Law & Law Enforcement

Comment of the Day: “America’s Untouchables, Continued…”

/ Jack Marshall / 3 Comments

Commenter Shelly Stow has the Comment of the Day, with some useful calculations inspired by the post “America’s Untouchables, Continued…”:

“Every time I read about the creation of “child-safe” zones, I just shake my head. According to the latest statistics from the Juvenile Justice and Delinquency Prevention Division of the DOJ about who child molesters are, for victims age 6 and below, 58.7% are family members, 39.7% family acquaintances, and 1.8% strangers (and not all of the stranger group are registered offenders; in fact, few are); for victims age 7-11: 50.5% family; 46.7% acquaintances; 2.7% strangers; and for victims age 12-17: 21.7% family; 72.9% acquaintances; 5.7% strangers–keeping in mind that only a tiny percentage of the stranger groups are registered offenders.

“Based on this, the only “zone” that would keep children out of the reach of potential molesters and therefore safe from sexual abuse is a zone that would exclude their parents, siblings, grandparents, entire extended family, baby sitters, neighbors, teachers, playmates’ parents, siblings…..everyone in their lives.”

America’s Untouchables, Continued: Persecution in Huachuca City, Arizona

/ Jack Marshall / 26 Comments

Wait! I've got a great solution! Why not a YELLOW STAR for registered sex offenders?

Huachuca City, Arizona has approved an ordinance banning registered sex offenders from all public facilities, including schools, parks, libraries, pools, gymnasiums and sports facilities. As discussed in an earlier post, the willingness of municipalities to continue to oppress and stigmatize law-abiding citizens who the justice system has deemed fit to re-enter society is ignorant, cruel, and unconscionable. And it is getting worse.

Mayor Byron Robertson is mouthing the same rationalization that others in his position have: it’s all for the children. “As a town and as a community, we have to protect our children. As a council, we have to make the right calls. Our police chief indicated that we were having a serious problem with some pedophiles that were being a nuisance and we took steps to overcome that.” The “steps” involve forcing innocent American citizens to move out of town, because “some” individuals, who are not necessarily registered sex offenders, are posing problems.This isn’t good for the children, because it isn’t good for children to grow up in a community that engages in cruel and invidious discrimination based on presumed criminal tendencies. Continue reading →

Last Meal Ethics

/ Jack Marshall / 16 Comments

Sure, the dinner was great, but the after-dinner entertainment was terrible...

The dragging-death killer of James Byrd, Lawrence Russell Brewer, went to his Texas execution last week after ordering up a true pig-out for his last meal: two chicken fried steaks smothered in gravy with sliced onions; a triple meat bacon cheeseburger with fixings on the side; a cheese omelet with ground beef, tomatoes, onions, bell peppers and jalapenos; a large bowl of fried okra with ketchup; one pound of barbecue with half a loaf of white bread; three fajitas with fixings; a Meat Lovers pizza; three root beers; one pint of Blue Bell vanilla ice cream; and a slab of peanut butter fudge with crushed peanuts. When it arrived, he didn’t eat any of it. Texas authorities were annoyed, or insulted (“I make you a delicious meal, your favorite, and this is the gratitude I get?”), or something. Brewer’s wasteful order caused the state  to re-consider the appropriateness of the tradition of the last meal accommodation for the condemned, and legislators decided to eliminate it entirely. Other states have begun to debate doing the same thing.

It’s time for the question that needs to start most ethics discussions: “What’s going on here?” Continue reading →

The Indignant Starbucks Squatter and the Compliance Mindset

/ Jack Marshall / 13 Comments

OK...NOW it's selfish to squat at tables for hours.

I owe thanks to a blogger named JJ (and to Ken at Popehat, whose post brought him to my attention) for giving me one of the best illustrations of what I call “The Compliance Mindset” I have ever seen.

I’m sure it would horrify JJ to learn this, but he is ethically aligned with all the financial wheeler-dealers and unscrupulous mortgage lenders who crashed the U.S. economy. They also thrived in the Compliance Mindset, as do corrupt politicians, deceptive advertisers, dishonest journalists, sleazy lawyers, and millions of others in our culture who make life miserable for the rest of us for their own benefit. All of these people adopt the convenient belief that something must have a formal rule or law prohibiting it before it becomes wrong. This is, in fact, the opposite of the truth: if people were completely ethical, we would need very few rules. The Compliance Mindset is really an unethical rationalization that allows people to be rude, selfish, irresponsible, unfair, or worse because their conduct is technically legal and there isn’t a rule against it yet. Usually the rule or law arrives after a lot of needless harm has been done. Continue reading →

Can a Lying Journalist Be a Trustworthy Lawyer?

/ Jack Marshall / 12 Comments

Stephen Glass: Would you trust this man?

When New Republic Editor Charles Lane fired Stephen Glass, the infamous journalist for that and other magazines who in 1998 was exposed as having fabricated many articles he had represented as true, he was quoted as saying,  “Glass is a man without honor who operated out of hostility and contempt; he has no place in journalism.”

Now the question is whether such man now has a place in the law.

A petition for review has been filed by the California Commission of Bar Examiners contesting the  State Bar Court’s finding that Glass is now morally fit to practice law. He passed the California bar exam in 2007, but the committee blocked his admission, finding that his previous record of professional dishonesty, though in another profession, showed such a deficiency of character that it disqualified him from legal practice as unfit. Then a hearing judge over-ruled the Commission, and found that Glass had reformed sufficiently to render trustworthy. The opinion was upheld 2-1 by the State Bar Court. Continue reading →

Coercive Indoctrination in the Schools: Unethical, Regardless of the Content

/ Jack Marshall / 12 Comments

A German language teacher at Western Hills High School in Fort Worth, Texas sent 14-year-old honors student Dakota Ary to the principal’s office for telling a classmate that he believes “homosexuality is wrong.”

Ary was then suspended as punishment. Homosexuality isn’t wrong,, but the school was.

Ary, who was raised in a church that believes homosexuality violates God’s laws, has a right to believe whatever he chooses to, and also has a right to express those beliefs as long as he doesn’t denigrate fellow students or incite violence or a disruption. There are words for schools punishing students for their beliefs, and among those words are “indoctrination,” “coercion,” brain-washing,” and “unethical.” Continue reading →

Ethics Quote of the Month: Clarence Darrow’s Closing Argument in the Trial of Nathan Leopold and Richard Loeb (1924)

/ Jack Marshall / 3 Comments

When capital punishment is in the news, it's time to listen to Clarence Darrow.

I know I have previously quoted portions of Clarence Darrow’s famous courtroom plea for mercy in the “thrill killing” murder trial of teenagers Nathan Leopold and Richard Loeb. It can never be read too many times, however, and is an essential backdrop to any discussion of capital punishment. Darrow, who hated the death penalty and defended over a hundred clients facing it, never lost a capital punishment case. This, however, was the only time he articulated why he believed that capital punishment was wrong. 

Nathan Leopold and Richard Loeb were charged with the murder of fourteen year-old Bobby Franks. Both defendants were brilliant students (Leopold, the youngest graduate in the history of the University of Chicago; Loeb, the youngest graduate of the University of Michigan), Jewish and the sons of wealthy and successful Chicago businessmen. Neither showed any remorse for their act, which had been coldly undertaken as a demonstration of their superior intellects. Darrow was hired by the Leopold and Loeb families to keep their sons from dying on the gallows, and he decided to plead their case directly to the judge.

His summation on August 22, 1924, remains perhaps the most persuasive and eloquent argument against capital punishment ever made in court or anywhere else. And it worked: Judge Caverly spared Leopold and Loeb, and they were sentenced to life imprisonment. This is a somewhat shortened version, edited for The Essential Words and Writings of Clarence Darrow, a 2007 paperback compiled by historian Ed Larson with some help from me. Here is one of the great orators of the 20th Century, one of the great progressive thinkers in our history, and the greatest trial lawyer who ever lived, arguing for the life of two murderers and for the soul of our civilization. I do not share Darrow’s absolute rejection of the death penalty, but I wouldn’t want to have to argue against him either. Continue reading →

Troy Davis, Lawrence Brewer and the Capital Punishment Ethics Train Wreck

/ Jack Marshall / 28 Comments

At this point, nothing about the death penalty  in the United States makes any sense, logically or ethically, and that is true for all sides of the capital punishment debate. September 20 should be designated Capital Punishment Day in memory of the contradictions, absolutist pronouncements, convenient rationalizations and everything else that occurred in the years, days and hours before Troy Davis’s execution in Georgia. Then perhaps America as a society will devote one day a year to considering rationally and unemotionally how the death penalty should fit into its criminal justice system without having the discussion warped by the peculiarities of  individual cases. As it stands now, not only is capital punishment an ethics train wreck, the policy debate about it is an ethics train wreck. Everyone who even dips his toe into either becomes irresponsible, conflicted or intellectually dishonest.

Did you know that another inmate was executed yesterday? I didn’t, until this morning. In Texas, white supremacist gang member Lawrence Russell Brewer was executed Wednesday night for the horrific 1998 dragging death slaying of James Byrd Jr., a man from East Texas who had his head pulled off by a chain attached to a truck for the offense of being black. If death penalty opponents are serious and have any integrity, they needed to show it by protesting the execution of Brewer exactly as intensely as they opposed the death of Davis, but of course they did not. Continue reading →

Comment the Day: “Exposing America’s Dungeons…”

/ Jack Marshall / 1 Comment

Maybe Tom Cruise knows how they stored the prisoners in "Minority Report"---that seemed to be a quiet and pleasent prison environment...

Dwayne N. Zechman makes trenchant observations and raises difficult questions in his comment to the post, “Exposing America’s Dungeons: The New York City Bar Report on Supermax Prisons.” The report to some extent answers Dwayne’s primary point by stating that the need for special high-security prisons to prevent violence to inmates and guards cannot justify an unconstitutional solution. If the conditions in the supermax prisons are as described in the report, there can be no doubt that it violates the prohibition against “cruel and unusual punishment.” That is an absolutist position like the prohibition against torture: ethically, arguing that “it works” or “there’s no other way” or “oh yeah? What would YOU do?” won’t and cannot prevail…unless we conclude that when we have to choose the lesser of two evils, forcing violent and otherwise uncontrollable criminals to live in dungeon-like condition is preferable to having them kill people might be the winner. Continue reading →

More S.E.C. Ethics Blindness

/ Jack Marshall / 1 Comment

What good is a blind watchdog?

Back in February, I told the tale of David Becker, former S.E.C. General Counsel, who had inherited money from his mother that was really the fruits of the Bernie Madoff investment scandal after he had served in the post while Madoff was merrily swindling people as the S.E.C. twiddled its thumbs. Becker apparently wasn’t in the information chain that should have led the S.E.C. to stop Madoff , and the scandal was uncovered after he left the agency. In 2009, after the Madoff mess had exploded, he rejoined the agency in his old job, but when it came to light that he and his brothers had inherited $2 million Madoff-manufactured profits from their mother, he quickly stepped down. My view was that Becker was a victim of circumstance: he had the appearance of impropriety, but hadn’t done anything wrong.

I should have known better: after all, this is the Securities and Exchange Commission, where they illegally shred files and the regulators look at porn all day. Now it is revealed that… Continue reading →