Law & Law Enforcement

Incomplete Ethics Observations On George Zimmerman’s Acquittal

/ Jack Marshall / 45 Comments
Just et me finish all this, and then I might be able to wade more deeply into the Trayvon Martin-George Zimmerman mess....

Just et me finish all this, and then I might be able to wade more deeply into the Trayvon Martin-George Zimmerman mess….

When my stomach is feeling less queasy, I will hope to set out to undertake the Augean task of assigning the various honors and indictments arising from the apparently concluded Trayvon Martin-George Zimmerman Ethics Trainwreck. For now, however, in the wake of the jury’s most proper acquittal,  here are some briefer observations:

  • There was no way that Zimmerman could have been fairly and properly found guilty based on the evidence presented, and the fact that 1) the case was brought to trial by prosecutors and 2) the judge allowed it to go to the jury after the prosecution had failed its burden of proof, showed unethical conduct by prosecutors and, quite possibly, bias by the judge.
  • The jury was heroic, unless they were truly ignorant of all the distracting and misleading efforts from the media to condemn Zimmerman based on a political agenda, rather than the facts of the actual case. They had reason to fear for their lives, and reason to believe that a not guilty verdict would spark violence. It would have been easy, if wrong, for them to manufacture reasonable doubt as a utilitarian compromise, to sacrifice Zimmerman’s life and a just verdict to the safety of others and themselves. Of course, if they really were as ignorant of current events and the case as jurors in such high-profile trials usually have to be to get through voir dire, then perhaps the jury wasn’t courageous. In that case, it was just a good jury that did its duty well, and that makes them heroes too. They honored the jury system and our democacy, despite all the efforts to pollute it, some from very high places indeed. Continue reading →

Unethical Quote of the Week: Economist Paul Krugman

/ Jack Marshall / 30 Comments

“…The prostitute thing is embarrassing and painful to think about, but not a disqualification for public office. David Vitter is still in the Senate, and in internal LA Republican politics is apparently squashing the very pious Bobby Jindal like a bug…I know that opinions differ about just how effective Spitzer’s confrontations were. But at least he tried — which is more than you can say about almost anyone else in our political life. Basically, the malefactors of great leverage were bailed out and went right back to being bad guys again, and everyone in public life pretended that nothing had happened. That, I think, is why there’s a surprising reservoir of support for Spitzer; people remember him as someone who showed at least some of the righteous outrage that has been so wrongly absent from our national discourse. It’s a useful reminder, and it’s why I regard his entry into the race, win or lose, as a good thing.”

–— Inexplicably revered progressive economist and New York Times columnist Paul Krugman, discussing the re-entry of Eliot Spitzer into New York state politics on his blog. Spitzer, despite having to resign from office as governor because he was caught partaking in the services of a prostitution ring—the same kind of enterprise he aggressively prosecuted as state attorney general, is now running for comptroller.

Explain, please: How can anyone rely on the judgment of someone whose ethical reasoning is this miserable?

Explain, please: How can anyone rely on the judgment of someone whose ethical reasoning is this miserable?

I do not understand how anyone can read or take seriously Krugman’s opinions on budget management and national affairs—he thinks that the national debt is no big deal at the moment, a position that is essential to Obama-enabling—when the favorite economist of progressives and Democrats can write something as indicting as the quote above. The post is appallingly irrational, irresponsible and unethical: it suggests that the author’s judgment is miserable, that his ethics are negligible, that his biases rule his intellect….and that, apparently with justification, he is confident that the Park Avenue liberals who quote him at dinner parties won’t lose an ounce of respect for or abandon an inch of reliance regarding a champion who believes such rot. Continue reading →

Ken at Popehat Weighs In On The Justin Carter Persecution

/ Jack Marshall / 3 Comments

justin-carter-1

At Popehat, where I hoped the Justin Carter arrest and imprisonment would eventually attract interest, Ken White—attorney, civil libertarian, blogger extraordinaire—writes in part…

“We have fully and foolishly subscribed to the “Think of the Children!” culture. In an era in which violent crime has plunged dramatically, we think it is up. We think so because the media — hungry for money and attention — serves us bloody context-free meat every night. We think so because law enforcement — hungry for more funding, more power, more toys — relentlessly tells us we are in danger and that our children are in danger and that the only answer is to trust and fear. We are bid to trust not ourselves and our good judgment, but law enforcement. We are bid to fear not the power of the state, but the criminal forces arrayed against us and our children — forces that only law enforcement can hold at bay. We accept this. But who poses more of a risk to us, and to our children: the Justin Carters of the world, or the state that will file dishonest and misleading warrant applications against him, the state that will confine him to be beaten and stripped naked in a cell, the state that will confine him for a crass joke?”

Read the entire, excellent post here.

Ethics Alarms hopes Popehat joins with us in promoting…

August 1, 2013

as “Quote Justin Carter On Social Media Day.” Even more, I hope that the charges against Justin Carter are dropped before the first, though the protest should go forward. The Justice Carter prosecution for free expression on his Facebook page is infinitely more significant and important to the nation than the show trial of George Zimmerman, though they are related: in both cases, deliberate efforts to inflame the public for political gain resulted in the flagrant abuse of prosecutorial power. It isn’t enough that Justin is spared…we need to make sure this stops now, and forever.

Note: You can register your support for the protest at Jeff Field’s event page, here.

 

Gov. Bob McDonnell And The Compliance Dodge

/ Jack Marshall / 32 Comments

GiftsThe bottom line is that Virginia Governor Bob McDonnell accepted what looks to any objective observer like a bribe–several bribes, in fact—and whether he is in technical compliance with his states laws and ethics rules doesn’t change the fact that he is, by definition, corrupt and untrustworthy.

McDonnell, once considered a rising star in the national GOP firmament–and who knows? Considering the competition, he may be still!—has been steadily soiled and diminished by  revelations of dubious gifts and payments to his family and a corporation jointly owned by him and his wife by wealthy businessman Jonnie R. Williams Sr, chief executive of dietary supplement manufacturer Star Scientific Inc. So far, the gifts and payments appear to include, Continue reading →

Unethical Quote of the Month: Washington Post Book Reviewer Patrick Anderson

/ Jack Marshall / 40 Comments

The_Best_Little_Whorehouse_in_Texas?????????????????????????

“The moral I draw from this richly detailed, terribly sad book is that, since prostitution will never be eliminated, it should be legalized.”

—-Washington Post book reviewer (and former Jimmy Carter speechwriter) Patrick Anderson, in the conclusion of his positive review of “Lost Girls,” a non-fiction about a series of prostitute killings.

Read that quote over and over again, as I have, and if you can tell me how an intelligent human being reaches the point where he (or she) considers such a statement logical, rational, responsible or ethical, please enlighten me.

I know there are people who think like this and applaud such sentiments, though on its face the position is utter nonsense. Substitute murder, or child porn, or incest, or wife-beating…official corruption, bribery, kick-backs…drunk driving, water pollution, cruelty to animals…any persistent blight on society and human interaction, and Anderson’s idiotic formula applies as well to it as it does to prostitution. Continue reading →

I Propose A “Quote Justin Carter On Social Media Day”—Because His Imprisonment Is A Disgrace To Our Nation

/ Jack Marshall / 75 Comments

Justin Carter

Ethics Alarms is not an activist blog. That is not its purpose. However, for some reason that mystifies and frightens me, most of the nation appears to be unaware, or not to give a damn, that in this nation, supposedly free and governed by the principles of the Bill of Rights and the Declaration of Independence, a young teenaged man has been imprisoned and abused because he wrote this in a non-threatening exchange on Facebook:

“Oh yeah, I’m real messed up in the head. I think Ima shoot up a kindergarten and watch the blood of the innocent rain down and eat the beating heart of one of them.” lol. jk.”

I wrote about the ridiculous, Kafka-esque series of events that put this innocent kid in prison here. I asked in that post, “what are we going to do about it?” The answer, apparently, is nothing.

The confiscate-the-guns, save-the-children, anything-goes-to-save-one-child hysteria that marinated everyone’s brain since Newtown apparently worked, and just a few observers are even paying attention to Justin’s persecution any more. It’s gotten worse for Justin, you know. He’s still in jail; he has apparently been beaten. He’s on a suicide watch, and for some reason a judge set his bail at $500,000, which defies sanity. The ACLU, which one would think exists to come to the rescue of victims like Justin, has been silent as far as I can tell. Texas Governor Rick Perry hasn’t lifted a finger either. While President Obama clearly intends to stick his nose into every local incident he gives a damn about, he doesn’t appear to feel the imprisonment of a kid for making a black humor joke on Facebook is worthy of his meddling. Outside of the Huffington Post, the National Review and NPR, only the conservative websites have expressed outrage at Justin’s case. None of the major news networks have reported it. Nor has the Washington Post or The New York Times. Indeed, read the comments to some of the web coverage, and you encounter disgusting reactions like this, from HuffPo reader Rita Phel:

“It is unbelievable how many people are defending this young man and making light of what he said. There is NOTHING funny about that comment and there never will be. The victim’s families are still grieving for goodness sake. And just because somebody says they’re just kidding doesn’t mean they actually are. Also, he’s not a kid – he was 18 at the time and that makes him an adult. He knew very well that what he posted was inappropriate or else he would not have quickly followed it with ‘lol’ and ‘jk’. This world is clearly more messed up than I thought if people could boldly defend something so obviously cruel, offensive and insensitive”

That’s right Rita, you Nazi, when someone offends you with an insensitive remark on his own webpage, lock him up.

All you self-righteous civil libertarian cartoonists out there: you thought it was worth insulting an entire world of Muslims because one of your number was bullied by Islamic crazies for drawing Mohammad. Is it worth your time to do anything to protest your own country throwing teens in jail for making sarcastic jokes? Why are you, indeed, why are any of us sitting by and allowing our news media to ignore the fact that in this country, someone is being jailed for nothing more than a lack of political correctness…and is allegedly facing many years in jail? The big protest action undertaken in Justin’s behalf appear to be a Change.org petition. Yeah, that’s powerful.

lol. jk.

He’s “just one” individual? He’s one citizen, and if it can happen to one, it can happen to any of us. (It already happened to another.)

So let me propose some more high profile action that might rouse our media and our elected officials out of their disgraceful apathy. I’m not going to organize it, but the social media will do that, if anyone else cares.

I propose that we make August 1 “Quote Justin Carter On Social Media Day.” Circulate this post, or just spread the word yourself. Everyone with a Facebook, Twitter or other social media account post Justin’s prison-worthy threat….

“Oh yeah, I’m real messed up in the head. I think Ima shoot up a kindergarten and watch the blood of the innocent rain down and eat the beating heart of one of them. lol. jk.”

Maybe that will get some attention. That busy-body in Canada can’t have all of us arrested…unless its just me. Come to think of it, I live next to a school. Hmmm. I sure hope I have some company on August first, because in Barack Obama’s America, I’m not sure what I may be arrested for, or who may be watching.

I’m not doing this alone.

________________________________

Graphic: New York Daily News

The George Zimmerman Show Trial

/ Jack Marshall / 230 Comments
It CAN happen here. Or at least in Florida.

It CAN happen here. Or at least in Florida.

Before George Zimmerman was charged with the second degree murder of Trayvon Martin, the suspicion was already growing that powerful people, much of the news media and perhaps one entire political party was attempting to take his freedom and life for ideological, partisan or political gain. Then came the bizarre and unprofessional public statements by Florida prosecutor Angela Corey, unequivocally proclaiming her alliance with the Martin family and her certainty of Zimmerman’s guilt—neither of which sentiments were appropriate or ethical. Now that we have seen and heard the state’s case, there is little doubt that Zimmerman, contrary to American principles of justice, is being required to prove his innocence, rather than be proven guilty beyond a reasonable doubt. There are reasons for this, not the least of which is that the President of the United States decided to dictate that getting to the bottom of the “Why is Trayvon dead?” conundrum was a matter of national importance, but none of them are honorable,  fair, right or ethical. Continue reading →

More Ethics Of Terrible Secrets : Falling Bullets, Moral Luck, And The Accountability Check Of A Lifetime

/ Jack Marshall / 58 Comments
Somebody's happy!

Somebody’s happy!

Seven year-old Brendon Mackey was walking with his father in the parking lot of the Boathouse Restaurant in Midlothian, Virginia at around 9 p.m. last Thursday when a bullet, apparently shot into the air by a Fourth of July celebrant, fell through his skull, killing him.

“We don’t think this was an intentional shooting. We think that somebody in or around the area was celebrating the Fourth of July. Unfortunately we think they were shooting a gun in a reckless manner and this young boy is a victim,” a police spokesman told the media. The bullet, experts say, may have been fired as far as five miles away.

There is an investigation ongoing, but if history is any indication, Brendon’s killer will remain a mystery. Last Independence Day, a Michigan State student, engaged to be married, was killed the same way, by a bullet believed to have been launched into the sky by a celebrating stranger. Michelle Packard was 34. This spring, her still grieving  fiancé committed suicide.

Has a reckless celebrant with a gun  ever stepped forward voluntarily to accept responsibility for causing such a tragedy? I cannot find any news accounts that suggest it. Deaths from stray bullets fired into the air are rare: most fall to earth harmlessly, and even when they hit someone, the result is seldom a fatality. Still, firing a gun skyward is illegal, and truly reckless and stupid. My father told me that during World War II, he warned the men under his command that he would see that anyone firing a weapon into the air without good reason would be court martialed. “They really seemed surprised when I told them that the bullets came down,” he said. Continue reading →

A Prosecutor Lies, But It’s For A Good Cause…

/ Jack Marshall / 7 Comments
Yes, Jack McCoy would probably be disbarred in the real world...

Yes, Jack McCoy would probably be disbarred in the real world…

Aaron Brockler, an assistant Cuyahoga County (Ohio, including Cleveland) prosecutor, was fired last month for  using a false identity on Facebook  to try to influence the testimony of  defense witnesses in a homicide case.

He initiated Facebook discussions with two women listed by the defense as alibi witnesses in a murder prosecution. Brockler pretended to be a former girlfriend of the defendant who had a child fathered by him, and urged the witnesses not to “lie for him.”  County Prosecutor Timothy J. McGinty fired Brockler, who by my count violated at least Ohio legal ethics rules 3.4, 3.7, 3.8, 4.1, 4.2 and 8.4, (tampering with evidence, suborning perjury, becoming a necessary witness, prosecutorial misconduct, misrepresentation of facts, contact with a person represented by counsel and dishonesty) and perhaps some others. Prosecutors are not allowed to tamper with defense witnesses, or try to influence any witness testimony. They are not permitted to contact represented parties in connection with a prosecution, unless the lawyers are involved. They are not permitted to lie or pose as someone they are not over the internet. They are not permitted to make themselves witnesses in their own cases. Brockler wasn’t just fired for cause, he was fired for multiple causes, any one of which would have justified kicking him out the door. Continue reading →

“How Not To Be A Hero” by Edward Snowden

/ Jack Marshall / 9 Comments

“If his motives are as he has represented them-–“I understand that I will be made to suffer for my actions,” but “I will be satisfied if the federation of secret law, unequal pardon and irresistible executive powers that rule the world that I love are revealed even for an instant,” he wrote in a note accompanying his first set of leaked documents—-then he acted courageously and selflessly.”

—- Ethics Alarms, June 10, 2013, referring to the conduct and statements of Edward Snowden, NSA “whistleblower.”

That's outrageous! They are collecting our phone records and our...hey, "The Fugitive!" I LOVED that show!!

That’s outrageous! They are collecting our phone records and our…hey, “The Fugitive!” I LOVED that show!!

Now we know that his motives are not as he represented them. From his statement that I quoted, I assumed that Snowden’s intent was to make himself available to U.S. authorities, and to prompt debate regarding the government’s widespread intrusions into the private communications of presumed-to-be-innocent citizens, as well as to ensure that the issue did not get drowned out, superseded and swept aside by distractions, as so many vital issues are. This was an indispensable second step, though I did not begrudge him some time to prepare for it. It would be the action of a one engaged in classic civil disobedience; it would demonstrate sincerity, public-mindedness and courage, and it would avoid his exploitation by the many around the world, and domestically, who wish the U.S. ill.

Instead, Snowden decided to run. Continue reading →