Ethics Test: The Corey Pujols Sentence vs. The Derek Chauvin Sentence

I am having a hard time reconciling these two criminal trial sentences with basic ethical principles like fairness, equity, and consistency. Maybe you can help.

I suspect you never heard of the Corey Pujols manslaughter case in Florida, where a black Dunkin’ Donut manager was sentenced for killing a 73-year-old white man. There were no national headlines or special network reports after the May 4, 2021 incident at a shop in Tampa, Florida. There were no protests or angry demonstrations or riots; no organization called “Old White Guys’ Lives Matter” took up his victim’s cause.

Vonelle Cook was a  regular customer at the doughnut store, and not a welcome one: he was often cranky and abusive. On this visit he began berating staff members for the service he received at the store’s drive-through window. Asked repeatedly to leave, Cook parked and entered the shop while store manager Corey Pujols told another store employee to call the police. Cook began arguing with Pujols across the counter, and then Cook called Pujols a “nigger.”  Pujols came out from behind the counter to confront Cook.  Pujols, 27, warned the old man “not to say that again,” and true to his character and mood, Cook repeated the slur. Pujols punched him in the jaw; Vonelle Cook fell backwards onto the floor, hitting his head and sustaining fatal injuries. He died in a hospital three days later. Cook never touched or tried to strike his attacker Pujols.

Pujols was charged with manslaughter, but agreed to a plea deal in which he accepted  the lesser charge of felony battery. Under the sentence imposed this week by Judge Christine Marlewski of the Thirteenth Judicial Circuit Court, Cook’s killer will be on probation for three years after he completes two years of  house arrest, and must perform 200 hours of community service as well as attending anger management courses.

Fair? Proportional? Consistent?

Andrew Warren, the state attorney for Hillsborough County, was satisfied, saying that the result “holds the defendant accountable while considering the totality of the circumstances — the aggressive approach and despicable racial slur used by the victim, along with the defendant’s age, lack of criminal record, and lack of intent to cause the victim’s death.”

From the news accounts, it appears that that the fact that Cook was not an admirable citizen and that he will not be greatly mourned by the community was also taken into consideration. He was a registered sex offender who had served time in prison after being convicted of  crimes including child abuse, possession of child pornography and sexual activity with minors.

Now let’s consider and contrast the sentence imposed on former Minneapolis police officer Derek Chauvin—22 years and six months—and the relevant factors the two cases share and do not share.

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Integrity Test: Judge Ketanji Brown Jackson Will Be Conflicted Out Of The Harvard Affirmative Action Case If She’s Confirmed. Which Progressives Will Have The Ethics To Say So? [Corrected]

And will she?

Stipulated: Judge Jackson is a fully qualified choice to succeed Justice Breyer on the U.S. Supreme Court. Also stipulated: she should be and will be confirmed and by a large majority, unless Republicans are as petty and foolish as I think they are.

However, the soon to be Justice Jackson has an unwaivable conflict of interest in the contentious Harvard admissions case, which I would term a “scandal.” Harvard unambiguously discriminates against Asian-American applicants to inflate the numbers of lesser qualified black and Hispanic students admitted to the college. In the era of The Great Stupid, when racial discrimination is treated as “antiracism,” this SCOTUS case is a high profile and significant one, and Future Justice Jackson has a dog in the hunt, as they say. Jackson serves on Harvard’s board of overseers, one of the University’s two governing boards. The board plays “an integral role in the governance of the university.” End of controversy. She’s integrally involved with a party in the case. It is a classic conflict, and cause for recusal. Continue reading

Comment Of The Day: “The Supreme Court Reinstated The Death Sentence Of Boston Marathon Bomber Dzhokhar Tsarnaev. Good.”

Certain themes and issues are certain to recur on an ethics blog and never be resolved. Among them are abortion, “hate speech,” illegal immigration, reparations for slavery, drug legalization, gun control, war (HUH! What is is good for?], climate change and capital punishment. From the captain’s chair at Ethics Alarms, some of these seem more difficult than others. Capital punishment is not among them. [Above is the sensational and illegal photo in 1925 of the first woman ever sent to the electric chair as the switch was pulled. Ruth Snyder, a housewife from Queens, New York, took a lover and recruited him in a plot that ended with her husband’s brutal death; a reporter had a secret camera device strapped to his leg. Her story was the basis of many fictionalized versions, including the classic film noirs “Double Indemnity” and “The Postman Always Rings Twice” and the brilliant expressionist stage drama “Machinal” by Sophy Treadwell.]

The recent SCOTUS decision restoring the death penalty sentence to Boston Marathon bomber Dzhokhar Tsarnaev (where it belongs) once again raised this issue, which has been taken up hear often. In Steve-O-in-NJ’s Comment of the Day on that post, he provides fodder for debate within the debate: as he delicately puts it, “how high should the bar be set before someone fries?” Steve offers his top 20.

I’ll play: I believe non-lethal crimes that ruin lives to the magnitude that Bernie Madoff did with his Ponzi scheme ethically support a death sentence. Last week the late investing whiz’s sister and her husband were found dead in an apparent murder-suicide that was probably another consequence of his crime.

Here is Steve-O’s Comment of the  Day on “The Supreme Court Reinstated The Death Sentence Of Boston Marathon Bomber Dzhokhar Tsarnaev. Good.”

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I read the Bucklew case, where the SCOTUS decided, quite sensibly, that there is no right to a painless execution. What stuck out to me is the penultimate paragraph in Breyer’s dissent, in which he states that as we move forward there may be no constitutional way to implement the death penalty. That, I submit, is one more reason we needed to either get that sixth conservative justice on the Court or get Breyer out of there. Continue reading

Ethics Quote Of The Week: Criminal Defense Attorney Scott Greenfield

“A perpetual concern, particularly in criminal defense, is that the next generation of lawyers will lack the skills needed to do their job, to zealously represent their clients. They struggle to tolerate the language we encounter in the ordinary course of our work. They are blinded by hatred of their prosecutorial adversaries, the law enforcement witnesses, the judge who denies their pleas for “justice.” Can they mount effective arguments against their clients if they can’t tolerate hearing arguments with which they disagree?”

—Criminal defense lawyer Scott Greenfield, on his blog “Simple Justice,” reacting to the law students at UC Hastings shouting down Georgetown Law professor Illya Shapiro, who was supposed to be engaging in a civil debate with a Hastings professor.

Ethics Alarms discussed the Hastings incident here [#4]; I should have probably made a solo post of it, because as Greenfield correctly points out, it has wider implications. Later he writes,

The reaction to these students was split, with many woke law students and baby lawyers applauding their action while more experienced lawyers were appalled at what they viewed as a failure of a law school, of law students, to demonstrate the minimal capacity to engage in the manner that will be expected of them as lawyers. If tactics like this are what law students deem acceptable, will they ever be capable of being lawyers?

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The Supreme Court Reinstated The Death Sentence Of Boston Marathon Bomber Dzhokhar Tsarnaev. Good.

Good, and also legal, ethical, just, fair and necessary.

Justice Thomas wrote the majority opinion in United States v. Tsarnaev. It is, like most Thomas opinions, long, careful, thorough, and persuasive. The dissent by Justice Breyer, in contrast, is uncharacteristically weak, and the other two “liberal” justices did themselves no favors by joining it. Essentially, it is an example of exactly the judicial legislating that conservatives rightly complain about. Breyer grasps at a dubious legal straw to do indirectly what he cannot do directly: ban capital punishment, which is both legal and constitutional. His whole argument in his own nutshell:

During the sentencing phase of his murder trial, Boston Marathon bomber Dzhokhar Tsarnaev argued that he should not receive the death penalty primarily on the ground that his older brother Tamerlan took the leading role and induced Dzhokhar’s participation in the bombings. Dzhokhar argued that Tamerlan was a highly violent man, that Tamerlan radicalized him, and that Dzhokhar participated in the bombings because of Tamerlan’s violent influ-ence and leadership. In support of this argument, Dzho-khar sought to introduce evidence that Tamerlan previously committed three brutal, ideologically inspired murders in Waltham, Massachusetts. The District Court prohibited Dzhokhar from introducing this evidence. The Court of Appeals held that the District Court abused its discretion by doing so….
This Court now reverses the Court of Appeals. In my view, the Court of Appeals acted lawfully in holding that the District Court should have allowed Dzhokhar to introduce this evidence.

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Still More Ukraine Invasion Ethics Points…Now With “The Trump Connection”!

1. How many times do I have to say that Twitter makes you stupid? Here’s a U.S. Senator publicly calling for the assassination of a foreign leader:

It is fine to think this or even to say it in private, as long as you are not Donald Trump and you know whoever you talk to will immediately leak it to the media. However, Executive Order 11905signed on February 18, 1976, by President Gerald Ford, banned political assassination.This EO was reinforced by Jimmy Carter’s Executive Order 12036 in 1978. It is still the law in the United States. Graham is a lawyer, and he knows that as a lawyer, it is an ethics breach to cause a third party to do what the lawyer cannot do himself.

Moreover, if such an act were to take place, Graham’s tweet would be justification for Russia to suspect, or even conclude, that the U.S. government was responsible. A foreign power assassinating or even attempting to assassinate a nation’s leader is an act of war.

2. Where’s Bandy Lee when you need her? It is unethical for a psychiatrist to diagnose anyone with mental illness without examining the patient in person. This is why the American Psychiatric Association’s  Principles of Medical Ethics state that its members should not give a professional opinions about public figures whom they have not examined in person, and from whom they have not obtained consent to discuss their mental health in public statements. Never mind: Bandy Lee of Yale, a Professor of Psychiatry, made a brief career out of breaking the rule regarding President Trump, because hating Trump suspends all ethical obligations and values. MSNBC and CNN flocked to her; eventually, Yale fired her. Now, if it was unethical for a psychiatrist to be diagnosing a political figure as mentally ill from afar, and it is, what is it called when a non-psychiatrist goes on Fox News and claims to be convinces that something has snapped in Vladimir Putin’s head? That what Condoleeza Rice has done twice already. Her opinion on the topic of Putin’s sanity is no more authoritative than that of anyone else who hasn’t spoken to Putin face to face in years. Continue reading

The Road To Totalitarianism: California Shows, Once Again, Which Party Is Driving

Late yesterday, the State Bar of California  announced that Orange County attorney John Eastman (above), a former law school dean, law professor, and a long-time respected member of the bar, is the target of a disciplinary investigation into whether he violated laws while advising President Trump on options available to him in the wake of his election defeat in 2020. Eastman wrote two legal memos that advised Vice President Mike Pence that he could declare that the results in several states were disputed and therefore their electoral votes would go uncounted.  The State Bar’s chief trial counsel, George Cardona, announced  that Eastman has been the center of an investigation since September, saying in part,  “A number of individuals and entities have brought to the State Bar’s attention press reports, court filings, and other public documents detailing Mr. Eastman’s conduct.”

That’s odd: bar investigations of ethics complaints are supposed to be confidential, so complaints can’t be used as political weapons or to impugn lawyers’ reputations. Why is Eastman being treated this way? Oh, I’m sure there is some fine print exception somewhere, but the real reason is obvious from the LA Times story headline yesterday: Breaking News: Trump-connected lawyer John Eastman under investigation.” Eastman is “Trump-connected,” so it’s guilt by association, a Joe McCarthy specialty and a favorite tool of despots for centuries.  Beware, any lawyers out there prepared to give counsel, representation and legal assistance to He Whom Progressives Hate and Fear! There will be consequences. Continue reading

The Ethics Corruption Of The Democratic Party Is Apparently Complete

The fact that the radical feminist and pro abortion lobbies did it is no excuse. The party has allowed abortion to corrupt it. There need to be consequences.

The Women’s Health Protection Act would codify Roe v. Wade and make all abortion restrictions illegal. Every Democratic Senator except one—Joe Manchin, of course—voted for the bill yesterday in lockstep with party leaders, despite its brutal, unethical and radical objective. [In the House as well, only one Democrat thought that the lives of full term unborn human babies were worth protecting.] The bill would allow doctors to abort unborn babies at any point in a pregnancy if they determine that allowing the pregnancy to continue to birth “would pose a risk to the pregnant patient’s life or health.”

Note the woke weasel words in that proposed law. Although the title of the bill and the long introductory argument for the law mention women prominently, the proposed wording of the law itself doesn’t mention women anywhere, as an obvious sop to the trans community, which seeks to erase all gender distinctions.

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Comment Of The Day: “Ethics Quote Of The Week: Naomi Wolf”

The caravan of protesting truckers is, we hear, now on the way to Washington, D.C., after thoroughly disrupting Calgary, Canada, and perceptions of Justin Trudeau as a relatively harmless boob. He is now being seen as a harmful boob. D.C., meanwhile, has established itself as a locale where disruptive and even violent protesters are honored by a giant painted endorsement on a public street by order of the mayor when their alleged cause is sufficiently “woke,” and violent protesters from the other side of the ideological spectrum are charged with felonies and held in prison for many months.

This should be interesting, in the old Chinese saying sense.

Here is Ethics Alarms veteran Glenn Logan’s Comment of the Day on the post, “Ethics Quote Of The Week: Naomi Wolf”

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I think in the end, the best complaint available is the double-standards being applied. When protests are ostensibly in favor of a left-liberal position, they are protected speech no matter how much lawlessness is involved. That same protest involving the same level of lawlessness is considered worthy of an emergency act invocation if the protest is not favored by left-liberals.

I get your point about the trucks blocking traffic Jack, and I don’t disagree. I have always believed that interfering in lawful commerce is illegal (and tortious as well) and should be prosecuted both criminally and by civil action when it happens. The First Amendment, and whatever the Canadian equivalent is (however weakly codified) does not protect actions that interfere with lawful commerce or disturb the peace to the point of mischief. Continue reading

Ethics Quote Of The Week: Naomi Wolf

“It is alarming that our own President has not spoken out against Justin Trudeau’s militaristic power grab, or against his violence against peaceful protesters using their lawfully protected freedoms of speech and assembly. It is even more alarming that the Biden administration is seeking to extend our own state of emergency.”

Naomi Wolf, on her substack newletter, in a post called “The Fall of Canada, The Danger in the US.”

You should read it all. Wolf is troubled by the continuation of the “state of emergency” in the U.S. regarding the pandemic, which she weaves into her protest about the dangers of martial law and the risks when democratic nations start justifying dictatorial powers.

I ran across her piece as I was preparing to write a post titled, “Stop Making Me Defend Justin Trudeau.” The trucker protest may involve free speech, the right to protest and the right to assemble; I guess it is peaceful, or was until Trudeau called in the cops. However, no protest is lawful if it involves breaking laws, and using huge trucks to block highways and commuter access to where they need to go is not legal anywhere. Geraldo Rivera and Sean Hannity got into an angry tiff last week, which Hannity telling Geraldo that his criticism of the trucker protest was an affront to liberty and human rights, and Rivera responding that innocent people and businesses were being harmed by the protest, and it needed to end. For one of the first times in my life, I’m with Geraldo. Continue reading