Law & Law Enforcement

Next: Paramilitary “Jolly Rancher” Raids?

/ Jack Marshall / 1 Comment

“No tolerance policy” is clearly a misnomer: what it appears to mean in practice is “self-designed trap to expose the incompetence and lack of basic fairness of school personnel. According to that definition, “no tolerance” polices are working extremely well.

For example, an Orchard, Texas third-grader at Brazos Elementary was given a week’s detention for first-degree possession a Jolly Rancher. The school’s principal and superintendent said they were simply complying with a state law that limits junk food in schools. The miscreant, Leighann Adair, 10, was eating lunch  when a teacher saw the candy and confiscated it. Her punishment is that she must be separated from other students during lunch and recess for the rest of the week. Continue reading →

Being Fair to Elena Kagan

/ Jack Marshall / 5 Comments

The long knives are already out for Solicitor General Elena Kagan, now the latest Supreme Court nominee. Once, before the late Ted Kennedy shamelessly accused Robert Bork of being a racist, a sexist and a monster to boot, U.S. Presidents were accorded the respect by both parties in the Senate have confirmed whoever they chose for the High Court, unless the choice was so cynical or politically tainted as to demand defeat. No more. Now each nominee has to thoroughly debase herself or himself by denying the political philosophies that produced his or her nomination in the first place. The first casualty of the nomination process is integrity.

Is it too late to go back? Is it too late to be fair? Continue reading →

“The Ethicist” and Helping Illegal Immigrants

/ Jack Marshall / 2 Comments

Randy Cohen’s first response in this week’s installment of “The Ethicist” (in the Sunday New York Times Magazine) isn’t exactly unethical, but it isn’t exactly ethical, either, if little things like obeying laws still matter to you. The real value of Cohen’s column this time is to remind those who blithely condemn Arizona’s illegal immigration enforcement statute as “cruel,” “racist” or “un-American” the extent to which the Federal Government’s failure to control our boarders and enforce the immigration laws has corrupted and confused us all.

Stuart Gold, from Brooklyn (and I respect Stuart for making his name public) queries Randy about how he should deal with knowledge that a local supermarket is exploiting some illegal immigrants working there by not meeting the legal requirements for minimum wages and working conditions. Stuart is friendly with the workers and wants to help them, but he doesn’t want to get them fired or deported. Cohen tells him to advise them of their rights if they don’t know them, but to leave any proactive steps to them.

This is reasonable advice, but look at what we have: Continue reading →

Drug War Ethics: THIS Is Excessive Force…

/ Jack Marshall / 10 Comments

Radley Balko, a senior editor at Reason Magazine, has been following the law enforcement tactic of paramilitary raids on American homes, some of which go horrible wrong, and many of which raise questions of propriety and proportion. One of the worst of these, a February raid on a family’s home in Missouri that featured the invading authorities shooting the family dog in front of a young child, is immortalized on this frightening video. The father was charged with marijuana possession and child endangerment, presumably because he used drugs in the presence of his.

Balko, who, like everyone at Reason, is a libertarian, uses the incident to press his opposition to the illegal status of recreational drugs. “This is the blunt-end result of all the war imagery and militaristic rhetoric politicians have been spewing for the last 30 years,” he writes… Continue reading →

Twins on Trial: Just Like “The Patty Duke Show”!

/ Jack Marshall / 4 Comments

Are you old enough to remember “The Patty Duke Show”? You know, with Patty, then a young starlet fresh off her Broadway and film triumphs as Helen Keller, playing “identical cousins” Patty and Cathy (with a British accent)? If you do, you surely remember the disturbingly catchy theme song about “two pairs of matching bookends, different as night and day!” Well, here’s a story about recent “matching bookends” who caused some ethics problems. To introduce it properly, to the melody of Patty Duke’s theme: Continue reading →

The Last Word on “Taser Boy”

/ Jack Marshall / 2 Comments

Today the New York Times weighed in with an editorial on the Phillies taser incident, not surprisingly siding with the kinder, gentler majority who have argued against the position taken here, sometimes, like my passionate friends over at Popehat, in a not so kind or gentle way. “The best course there [Philadelphia], as anywhere, is smarter, more attentive security in the stands,” the Times said. “Maybe it’s also higher Plexiglas, stiffer trespassing fines, less beer. Force must always be the last resort. Tasering a showboating kid is just plain excessive.”

<sigh!>

Continue reading →

The Fan, the Taser, and Respect for the Law

/ Jack Marshall / 22 Comments

A teenaged fan ran out on the field in the middle of a Philadelphia Phillies game a couple of days ago. This happens many times, too many times, during the baseball season, and it is always followed by a merry chase, sometimes with fans laughing or cheering, featuring over-weight security staff or police trying to capture the fool, and occasionally a featuring a  surprise, like a player intervening and decking the guy. There was a surprise this time, all right: when the fan wouldn’t stop after the pursuing officer told him to, he was shot with a taser. And some fans cheered at that, too.

A tsunami of criticism is now crashing over the security officer, condemning the tasering of 17-year-old Steve Consalvi, sometimes in terms more appropriate to discussing Abu Ghraib. If I were Consalvi’s father, I would counsel him to immediately issue a statement taking full responsibility for the incident and absolving the officer. The teen’s conduct was irresponsible and illegal, and for it to result in any adverse employment action against the security officer who tasered him would only compound the offense. This is especially true because the critics of the officer are dead wrong. They are in the grip of a dangerous, illogical but increasingly popular idea in our culture that submitting to  legitimate police authority is one of those things that we can do or not do without consequences or stigma. The fan on the field is one of the mildest examples of disrespect for the law, but it is a perfectly good place to start getting our ethics unmuddled. Continue reading →

Ethics Dunce: Roman Polanski

/ Jack Marshall / 1 Comment

I know, this is akin to shooting fish in a barrel. Still, Roman Polanski’s self-righteous protest of what he sees as victimization and injustice, recently published in the French magazine La Règle du Jeu, is worth noting if only as a useful case study of how privilege and rationalizations can lead to ethical delusion.

Polanski, proclaiming, “I can now remain silent no longer!”—which I doubt will take its place next to Dreyfus’s “I am innocent!” in the annals of memorable prisoner quotes—makes it clear in his statement that he has no remorse and admits no serious wrongdoing for drugging, raping and sodomizing a 13-year old girl, the 33-year-old crime that began his legal problems. Oh, he accuses authorities of being unfeeling to the now-grown victim, who has repeatedly said she would like to see the entire issue disposed of and forgotten so she can get on with her life, conveniently forgetting that his brutality and subsequent refusal to be accountable to U.S. justice are the sole reasons she is suffering. Continue reading →

“Everybody Draw Muhammad Day” Ethics

/ Jack Marshall / 66 Comments

The “Everybody Draw Muhammad Day” mess is a wonderful example of how ethics train wrecks begin to engulf anyone who get near them. It also an example of an idea that is clever, funny, well-intentioned, and wrong. Continue reading →

“The Good Wife” Ethics Follies

/ Jack Marshall / 12 Comments

“The Good Wife,” CBS’s legal drama starring Julianna Margulies, began as an unusually nuanced show of its type that presented intriguing ethical dilemmas without crossing into David Kelley’s over-the-top Legal Theater of the Absurd. Little by little, however, the show’s willingness to ignore core legal ethics principles is becoming more pronounced. “Boom,” which aired last week, continues a trend that is ominous, considering “The Good Wife” is still in its first season. After all, the lawyers in Kelley’s “The Practice” didn’t start finding severed heads and getting charged with murder until a couple of seasons in.

If you missed “Boom,” or if you didn’t but had misplaced your A.B.A. Model Rules of Professional Conduct, here are the legal ethics howlers committed by the “Good Wife’s” attorneys: Continue reading →