory of the judge who sentenced Fraraccio. From the Washington Post: Continue reading →

Occupational Hazard: Those Annoying, Hair-Trigger Ethics Alarms

/ Jack Marshall / 10 Comments

cab metter

The danged ethics alarms start ringing loudly at the oddest times.

On Thursday afternoon, I was completing a cab ride from Houston’s Bush airport to the downtown law firm where I was to participate in an elaborate Inn of Court presentation, when I noticed some fine print on the window to my left. In its wisdom, the state of Texas had a)  designated me a senior before my time, and b) decreed that such newly-minted seniors were among those guaranteed  a 10% discount on their can fares. I had two disparate reactions to this stunning development in rapid succession.

First, in the tradition of Shirley MacLaine in “Terms of Endearment” when she raged at her daughter (Debra Winger) for becoming pregnant and thus making it imminent that she would be a grandmother, I was ticked off. Then I thought, “Well, what the hell. If Texas wants to save me money (this was going to be a hefty fare), why should I stop it?” Then the ethics alarms started ringing. Continue reading →

Ethics Dunce: Law Professor Josh Blackman, Too Desperate To Take A Cheap Shot At Justice Scalia

/ Jack Marshall / 39 Comments

Supreme Court Justice Scalia, though not quite to the absurd degree of Sarah Palin, is a conservative who inspires such visceral dislike from the residents of the American Left that he often inspires them to behave irrationally in their eagerness to express their contempt. Such was the case this week, when Scalia sharply rebuked a lawyer making his oral argument before the high tribunal in the case of Marvin Brandt Revocable Trust v. United States, a property rights dispute over the conversion of abandoned railroad rights of way into public trails. The advocate, Steven Lechner, was before Scalia and his colleagues for the first time, and began his argument by reading from his notes. This is not cool, and violates Supreme Court tradition, rules, and long-observed standards.

Tony Mauro, blogging at the Legal Times, explains: Continue reading →

The Unforgivable Conflict of Interest: Sports Agents, Robbing Their Ignorant Clients

/ Jack Marshall / 13 Comments
The ethical course is to choose.

The ethical course is to choose.

Sports agents are rich, powerful, and ethically handicapped by inherent conflicts of interest. The first two qualities so far have insulated them from dealing fairly and openly with the second. This is wrong, and has got to stop. For it to stop, it would help if the players, their unions, the sports leagues and the sports media didn’t either intentionally pretend not to see the obvious, or weren’t too biased and ignorant to realize what’s going on.

Four years ago, I wrote about this problem in a long piece for Hardball Times, a baseball wonk blog of consistent high quality.  The specific agent I was writing about was Scott Boras, the king of baseball player agents, but the egregious conflict I flagged isn’t confined to that professional sport; it’s present in all of them. In the article, I argued that Boras, a lawyer, is engaged in the practice of law when serving as an agent and was therefore violating the legal ethics rules, which prohibits having clients whose interests are directly adverse to each other, specifically in the so-called “Zero-Sum Conflict” situation.

A lawyer can’t assist two clients bidding for the same contract, because the better job he does for one, the worse his other client fares. A lawyer can’t sue a defendant for every penny that defendant has on behalf of one client when he or she has another client or two that have grievances against that same defendant—if the lawyer is successful with the first client, he’s just ruined his other clients’ chances of recovery. There is some controversy over whether the legal ethics rules automatically apply to a lawyer-agent like Boras, but never mind—whether he is subject to the legal ethics rules or not when serving as an agent, the conflict of interest he is blithely ignoring still applies, still harms his clients, still puts money in his pockets, and still should not be permitted. Continue reading →

Christie And Obama: Is It Me? I Keep Expecting Partisans And the News Media To Have Integrity And Honesty, And I Keep Getting Disappointed…

/ Jack Marshall / 10 Comments
Nah!

Nah!

The news media feeding frenzy over Chris Christie’s traffic jam scandal continues, with the news that a special prosecutor is being handed the investigation being treated with solemn nods and predictions of sinister revelations to come. This is all fine and good: the possibility that any elected government leader would intentionally cause pain for the citizens it is pledged to serve is too offensive to the concept of duty to be allowed to linger in doubt. When a New Jersey Democratic legislator opined that the governor should face impeachment if it is shown that he ordered the despicable traffic sabotage, I heartily agreed, and I count myself as a Christie admirer. The poll results so far regarding this incident, especially in New Jersey, are troubling: by Ann Athouse’s calculations, 7% of those polled believed that Christie was behind the outrage and lied about it, and don’t mind a bit. Where are the ethical standards of such individuals? What’s wrong with those people?

Whatever it is, it is apparently the same thing that is wrong with Democrats, progressives, African-Americans and the news media, who don’t seem bothered at all that equally insidious, or worse, governmental abuses have been, may have been or are being engineered by President Obama and/or his lackeys, and there appears to be no accountability for it, or even adequate bipartisan criticism. How can this be? What am I missing? Continue reading →

The Fifth Annual Ethics Alarms Awards: The Worst of Ethics 2013 (Part Three)

/ Jack Marshall / 37 Comments

Jill-Greenberg

Unethical Artist Of The Year

Photographer Jill Greenberg, whose art requires parents to make their children cry. Runner-up: Peeping Tom photographer/artist Arne Svenson

Kaitlyn Hunt

False Allegation Of Anti-Gay Bigotry Of The Year

Kaitlyn Hunt’s parents, who spun a false tale of anti-gay prejudice to portray their sexual predator daughter as a victim after she was accused of statutory rape by the parents of her under-age target. Hunt’s parents even managed to suck the ACLU into their web and the liberal-leaning press portrayed her as a martyr to anti-gay bias. But Hunt’s lies ultimately caused her cover-story to unravel.

 Unethical Hoax Of The Year

Oberlin students Dylan Bleier and Matt Alden, aided and abetted by  Oberlin College and its president, Marvin Krislov. The two students, self-proclaimed progressives, posted a series of racist and anti-Semitic posters, graffiti and anonymous emails as “an experiment.” Krislov and Oberlin, after cancelling classes and engaging in campus-wide navel-gazing, continued to allow the media and the public believe that this was the work of racists on campus well after it had learned who the real miscreants were.  Runner-up: The horrible Meg Lanker-Simons, former University of Wyoming student (now admitted to law school—I don’t want to talk about it) who threatened herself with rape and used the bogus threat to show that her campus was violent and sexist.

Most Unethical Use of Social Media Continue reading →

Ford’s Hypothetical Ethical Dilemma

/ Jack Marshall / 22 Comments
"Oh-oh...Lindsay's behind the wheel again..."

“Oh-oh…Lindsay’s behind the wheel again…”

Ford’s Global VP/Marketing and Sales, Jim Farley, was waxing on about data privacy as a participant in a panel discussion at an electronics trade show in Las Vegas. He was making a point regrading how much data Ford has on its customers, and its possible uses, and stunned audience members when he said, “We know everyone who breaks the law, we know when you’re doing it. We have GPS in your car, so we know what you’re doing. By the way, we don’t supply that data to anyone.” Ford knows when drivers of its automobiles break the law? That raises all kinds of concerns, and obviously Ford’s PR folks and lawyers didn’t care to deal with them. The next day, after a lot of publicity, Farley “clarified” his statements, saying, “I absolutely left the wrong impression about how Ford operates. We do not track our customers in their cars without their approval or their consent. The statement I made in my eyes was hypothetical and I want to clear this up.”

Well, you know how much I like hypotheticals. Besides, how will we be sure that Ford, if it can monitor our driving, won’t monitor our driving, or at least someone’s driving? Constitutional law specialist and blogger Eugene Volokh has an interesting post about the legal and liability implication’s of Ford’s peculiar spying ability. Introducing his analysis, he writes, Continue reading →

Here’s Something A-Rod Is NOT Doing Wrong

/ Jack Marshall / 7 Comments
The Don had his flaws, but he knew the difference between personal and professional.

The Don had his flaws, but he knew the difference between personal and professional.

Alex Rodriguez has done a lot of bad things, but everything he does isn’t wrong. Kudos to lawyer/baseball pundit Craig Calcaterra for flagging a typical bit of pundit idiocy.

Yesterday, the news was that Rodriguez, rather than accept his season-long suspension as a result of the arbitration panel’s final decision regarding the disciplinary action against him taken by Major League Baseball, is suing MLB, and the players union for not properly defending him. This involves allegations that the union’s late Executive Director, Michael Weiner (who perished last year of an inoperable brain tumor) failed in his duty to A-Rod, a member in good standing, though a slimy one.  This, to various sportswriters, broadcasters and bloggers, was the smoking gun proof that Alex’s heart is as black as a Mamba: how dare he impugn the character of a dead man, a beloved family man who died before his time? For example, here is  Yahoo Sports’ indignant Jeff Passon:

“Alex Rodriguez is a sad, desperate man, and sad, desperate men do sad, desperate things like blame their sad, desperate circumstances on a beloved, deceased man. Of the many layers of pathetic A-Rod has peeled back in trying to excuse his own wretched choices, never had he spoken ill of the dead, not until Monday when his failing defense found a new nadir.”

Rodriguez may well be a sad, desperate man as well as a certified rotter, but his treatment of Weiner is not one of his many transgressions. Continue reading →