Law & Law Enforcement

Now THIS is a Euphemism…

/ Jack Marshall / 1 Comment

"Hey, where'd you get that lovely paperweight?"

While we’re on the topic of euphemisms, I want to show you one of the most intriguing.

The purpose of euphemisms, as in the case of the two in the recent Ethics Alarms Quiz, is often to avoid legal consequences. The Bush Administration didn’t want to brazenly violate the treaties it has signed banning torture, so it came up with a description of torture that made it seem like something else. President Obama doesn’t want to be accused (though he is anyway) of joining a war without Senate consent, so his Administration is calling the Libyan adventure a “kinetic military action.”

But they are both amateurs compared to the on-line marketers of brass knuckles, those  deadly metal devices one puts over one’s fingers to give an adversary the beating of his soon to be shortened life. Brass knuckles are illegal in many countries, and in most states here; their sale is also prohibited in various ways, and as weapons, they are subject to other regulations. The companies that sell them on-line, however, get around all this by calling them…

Paperweights! Continue reading →

Strange Ethics: Another Indiana Prosecutor Jumps the Rails

/ Jack Marshall / 3 Comments

"Ward, I'm worried about the Hoosier.."

There’s a wonderful Charles Addams cartoon that shows a bunch of hobos and bums lying around Greek columns under a college reunion “Welcome Alumni!” banner. One of the disheveled alums says, “I used to think it was me, but maybe this school is just no damn good.”

In light of a second Indiana prosecutor losing his job over making outrageous suggestions about how Wisconsin’s Gov. Walker should handle his labor battles, I’m beginning to wonder about Indiana’s training of its various government attorneys.

First, as discussed here, an Assistant Attorney General went on twitter and suggested that Walker use “live ammunition” on union demonstrators.

Now a deputy prosecutor in Johnson County named Carlos Lam has resigned after conduct far worse than that. At least Jeff Cox, the tweeter, was probably joking. Lam sent a serious  email to Walker suggesting that the governor—I’m not making this up—set up a fake attack on himself to attract public sympathy, writing… Continue reading →

Final Ethics Verdict on TSA’s Feel-Up Pat-down

/ Jack Marshall / 3 Comments

I was flying this week, and the security procedures were smoother than ever. Now I am certain that my molestation at check points last year was unethical, and have sufficient evidence to conclude that it was based on government incompetence and willful disregard for my comfort, dignity, and rights.  I am also wondering, more than ever, if the ardent, supposedly liberal defenders of the indefensible feel-up pat-downs have learned anything about the dangers of blind government obeisance and partisan loyalty. I hope so.

The saga so far: Continue reading →

Rating Judge Kozinski’s Lies

/ Jack Marshall / 12 Comments

The Ninth Circuit declined the opportunity to reconsider its controversial (and wrong) decision earlier this year that declared the Stolen Valor Act unconstitutional.  That means that according to the Ninth Circuit, pretending to have won a Purple Heart or a Silver Star is protected speech, and Congress’s law making it a felony to wear such a medal when you haven’t done anything to deserve it is an infringement of free speech. I discussed this issue here.

This post, however, is about some interesting dicta in this week’s decision, courtesy of the Ninth Circuit’s most colorful jurist, Judge Alex Kozinski. The Judge has flip-flopped on this question now twice—he was against the Act, then for it, then against it again.  But this time around, he graced us with some provocative thoughts about why lying isn’t always wrong.  He wrote: Continue reading →

And the Frontrunner for the 2011 “Eliot Spitzer Award for Outrageous Hypocrisy” is….

/ Jack Marshall / 4 Comments

Looks like this year's "Spitzie" is already in the bag!

Clark County (Las Vegas) Deputy District Attorney David Schubert!

From the Las Vegas Sun:

“Metro Police said chief Clark County Deputy District Attorney David Schubert was arrested in connection with drug charges Saturday night. Police spokesman Jay Rivera said Schubert was charged with possession of cocaine and booked into the Clark County Detention Center…
Police planned to release more information about Schubert’s arrest on Monday, Rivera said.

“Schubert recently prosecuted the high-profile drug cases involving Paris Hilton and pop singer Bruno Mars.”

Now THAT’s hypocrisy!

Incompetent Elected Official of the Week: Florida Legislator Kathleen Passidomo

/ Jack Marshall / 8 Comments

Yup, the Temple girl was asking for it...

While pushing for a bill mandating a dress code for schools, Florida’s GOP legislator Kathleen Passidomo decided to bolster her argument by linking it the horrendous Texas case in which an eleven-year-old girl was raped by 18 men. She said:

“There was an article about an 11-year-old girl who was gang-raped in Texas by 18 young men because she was dressed up like a 21-year-old prostitute. And her parents let her attend school like that. And I think it’s incumbent upon us to create some areas where students can be safe in school and show up in proper attire so what happened in Texas doesn’t happen to our students.”

This woman is too dim-witted to make sandwiches. much less laws.

I don’t care if the 11-year old girl’s parents dressed her  like Christina Aguilara on a particularly slutty day. I don’t care if she looked like Jon Benet Ramsey on estrogen supplements. I don’t care if she looked 15, 17, 22, 31, or 64; I don’t care if she was buck naked and singing “I’m Just a Girl Who Can’t Say No.” None of that would create any reason, excuse, motivation or justification for even one man to rape her, much less 18.

Blaming rape on how women dress is an insult to men and a denigration of the rights of women. Blaming a rape on how a little girl dresses, however, is a clear sign of dangerous warped and flawed logic, values, compassion and comprehension.

Comments of the Day: “Bully Ethics…”

/ Jack Marshall / 1 Comment

I was in New York all day, and returned to find a plethora of excellent comments on the post, “Bully Ethics: Lessons from Casey the Punisher.” Two of the finest follow, and they go well together: Michael on the dilemma facing the bullied child, and Lianne on her family’s solution.

First, Michael:

“Bullies only understand violence. If you are being bullied, how can you stop it? Continue reading →

Unethical Crime Victim of the Month: Kamofie & Co.

/ Jack Marshall / 17 Comments

Next time, Lindsay, pick a classier store to rob.

Lindsay Lohan, in addition to having stunningly bad judgment, multiple addictions, lousy parents, sycophantic friends, and an army of paid enablers, also has rotten luck. When she walked out of a jewelry store wearing a $2,500 necklace, she picked an ethically dubious enterprise, Kamofie & Co., that may have  grossly over-priced the necklace, turning the shoplifting into grand theft. But that’s just the beginning.

Lohan, who is on probation and facing jail time for the incident, was caught on a surveillance tape in January as she strolled out of the store, with the unpurchased jewelry around her neck. Some establishments, recognizing the alleged thief as someone who is famous, troubled, and in need of some kindness, would have privately contacted the actress, accepted her (probably) false excuse that the act was inadvertent, and allowed her to return the item with involving the police.

Not Kamofie, however, which apparently saw the incident as an opportunity to make itself a household word. Continue reading →

“Lethal Advocacy”: Not Ethical, and Not Protected Speech, Either

/ Jack Marshall / 14 Comments

"Go ahead! Jump! You know you want to!"

William Melchert-Dinkel, aged 48, posed as a female nurse in internet chat rooms and preyed on depressed people by talking them into killing themselves.  A misguided mission? A perverted hobby? A salesmanship challenge? Who knows. But occasionally, he was successful.

Melchert-Dinkel was charged with assisting suicides after he encouraged IT technician Mark Drybrough, of Hillfields, Minnesota, to kill himself. Drybrough, who was recovering from a nervous breakdown, received e-mails from Melchert-Dinkel, found on his computer, containing detailed advice on how Drybrough could hang himself. He used that advice to commit suicide in 2005. Melchert-Dinkel also provided encouragement and guidance to Canadian Nadia Kajouji,  18, who drowned herself by leaping into an icy river in 2008. Continue reading →

I’m Worried About “The Good Wife”

/ Jack Marshall / 10 Comments

Shape up, Alicia.

CBS’s “The Good Wife” seems to be getting more cavalier with its ethics breaches, a disappointing trend. Showing the ethical fudging that undoubtedly goes on behind the scenes at major law firms (on occasion) is appropriate; treating major violations with a shrug is not. I know it is tempting for the show to assume it has the intelligent legal TV show championship sewed up, since “the Defenders” is a joke and “Harry’s Law” is a disgrace, but it’s standards have been high, and it is dispiriting to see them flag with such missteps such as…

  • Prosecutorial misconduct casually brushed off as nothing. When Alicia asks why a videotape  is so much clearer than the one the prosecutor’s office turned over as evidence, she is told that what she received before was a copy of a copy of a copy–“just to mess with you.” Continue reading →