Law & Law Enforcement

KABOOM!! Apparently There Is No Criminal Law To Charge This Police Detective Under

/ Jack Marshall / 9 Comments

Most of the reader comments on this New York Times story are the same: “Why isn’t he in prison?”

Former NYPD detective, Louis N. Scarcella has been shown to have rigged more than a dozen investigations leading to successful prosecutions and imprisonment. Scarcella was a legendary detective in the Brooklyn North homicide squad in the 1980s and ’90s. Before he retired in 1999, he was renowned for solving murder cases when his colleagues failed. Now it is becoming apparent how. He rigged the investigations, manufactured confessions and fabricated evidence.

Defense attorneys accused him of coaching witnesses, and not just coercing false confessions but sometimes inventing them. A Times investigation discovered that confessions by defendants in different cases contained identical language. Witnesses frequently changed their accounts after Scarcella met with them. But it was not before more than a decade had passed that his methods were fully exposed, along with many false convictions.

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The Cognitive Dissonance Scale And Jobs Lost After Hamas-Israel War Outbursts On Social Media

/ Jack Marshall / 4 Comments

The scenario has been a theme this week. Someone shoots off his or her metaphorical mouth showing ignorance and probable anti-Semitic bias in a social media post designed for public consumption, and loses a job when the employer decides that it doesn’t want to lose business from those who might wonder, “Why do they hire people like that?”

It is not a First Amendment issue. It is a an irresponsible employee issue. Hollywood has been especially busy. Spyglass, the company that owns the “Scream” film franchise, fired actress Melissa Barrera from the upcoming “Scream VII” (There are going to be seven of these?) after she posted standard issue “genocide/innocent Gazans/ cruel Israel messages. “THIS IS GENOCIDE & ETHNIC CLEANSING,” she concluded.

1) No, it isn’t, and 2) You really don’t understand the Cognitive Dissonance Scale, do you?

It’s really quite simple, Melissa…

For the vast majority of Americans who pay attention and aren’t intersectional fanatics, supporting the Palestinian-Hamas “From the river to the sea” mission is at the bottom of the scale. People who want to see movies must regard the films and its stars above zero, ideally quite a bit above. If that film or its stars associate themselves with a deeply negative point of view or conduct, that connection (think of being tied to an anchor) drags the positive attitudes down, meaning fewer tickets sold, and in turn fewer profits.

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Irony: The Washington Post Telling CVS How To Handle Rampant Shoplifting

/ Jack Marshall / 11 Comments

…when it is the extreme anti-police, anti-law enforcement ideologues the Washington Post supports and slants the news to assist that are the reason shoplifting is out of control in D.C. and other cities.

The photo above that accompanies the laughable Post editorial shows the infamous CVS Pharmacy at 14th and Irving streets NW. There, in recent months, roving mobs of thieves have staged “smash and grab” mass raids resulting in the store having empty shelves and the local neighborhood having little access to needed supplies. “Shoplifters ransacked this CVS over two days early last month, and it hasn’t been restocked since,” the concerned editorial board wrote. “Weeks later, there’s still hardly anything to buy — or steal. The CVS at 14th and Irving symbolizes extreme retail theft and the harms it can engender. Distressing and inconvenient to ordinary people, threatening to businesses and livelihoods, and repellent to tourists, unchecked shoplifting can corrode a community’s spirit.”

The Post, which has never uttered a metaphorical “boo” regarding its woke, black Democratic mayor directing a huge, block letter “Black Lives Matter” message to be painted on a downtown street two years ago, is engaging in outrageous hypocrisy. “Black Lives Matter,” of course, means “Police Beware” and “Enforce the Law At Your Own Risk.” In related news, the Supreme Court today turned down Derek Chauvin’s last ditch appeal to get his unfair trial declared what it was; I’m assuming they don’t need the grief. They have to work in D.C. after all.

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More Capitol Riot Roshomon…

/ Jack Marshall / 5 Comments

Three videos from January 6…

What’s going on here? It’s pretty obvious, isn’t it?

The three videos are conclusive proof that there was no “insurrection” in the Capitol on January 6, 2021. You remember reading all of those French Revolution history accounts about how some of the peasants attacking the Bastille just peacefully wandered around the place, not bothering anyone, as the guards stood by, don’t you? You don’t? That’s because it didn’t happen. In an insurrection, everyone is attacking from the beginning. The January 6 incident was an ugly riot that grew spontaneously out of a demonstration.

This is why Liz Cheney’s video and the other cherry-picked videos showing the worst of the rioting are deceitful, like the entire corrupt hearings her committee inflicted on a gullible public. Republican cherry-picked videos showing peaceful demonstrators do not disprove the existence of the riot, but they do make the repeated mantra that this was an “insurrection” look like the partisan misinformation it was and continues to be.

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The Rest Of The Story: The Mother Of That Six-Year-Old Who Shot His Teacher Is In Prison. GOOD!

/ Jack Marshall / 5 Comments

But some conservative pundits have a problem with that.

Ethics Alarms covered the revolting tale of the Newport News, Virginia second-grader who shot his teacher in a January post. The position here is and has always been that when children get their hands on guns and shoot anyone, including themselves, parents who own the guns should be held strictly responsible, and should go to jail. Amusingly, some commenters here thought I was jumping to conclusions assuming that parents were at fault in the Newport News case. “What happened to waiting for facts before making a judgement?” caviled one. MIA Ethics Alarms gadfly P.M. Lawrence (where have you been, P.M.?) offered several unlikely scenarios that didn’t involve parental misconduct. I was confident that Occam’s Razor applied, and that this was res ipsa loquitor: if a second grader shoots his teacher, the parents of that second grader are almost certainly at fault.

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Ethics Quiz: This…

/ Jack Marshall / 7 Comments

This resurfaced video of the Senate Majority Leader gleefully tripping the light fantastic with the New York Democratic Attorney General, one of the party’s several prosecutors engaged in an effort to use the criminal justice system to hamstring Donald Trump before the 2024 election, raises several ethics questions, but I’ll focus on just one.

Your Ethics Alarms Ethics Quiz of the Day is…

Is participating in this public spectacle ethical conduct for a prosecutor?

Before I comment, let me just say…Ick.

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Breaking! The Supreme Court Finally Issues Its Own Code of Judicial Ethics

/ Jack Marshall / 8 Comments

This is a rarity: genuine breaking ethics news. The U.S. Supreme Court just released a SCOTUS code of conduct, signed by all nine justices. I have already read that the code “largely follows an existing code for other federal judges.” That code is here. I disagree. The new SCOTUS Code is significantly more detailed, with special emphasis on family conflicts (no doubt prompted by the criticism of Justice Thomas’s wife, a conservative activist.)  I find it fascinating, after decades of arguing that the general precepts of judicial ethics were to be presumed in the very core of our nation’s most powerful judges, when they finally codified their ethics, it yielded the most specific and extensive judicial ethics requirements in existence.

I want to flag two important features. First, the word used in all of the five Canons is “should,” not “shall.”  That makes these best practice guidelines, but not absolute requirements. Second, the code does not include any mechanism for enforcement, discipline, or public oversight. Presumably the Court is still  entirely self-policing.

Here is what was released today; I apologize for the funky formatting. WordPress made a lot of strange changes when I copied and pasted, and I had the patience to fix only the worst of them… Continue reading →

Today’s Unethical NYT Headline: “Democrats, No Longer Squeamish on Abortion, Lean Into Searing Personal Ads”

/ Jack Marshall / 14 Comments

What an infuriating, despicable headline, though the story is equally bad. If abortion supporters—yes, it’s the Democratic Party exploiting the issue—weren’t “squeamish” about what they so indignantly and self-righteously support they wouldn’t have spent the past 70 years trying to figure out ways to avoid directly admitting what they are advocating. “Baby? What baby?”

The argument for abortion, that is, terminating a developing unique human life distinct from that of its mother before it can grow to be born and go on to experience life, liberty and the pursuit of happiness, has been, and still is, deliberately clouded by misleadng rhetoric about “choice” and “reproductive care,” the current dodge. Wait, how is that other human life in the equation assisted with his or her “reproduction”? Is it “care” to have that life’s own chances of reproducing taken away from it?

And what choice does the victim of an abortion have?

If Democrats weren’t “squeamish” about having to deal with those questions, they wouldn’t be trying (and, tragically, thanks to the abysmal level of attention, critical thought and ethical competence of the average American, largely succeeding) to avoid them.

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Comment Of The Day: Regarding The Ohio Right To Abortion Amendment [Corrected]

/ Jack Marshall / 9 Comments

In HBO’s “Six Feet Under,” a character in the midst of trying to persuade his fiance to abort their unplanned pregnancy is visited in a nightmare by his three previous aborted offspring at the age they would have been if they had been permitted to live…

I have another abortion-related post gnawing on the inside of my skull, but just as I was about to get the thing down in print, I remembered Ryan Harkin’s deft comment from two days ago, responding to Here’s Johnny’s argument that “given that we concede to government the right, in limited circumstances, to end innocent human life when a greater good is perceived (by some), why cannot we cede that right to women, in limited circumstances when a greater good is perceived?“ I had been prepared to point out that Kant (as usual, dismissing special circumstances) holds that it is never ethically acceptable to sacrifice a life “for the greater good,” and that the aborted human life would certainly have a different perspective on that conclusion. Ryan Harkins, however, had more and better to say, and did, in this Comment of the Day on “Regarding the Ohio Right to Abortion Amendment”:

[Notice of Correction: For some reason, I attributed this COTD to Null Pointer, who promptly alerted me to the mistake. My apologies to Ryan.]

***

In general, the answer to this is that government and individuals have different roles. Government exists to set the boundaries, enforce the boundaries, and exact penalties for the failure to comply with those boundaries regarding interpersonal interaction. Individuals cede that responsibility to the government so that there is an agreed upon entity to handle those interpersonal disputes, for otherwise everything becomes vigilante justice. Whoever is stronger wins.

The view of government we have is that because the strong and the powerful can impinge on the rights of weaker individuals, government intervenes to protect the rights of the weak. I know there are other forms of government out there, ones that favor the strong and crush the weak, or favor the clan at the expense of outsiders, and so on. But here we formed a government of the people, by the people, for the people, with the thought that all men are created equal and are endowed by their creator with certain unalienable rights, which include life, liberty, and the pursuit of happiness. We profess that the government exists to ensure that the enumerated rights of the weak are protected against the strong. To turn and delegate the decision making to the individual returns the power to the strong to crush the weak as they see fit. It is anathema to what our nation stands for.

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Technology Ethics Fail: Self-Checkout

/ Jack Marshall / 23 Comments

I am happy to say that I foresaw this mess the first time I encountered these things, in a local Home Depot, if I recall correctly. even if they worked reliably and were user friendly—and they don’t and aren’t—it was obvious from the very dawn of the era that they would allow retailers to reduce staff while making the shopping experience less pleasant for consumers. And so it has. But it wasn’t sold that way, and, as usual, much of the public was ovine in its acceptance. Sure, long checkout lines would be a thing of the past! Now you wouldn’t have to deal with the underlings who man the registers. Store employees would be free and able to answer inquiries! Wunderbar!

Right. You still have to wait in line. The checkout kiosks are persnickety if you, for example, fail to set a purchase down in the right spot. Scanning items doesn’t always work, and its easy to scanned an item more than once. Problems and glitches arise so frequently that counter staff are constantly called on to deal with them, meaning that customers who wisely eschewed the delightful self-checkout adventure are stranded in line. Heaven forfend that you try to self-checkout a product with some kind of purchase restriction. Meanwhile, a lot of self-checkout machines break down, and because it’s expensive to fix them, often sit useless for a while, causing more back-ups.

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