Law & Law Enforcement

When the Police Lie to Convict the Guilty

/ Jack Marshall / 7 Comments

Gene Weingarten, the Washington Post columnist, wrote about his recent experience as a juror. It was a trial of a man accused of selling $10 of heroin to an undercover officer. Weingarten professed to be annoyed that such a small amount would justify an arrest and trial; he’s just wrong about that. Dealing a dangerous prohibited drug is still dealing, no matter what the amount. I know this is the kind of case that gets the legalize-drugs-so-we don’t-put-so-many-people-in-jail crowd all self-righteous, but “a smidgen of heroin dealing” still supports a destructive social problem, and law abiding citizens don’t deal even a little smack.

That’s not really the issue here, however.

Weingarten was convinced that the defendant was guilty beyond a reasonable doubt. He was also convinced that the police were lying. Continue reading →

Pennsylvania’s and Delaware’s Disgrace: Risking the Poor to Balance the Budgets

/ Jack Marshall / 1 Comment

Delaware and Pennsylvania, facing state budget deficits that would require political courage and citizen sacrifice to address, has taken the craven route of other states (with more sure to follow) by legalizing casino gambling.

In Pennsylvania, State Republicans, the majority party in the state senate, had opposed the expansion of gambling , but capitulated when faced with the reality of having to choose between cutting jobs and services or raising taxes. Instead, the Republicans joined with Democrats, those champions of the weak and powerless,  to victimize the poorest people in the state for profit. Continue reading →

Disbar John Edwards

/ Jack Marshall / 13 Comments

The last shoe dropped in the sordid John Edwards tale, with his admission that he was indeed the father of his mistress’s infant daughter, as many suspected. This comes months after he emphatically and repeatedly denied this fact to the media, in the course of admitting that he indeed did have an affair with the child’s mother, Rielle Hunter, after months of denying that. His efforts at covering up all of this ultimately incorporated his terminally ill wife, his friend and supporter Fred Baron, who paid his mistress to make herself scarce, and his aide Andrew Young, who was induced to publicly claim that he, not Edwards, was the father of baby Quinn. All of the deception initiated by Edwards took place while he was running for the Democratic presidential nomination, on a platform of moral obligation and justice. Continue reading →

Sexting Ethics

/ Jack Marshall / 2 Comments

The Third Circuit Court of Appeals, sitting in Philadelphia, is taking on the question of whether it was appropriate to prosecute teenagers under child pornography laws for sending naked or otherwise sexually provocative photographs of themselves over the internet, sending the photos to friends via cellphone. or posting them on their Facebook pages. The practice is called sexting, a sort of cyber-flashing, and it is, as my grandmother used to say, “all the rage.” Except that she was talking about the jitterbug. Continue reading →

Roshomon Ethics: Capping Jury Damages for Malpractice

/ Jack Marshall / 2 Comments

Critics of the Democratic health care reform proposals routinely raise capping  jury awards for medical negligence and malpractice as a missing ingredient that would lower health care costs by making doctors’ malpractice liability insurance premiums less costly. It’s a legitimate issue worth debating, but cap advocates typically cite jury awards of outrageous damages in cases where the doctor’s conduct was defensible, while ignoring cases like this one. Continue reading →

Ed Schultz Shows How to Be Wildly Unethical in Fifty Words Or Less

/ Jack Marshall / 7 Comments

The pattern is distressingly clear now. Fox News finds an arrogant, doctrinaire talking head on the Right, Bill O’Reilly, and soon its Left-tilted rival, MSNBC, has recruited an even more arrogant, doctrinaire talking head on that side of the spectrum, the assaultive Keith Olbermann. O’Reilly uncivilly calls those he disagrees with “pin-heads,” while Olberman calls them “the Worst Person in the World.” This motivates Fox to find a commentator on the Right who makes O’Reilly seem modest and measured, Glenn Beck. This, naturally, pushed MSNBC to look under every rock to find a liberal host who can out-Beck Beck.

The bad news: they succeeded, and found Ed Schultz, who is louder, cruder, more uncivil and less fair than any of the above-mentioned blowhards. The worse news: if you out Beck Beck, no responsible station should put you on the air. Continue reading →

What Should REALLY Matter in the Massachusetts Senate Race

/ Jack Marshall / 2 Comments

The Senate race in Massachusetts has now deteriorated to the “anything goes” stage, with both Democrats and Republicans using intellectually indefensible and unprincipled arguments to get the decisive edge in a neck-and-neck battle. Continue reading →

On Hoaxes, Avatar, and More Late Night Ethics

/ Jack Marshall / 4 Comments

Hoax Update

  • Singer, model, television personality and inexplicable celebrity Tia Tequila announced in December that she was engaged to the heiress to the Johnson and Johnson fortune, Casey Johnson. The troubled Johnson turned up dead in squalid circumstances in January, prompting a grief-stricken online statement from Tia in which she spelled her beloved’s name wrong. Shortly after this, it was revealed that the engagement was a publicity stunt by Tequila, who barely knew Johnson. Fake romances for publicity purposes are as old as the Tudors, but this sort of thing further trivializes truth for an entire generation. Continue reading →

Loss of Voting Rights is a Fair Part of a Felon’s “Debt”

/ Jack Marshall / 1 Comment

The Washington Post has an editorial today pronouncing Virginia’s law banning convicted felons who have completed their sentences from being able to vote a “disgrace.” Why is it a disgrace? Because, the Post says, they have paid their “debt to society.” That is untrue, because the state determines what that debt should be, not the Washington Post. Continue reading →

Mark McGwire’s Steroid Confession, Part 2: Neyer and the Rationalizations

/ Jack Marshall / 2 Comments

The worst thing about Mark McGwire’s belated confession is that I once again have to listen to and read the absurd, hackneyed, illogical and ethically obtuse arguments for ignoring his conduct. Like… Continue reading →