Law & Law Enforcement

Why I Hate Hate Crime Laws

/ Jack Marshall / 16 Comments

Just do it with love, and they'll be lenient...

I did it to myself, I confess: reminding myself of the nation’s offensive hate crime laws while writing about the McDonald’s beating, pausing in the middle of the main theme of the post to note the foolishness of investigating whether or not an unprovoked attack qualifies as a hate crime. Hate crime laws infuriate me every time I think about them, because they represent the lowest and most cynical form of cultural values-setting by lawmaking, an important governmental task that is increasingly a lost art, because today’s lawmakers care more about posturing and power than values.

Two unidentified men beat Bryan Stow, a 42-year-old paramedic, senseless in the parking lot outside Dodger Stadium on opening day. Why? He was wearing a San Francisco Giant jersey, and it was Dodger territory. Continue reading →

The MacDonald’s Beating Video, Another Dead Canary in The Ethics Mine

/ Jack Marshall / 14 Comments

Vernon Hacket: videographer, violence afficianado, shameless bystander

Last week, In the early hours of  April 18,two teenaged patrons at a Rosedale, Maryland MacDonald’s brutally beat Chrissy Lee Polis, 22, into a seizure. The attack was captured on a video recorded by Vernon Hackett, one of the MacDonald’s workers, on a cellphone camera. Other employees can be heard laughing on the video, and Hackett apparently is heard warning the attackers that the police are coming. He has been fired by the restaurant’s proprietor.  (More on this here.)

His firing was well-deserved, but it doesn’t begin to address the disturbing implications of the incident. Continue reading →

The ACLU Gives Us a Lesson in Principles

/ Jack Marshall / 18 Comments

Paul Scofield as Sir Thomas More

“What would you do? Cut a great road through the law to get after the Devil?…And when the last law was down, and the Devil turned ’round on you, where would you hide…the laws all being flat? This country is planted thick with laws, from coast to coast, Man’s laws, not God’s! And if you cut them down…do you really think you could stand upright in the winds that would blow then? Yes, I’d give the Devil benefit of law, for my own safety’s sake!”—- Sir Thomas More [Played by Paul Scofield, scripted by Robert Bolt (in a speech adapted from More’s writings) in the film of “A Man for All Seasons” (1966)]

My opinion of Rev. Terry Jones is a matter of record; to summarize, I think he is well beneath Charlie Sheen, Donald Trump, Tom DeLay, Goldman Sachs, Nancy Pelosi, Eliot Spitzer, AIG, Charlie Rangel , Mark Sanford, Barry Bonds, “Ronbo” and most of the other members in bad standing on the Ethics Alarms Bottom 100. Determined as he is to sully the First Amendment with his disgraceful and hate-soaked use of it, however, he is an American, and he has rights. A Dearborn, Michigan jury, prompted by the city, has taken away those rights by preventing him and another fool from protesting outside a local mosque. Continue reading →

If President Obama Is So Smart, Why Does He Keep Doing the Same Dumb, Unethical Thing?

/ Jack Marshall / 25 Comments

I have written before, more than once, about President Obama’s astonishingly flat learning curve regarding what is and is not appropriate subject matter for the nation’s Chief Executive to render public opinions about. Without knowing the facts, he has denigrated a local policeman’s handling of a difficult and racially charged situation; he has rendered opinions on state governance matters that are not the federal government’s proper concern; he has warped public opinion by condemning a state law while misrepresenting its provisions. He has criticized citizen critics and media figures by name, something that is almost unprecedented for a president. He has declared corporations negligent or guilty in matters that had not been fully investigated, before any lawsuits or charges had been filed.  He took sides in a purely local dispute over the location of an Islamic center near the 9/11 scene, and he even injected himself into NBA star Lebron James’ free agency, suggesting that he should consider Obama’s home town Chicago Bulls.

Flat, flat, flat. Continue reading →

The Hazing Abuse of Michael Warren

/ Jack Marshall / 24 Comments

Michael Warren should have consulted Kevin Bacon...

A fraternity hazing story—yes, amazing as it seems, there are still hazings—raises the persistent ethical issue of whether a victim is responsible for his own mistreatment if he consents to it. Even if he shares responsibility, however, his consent does nothing to reduce the ethical failings of the abusers, or those of the irresponsible authorities who presided over a sick campus culture.

Michael Warren is an African American who was the only black pledge of the Alpha Delta Omega fraternity at Hartwick College (in Oneonta, New York). His potential “brothers” locked him in a bathroom with other pledges for hours, where they were subjected to ear-splitting music and strobe lights; he was forced, he says, to dress like a pimp, a humiliating bit of racial stereotyping; and, shades of the evil Omega Theta Phi fraternity in “Animal House,” was paddled so hard that he needed medical treatment (“Thank you, sir, may I have another?”). Warren complained, and found himself a pariah on campus, making him so uncomfortable that he gave up his scholarship to transfer to Hofstra. Now he is suing Hartwick, and his lawyer is arguing that his mistreatment by the fraternity “may have ruined his life.” Continue reading →

Terry Jones’ Next Irresponsible Protest: Legal? Sure. Stupid? Yes. Ethical? Of Course Not.

/ Jack Marshall / 6 Comments

We have to permit the stupid demonstrations to protect the important ones.

The latest drama surrounding irresponsible publicity addict, Quran-burner and gonzo Islam-hater Rev. Terry Jones is his attempt to get a permit to demonstrate outside  the Islamic Center of America in Dearborn, Michigan because, well, because it’s there, I guess.  Wayne County and Dearborn officials insist that he pay security costs that they estimate at about $46,000 before he will be allowed to incite more violence and riots overseas. These are a near certainty because a lot of people in other countries can’t understand why the United States lets its citizens say and demonstrate about any fool thing they want to. Continue reading →

Unethical Quote of the Week: Sen. John Ensign

/ Jack Marshall / 4 Comments

“While I stand behind my firm belief that I have not violated any law, rule, or standard of conduct of the Senate, and I have fought to prove this publicly, I will not continue to subject my family, my constituents, or the Senate to any further rounds of investigation, depositions, drawn out proceedings, or especially public hearings.”

Sen. John Ensign (R-Nev.), announcing his resignation from the U.S. Senate about two years late. Ensign’s continuing service in the upper chamber has been a continuing embarrassment thanks to a 2009 sex scandal and sordid cover-up attempt. Interestingly, Ensign maintains that such conduct doesn’t violate any “standard of conduct” for him and his colleagues.

Sadly, perhaps he’s right.

“I didn’t violate any laws or rules” has been Ensign’s mantra since it came to light that he: Continue reading →

Ethics Dunce: Daily Kos Blogger “bal”

/ Jack Marshall / 8 Comments

Did Past Paul Ryan make Future Paul Ryan a hypocrite, or vice-versa? Is that even possible?

I sometimes comfort myself with the fantasy that the extreme left websites like The Daily Kos are written and read solely by 15-year-olds. While this adds to my anxieties about the public schools’ incompetence at teaching basic skills like logic, analysis and argument, it soothes my fears that our nation’s policies and political discourse are being dangerously warped by millions of addled adults whose passion is untempered by even a modicum of fairness and common sense. In this spirit, I am hoping that bal is a teenager, which would explain, though not justify, his absurd post on Kos. I fear he is not.

He writes, “I guess it’s only when social programs help other people that they’re bad, because I haven’t seen Paul Ryan acknowledging how Social Security benefits helped him and his family in trying times. Continue reading →

Are Conviction Bonuses For Prosecutors Ethical?

/ Jack Marshall / 10 Comments

Next, how about a bonus for confessions?

Sometimes a story starts the ethics alarms ringing so loudly that it is hard to think about anything else. It is rare, however, to have this occur when it is not entirely clear what is so unethical. An unusual bonus arrangement in Colorado is in this category.

Carol Chambers, the District Attorney for Colorado’s Eighteenth Judicial District, offers financial incentives for felony prosecutors who meet her office’s goals for convictions.  Plea bargains and mistrials don’t count in the incentive program; they have to be trial convictions.  The bonuses average $1,100, and Chambers says she gives them out to encourage prosecutors to bring her district’s rates in line with other jurisdictions in the state. No other Colorado DA gives out bonuses, or bases evaluations on conviction rates. Continue reading →

Judge Walker Was Wrong

/ Jack Marshall / 27 Comments

Now that we know about Bert, should Judge Ernie have recused himself?

Judge Vaughn Walker, the Federal District judge who a year ago ruled California’s Proposition 8, which banned same-sex marriages, unconstitutional, was wrong. No, not about the law, which is pretty clearly unconstitutional: his opinion was fair and well-reasoned, and is likely to be upheld on appeal. Walker was ethically wrong in his handling of the delicate issue of his own sexuality, which had raised a controversy about his objectivity and ability to be impartial.

Two weeks ago, following his retirement from the bench, Walker publicly disclosed for the first time that he has been in a same-sex relationship for the past ten years. This changes the analysis regarding the propriety of his ruling on Perry v. Schwarzenegger. Walker had long been rumored to be gay; supposedly “everybody” knew he was gay. My position, as well as that of many others considering the arguments of anti-gay marriage opponents that he should recuse himself, was that sexual orientation could not and should not create a presumption of bias, any more than gender, age, race or marital status. Continue reading →