Law & Law Enforcement

The Kevin Coffay Tragedy Revisited: Not Vengeance…Survival

/ Jack Marshall / 32 Comments

Kevin Coffay took the wheel with four of his teenaged friends as passengers. All four were drunk, and by the end of the evening only Coffay and another were alive, three young people having perished when Coffay’s intoxicated driving caused the car to go airborn into a bloody crash. He was convicted by a Montgomery County (Maryland) court of involuntary manslaughter in January and sentenced to 20 years, not in small part because he had fled the scene of the accident, running and hiding in the woods as his friends bled and died in the wreck.

Today he is in court arguing, through his lawyers, that his sentence is too long. I didn’t think it was too long when I first wrote about the tragedy in January, but after reading his arguments and those of his defenders, I have come to believe that the sentence may not be long enough. Continue reading →

In Brooklyn, Another Nightmare Prosecution

/ Jack Marshall / 5 Comments

Prosecutors intentionally robbed Darrell Dula of a year out of his life. What should happen to them?

We continue Unethical Prosecutors Week with this jaw-dropping horror story from Brooklyn, New York.

In June 0f 2011, the accusations of a 22-year-old prostitute led to Damien Crooks and Jamali Brockett being arrested on charges of forcing the woman  into prostitution when she was a 13-year-old girl, and then raping, assaulting and sexually trafficking her for the next 8 years. She also accused  Jawara Brockett and Darrell Dula of raping her. They were also arrested and charged.

The day after she fingered Brockett and Dula, however, the 22-year-old prostitute confessed to detectives that she concocted the accusations against them.  “I once again asked [her] if she was raped,” a detective wrote in a police report after the interview. “She told me ‘no’…”   Then she signed a recantation.

Never mind. Even though they knew a conviction would be impossible after the alleged victim and accuser had recanted her own account, prosecutors continued to pursue the case. Continue reading →

Trayvon Martin-George Zimmerman Ethics Train Wreck Update: The Special Prosecutor Buys a Ticket!

/ Jack Marshall / 8 Comments

Don’t tell me Angela Corey is unethical too! Hey…I told you not to tell me!

Here, almost in its entirety, is noted legal ethicist Monroe Freedman’s post on the The Legal Ethics Forum, regarding Special Prosecutor Angela Corey’s outrageously unethical press conference. I was going to post on this myself, but I could not improve on Prof. Freedman, which should come as no surprise to anyone familiar with his career and contributions to legal ethics theory. His title was “Trayvon Martin, Angela Corey, and Prosecutors’ Ethics.”  When I read it, the only thing I could say was “Bingo!”  From here on, it is all Monroe:

“Special Prosecutor Angela Corey used her press conference to establish three things.

“First, her investigative team… “worked tirelessly” in a “never-ending search for the truth and a quest to always do the right thing for the right reason.”  We are “not only ministers of justice,” we are “seekers of the truth,” and we “stay true to that mission.” Continue reading →

The Criminal Justice Ethics Breakdown: Unforgivable, Incomprehensible, and Horrifying

/ Jack Marshall / 24 Comments

"Yeah, that's bad, but can you believe those gas prices?"

There is no longer any way for the defenders of the criminal justice system, or indeed American democracy and its ideals, to deny that thousands, and perhaps tens of thousands, of Americans languish in prison for crimes they did not commit. This fact is so terrible in its implications for the nation, the system, the public and the legal profession that I feel incapable of grasping it all, still, though this has been slowly dawning on me for a long time. Right now, it is all I can manage to escape denial, for the deprivation of so many innocent people of their liberty is my responsibility, as well as yours, and that of everyone else. Even in the midst of serious policy debates over so much else that is vital to our future, how can anyone argue that this isn’t the highest priority of all?

Yesterday, the Washington Post revealed that

“Justice Department officials have known for years that flawed forensic work might have led to the convictions of potentially innocent people, but prosecutors failed to notify defendants or their attorneys even in many cases they knew were troubled. Officials started reviewing the cases in the 1990s after reports that sloppy work by examiners at the FBI lab was producing unreliable forensic evidence in court trials. Instead of releasing those findings, they made them available only to the prosecutors in the affected cases, according to documents and interviews with dozens of officials. Continue reading →

Unethical Quote of the Week, Trayvon Martin Ethics Train Wreck Division: Dr. Boyce Watkins

/ Jack Marshall / 2 Comments

“Sybrina’s words have opened the door for millions of people to understand when George Zimmerman is let off the hook with either an acquittal or a plea bargain for a lesser charge.”

—Syracuse University Professor Boyce Watkins, in a blog post complaining that the comments of Sybrina Fulton, Trayvon Martin’s mother stating that she thought the shooting of her son was “an accident” were devastating to the chances of convicting George Zimmerman of second degree murder.

Unmasked at last!

I must confess, I love this quote and the post that generated it. I love it because a race-baiting scholar who later defenders cannot credibly claim didn’t write what he meant, has confirmed what I have argued in multiple posts, in the course of also validating my assessment that Fulton’s comment was itself unethical, though not for the reasons Dr. Watkins objects to it.

In the rest of his post, Watkins confirms my assessment of Fulton’s irresponsible and despicable willingness to stir up hate toward Zimmerman. Continue reading →

T-shirt Ethics and Bigotry In Lexington, Kentucky

/ Jack Marshall / 55 Comments

The offensive T-shirt design. Honest.

Hands On Originals is a T-shirt company in Lexington, Kentucky that is now under fire for refusing the business of the Gay and Lesbian Services Organization, which organizes Lexington’s annual gay pride festival every June. The organization wanted to print up some T-shirts, and the company told them to take their business somewhere else. The reason: the T-shirt company is a “Christian organization”, and the owners don’t want to assist in promoting a message that goes against their religious beliefs.

The Gay and Lesbian Services Organization filed a complaint, and now there will be an investigation to decide whether this violates Lexington’s Fairness Act, which protects people and organizations from discrimination based on sexual orientation or gender identity. Lexington’s mayor has weighed in against Hands On, and boycotts against the company and the closely related company Wildcat Wearhouse have been threatened. Meanwhile the attorney for the Alliance Defense Fund, which is representing the T-shirt company, argues that “No business owner should be forced to violate his conscience simply because someone demands it. The Constitution absolutely supports the rights of business owners to decline a request to support a message that conflicts with their deeply held convictions.”

I am not going to comment on the legal and constitutional issues, but the ethical issue is clear. Should society respect the choice of a business to refuse to provide products or services to groups, individuals or causes it opposes or objects to on moral or religious grounds? Continue reading →

Unethical Ethics: How Business and Government Encourage Unethical Thinking In Their Ethics Training

/ Jack Marshall / 2 Comments

Show us the way, O Wise and Ethical One!

Jack Abramoff, the corrupt lobbyist turned federal prisoner, then author and now ethics expert, will be giving a lecture on government and personal ethics at The University of Texas at Austin’s business school on May 2. This is not as unusual as it seems. My biggest competitors are felons and disbarred lawyers—they literally step right out of professional disgrace, and sometimes jail, into the lecture circuit. They are draws, and in a field like ethics, which is often prescribed as substitute for barbiturates, this is irresistible to professional development programmers and conference organizers. It also attracts the participants that most need real ethics training, but who seek what these fake ethics presenter usually have to offer:  real life-based advice on what you can’t get away with. This lesson has about as much to do with ethics as it does with Parcheesi, but unfortunately, that’s what is generally regarded as practical ethics.

Characters like Abramoff don’t have ethics alarms; they have survival alarms.  Business schools, politicians and the media still believe that aiming reforms at those alarms, in the form of tougher rules and enforcement, will make business and government more ethical. Think about it: the cultures will still be unethical; the people in them will be just as unethical, but because proven scofflaws and ethics corrupters like  Jack Abramoff will explain where they went wrong, all these people with dead ethics alarms, further deadened by absorbing  the wisdom of the most corrupt of a corrupt breed, will stop behaving unethically.

Good plan. Continue reading →

Trayvon Martin’s Mother Says That The Killing of Her Son Was An Accident. Well, That’s Certainly A Generous and Reasonable Thing For Her To—Wait, WHAT???

/ Jack Marshall / 38 Comments

Great. Thanks for that statement, Sybrina. Now look what you've done to my head!

You think the Trayvon Martin-George Zimmerman Ethics Train Wreck is almost done? Ha! I would love for you to be right, but the signs are not promising:

  • Yesterday, the special prosecutor ended the suspense and announced that Zimmerman would be charged, putting a sock in the collective mouths of activists who claimed that the case was already closed. That was nice, but it also allowed Al Sharpton to claim that it was the demonstrations, the threats and the public outcry that forced that outcome. This is bad in three ways:

1.) It suggests that the U.S. justice system can be manipulated by mob rule;

2.) It tells the public that any citizen might be arrested, not because law enforcement believes it has a legitimate case, but because his rights have been balanced against other political and popular factors and found to be dispensable; and

3.) He may be right. Angela Corey, who made the decision to charge Zimmerman without a grand jury, strongly denied Sharpton’s point, and we should all hope she was being truthful.

  • But she almost certainly over-charged. Again, with a second degree murder charge, she is saying that there was no self-defense and that Zimmerman shot Trayvon out of spontaneous anger, animus or other cause that does not include any excuse or legally recognized mitigating factor. Here’s hope again: I hope she has sufficient evidence to support this. Otherwise, she has set everyone up for another round of mob fury and even violence, when Zimmerman is released by the judge who must rule on the “Stand Your Ground” law’s application to Zimmerman before trial, or when a jury finds that the evidence doesn’t support the charge beyond a reasonable doubt. Unethical: if Corey took this path  intentionally to take the city and state off the hook, guaranteeing that a judge would take the heat, and everyone could attack the judiciary for following the law, since that is the current fad. Unethical: if she overcharged to give the jury the unenviable job of freeing Zimmerman, since people are used to blaming Florida juries. (See: Anthony, Casey) Requiring less suspicion is the theory, advanced by some defense lawyers, that Corey is over-charging to put leverage on Zimmerman (he will be facing life imprisonment) and squeeze him to agree to a lesser charge, like manslaughter. Prosecutors are not supposed to charge citizens with crimes they know they can’t prove in trial; it is professional misconduct. I know, Jack McCoy used to do it all the time on Law and Order. So do too many prosecutors. It’s still unethical.
  • Zimmerman promptly turned himself in, which means that his blabber-mouth lawyers were even more unethical than I thought they were, suggesting that Zimmerman was on the run and out of state when, obviously, he wasn’t. George is well rid of these two.

If this wasn’t enough to prove that the Trayvon train wreck was still rolling, Sybrina Fulton, the dead teen’s mother, weighed in with this jaw-dropper: Continue reading →

Ethics Hero: The American Bar Association

/ Jack Marshall / 2 Comments

Well, I'll be hornswoggled! INTEGRITY!

The mainstream media and left-of-center pundits managed to leave criticism of President Obama’s bizarre—for a lawyer and supposed authority on Constitutional law, and yes, for a President too—assertion that there was something “unprecedented” about the Supreme Court declaring an act of Congress unconstitutional, and something inappropriate for this to be done by “unelected” judges, to conservative sources, an increasingly common and deplorable technique that allows the Left to thereafter discredit legitimate and non-ideological observations as “partisan.” Thus it was a relief, and a credit to the organization, when the reliably liberal American Bar Association weighed in with the same critique of the President’s comments, with similar intensity. Continue reading →

Trayvon Ethics Train Wreck, Next Stop: Is George Zimmerman A Ham Sandwich?

/ Jack Marshall / 29 Comments

It now appears likely that Angela Corey, the special prosecutor appointed by Florida Governor Rick Scott, will bring the Trayvon Martin shooting matter before a grand jury this week. Under Florida law, she doesn’t have to do that: she could issue an indictment or clear shooter George Zimmerman of a crime on her own authority. It is likely, however, that a grand jury will get the job of deciding whether there is probable cause that a crime was committed, and whether Zimmerman was guilty of it.

[UPDATE: CNN just announced that there will be NO grand jury. Corey will make the decision herself. The post now applies solely to her, and her alone.]

In Florida, a grand jury consists of between 15 and 21  jurors, who have been appointed for five to six months of intermittent service. For the grand jury to indict Zimmerman, 12 jurors must decide that an indictment can be supported by the evidence. The grand jury’s final decision may take any amount of time, though seldom more than a week.

New York State chief judge Sol Wachtler famously said that if a prosecutor wants it to happen, a grand jury can be made to indict a ham sandwich. Corey will be the only official who interacts with the jury, and she is already in a nearly impossible ethical dilemma. What if, having reviewed the evidence, she sincerely believes that Zimmerman did not commit a crime? Continue reading →