Race

Directed Verdict Ethics In The The Movies: “Tom Horn” And “To Kill A Mockingbird”

/ Jack Marshall / 4 Comments

Once again, as I watched the film version of “To Kill A Mockingbird” for the 50th time, I was bothered by the fact that Atticus never asked for a directed verdict, and the kindly, seemingly fair-minded judge never declared one.

A directed verdict is also known as a judgment as a matter of law or JMOL. It means that one side or the other has failed to meet a minimum burden of proof, and is usually declared by a judge  after is a motion made by a party, during trial, claiming the opposing party has presented insufficient evidence to reasonably support its case.  A directed verdict  is similar to judgment on the pleadings and summary judgment. Judgment on the pleadings is  made after pleadings and before discovery; summary judgment occurs after discovery but before trial.

A directed verdict occurs during the trial, and a judge can also render one spontaneously, without a motion. The motion can even  be made after a verdict is returned by a jury, where such a motion is technically for a “renewed” directed verdict, but commonly referred to as judgment notwithstanding the verdict.  In a civil trial, a party must have moved for a directed verdict before the jury reports out its decision. In a criminal trial, as in the fictional Tom Robinson case, there is no such requirement. The court may set aside a guilty verdict and enter an acquittal in the interests of justice.  A criminal defendant is not required to move for a judgment of acquittal before the court submits the case to the jury for the verdict to be overturned. A verdict of not guilty can never be overturned.

In “To Kill A Mockingbird,” black defendant Tom Robinson is convicted of rape despite the primary prosecution witness, the alleged victim, contradicting her own testimony at several points, and despite strong evidence that the beating she claimed was part of the sexual assault was shown to be delivered by a right-handed man—like her spectacularly vicious and creepy father—when the defendant couldn’t use his right hand at all. Atticus Finch never moves for a directed verdict, and the judge never declares one, though he presides over the fiasco of a trial with a disgusted look throughout. Continue reading →

Ethics Observations On Justin Trudeau’s “Brownface” Scandal

/ Jack Marshall / 43 Comments

Other than “Hahahahahahahahahahahahahaha!” that is.

News item: “Justin Trudeau, Canada’s prime minister, wore brownface makeup to a party at the private school where he was teaching in the spring of 2001. TIME has obtained a photograph of the incident. The photograph has not been previously reported. The picture was taken at an “Arabian Nights”-themed gala. It shows Trudeau, then the 29-year-old son of the late former Prime Minister Pierre Trudeau, wearing a turban and robes with his face, neck and hands completely darkened. The photograph appears in the 2000-2001 yearbook of West Point Grey Academy, a private day school where Trudeau was a teacher.”

Also: “The re-election campaign of Prime Minister Justin Trudeau of Canada was thrown into turmoil on Wednesday when a photograph surfaced of him wearing brownface makeup at a 2001 private school party….Speaking with reporters aboard his campaign plane, Mr. Trudeau, who has long championed the rights of racial minorities in Canada, confirmed that he was in the photo and that he was dressed as Aladdin.

“This is something I shouldn’t have done many years ago,” Mr. Trudeau said. “It was something that I didn’t think was racist at the time, but now I recognize it was something racist to do, and I am deeply sorry.”

Observations:

1. Wearing make-up to create an image along with a costume is not “racist.” Either Trudeau is just pandering  and grovelling to political correctness, or he’s not every bright. I’ve written about this before, most notably here (the post that got Ethics Alarms banned from Facebook). How is that make-up a negative commentary on the inferiority or inequality of a race? Not being sensitive to the hair-trigger offense reflexes of minorities and activists looking for a “gotcha!’ is not racist. It is not being sensitive to hair-trigger offense reflexes by minorities and activists looking for a “gotcha!” Continue reading →

Comment Of The Day: “Saturday Ethics Warm-Up, 9/7/2019: Trump’s Obsession, Joe’s Hands, And University Ethics Stumbles” [Item #3]

/ Jack Marshall / 5 Comments

To refresh memories, #3 in this ethics warm-up of a week ago involved this email, sent to the University of Wisconsin campus yesterday by administrators.

To our campus community, Friday morning, what was intended as a protest to inspire action on environmental climate change had a very different and negative impact on many who witnessed it. Two students displayed nooses tied around their necks outside the Humanities Building.

The students involved have since apologized for their actions and committed to rectifying the impact they caused. We commend the university staff and members of our campus community who immediately intervened with the protesters and helped them understand the impact they were having. The protesters then removed the nooses.

The fact remains that members of our community were harmed. While the First Amendment guarantees the right to free expression, our community best succeeds when we express our views and promote a campus climate that is welcoming and safe to everyone.

We hope this experience can serve as a learning opportunity. Regardless of whether the display of a hateful symbol is based on a lack of cultural understanding or an expressed intent to promote fear, the lingering legacies of what these symbols represent create visceral and painful reactions among many. That harm is especially acute for people of color, for whom this history is very real.

Let’s be clear: ignorance is not an excuse. We can and must do better. For those of us who are members of majority communities, our campus offers many resources through Student Affairs and the Division of Diversity, Equity and Educational Achievement to learn about racism and injustice and about how to be strong allies.

And for those who are impacted by incidents like this, we want you to know that we support you and have resources to help….

I wrote, “The school would not make a similar statement if American flags were burned  or an effigy of President Trump were set on fire, and those gestures are no less offensive to many than the symbolic use of a noose. Nor was anyone “harmed” by the student protesters. Opinions, symbols and gestures do not harm healthy, normal people. Forcing the students to apologize was wrong and a direct affront to their right of expression.”

Mrs. Q then picked up the baton. Here is her Comment of the Day on that issue: Continue reading →

Regarding Felicity Huffman’s Slap-On-The-Wrist

/ Jack Marshall / 21 Comments

Before actress Felicity Huffman was sentenced for her participation in the rigged college admissions scandal, also known as “Varsity Blues”, the leftist website Salon had already pronounced her treatment by the justice system as racist. It said in part,

Back in 2011 Tanya McDowell was homeless and living in her van. She wanted her five-year-old son to receive a quality education, so she enrolled him in Brookside Elementary of the Norwalk School District. He was later kicked out due to a residency issue, so he transferred to Bridgeport schools.

Police investigated McDowell and charged her with fraud. A year later she pleaded guilty to first-degree larceny and conspiracy to commit first-degree larceny; for these offenses, she received a five-year sentence. Before McDowell started serving it out, she was charged with selling narcotics to an undercover police officer, an offense that killed her community support. McDowell was ultimately given 12 years, to be suspended after she served five, and followed by five years of probation; the narcotic sentence to run concurrently with a five-year sentence she had already received in the Norwalk school case. All of this story, from the over-policing of this mother to the severity of her sentence, along with everything she did, was obviously driven by poverty, which remains synonymous with “guilty” in our lopsided system of so-called justice.

On the other hand, you have a person like Felicity Huffman, who enjoys the many privileges that come with being a rich “Desperate Housewives” star…and having the resources to expose her daughter to educational advantages that McDowell may not have even been able to dream of: tutoring, unlimited books, technology, a safe learning environment, and even an SAT specialist who helps struggling kids obtain high scores. …[T]he actress was arrested in March on mail fraud and conspiracy charges as an outcome of the FBI’s Operation Varsity Blues investigation, and pleaded guilty to mail fraud, after paying $15,000 to allegedly rig her daughter’s SAT scores. Huffman is scheduled to be sentenced in Boston on Friday — for one month in prison, if the federal prosecutors’ recommendation is followed. Huffman’s attorneys have instead asked for a year’s probation, plus community service and a $20,000 fine.

Let’s begin with the fact that this is unethical and dishonest advocacy. Searching for an admittedly terrible prosecution from eight years ago  to contrast with Huffman’s case is contrived racism. The fact that the mother was later legitimately charged with selling narcotics renders the comparison a stretch at best.  In the absence of sufficient numbers of cases across the country to make a valid generalization, Salon’s assumptions are just cheap muckraking.

Stipulated: charging McDowell with larceny for trying to sneak her child into a better school district was a cruel and unethical prosecution; charging her with fraud and seeking a significant punishment was not. The idea was to discourage similar deceptions, no matter how well-intentioned they were.  That is a valid law enforcement objective, and an important one.

What Huffman’s attorneys proposed as appropriate punishment was irrelevant to Salon’s thesis. Their job is to get the actress as light a sentence as possible, and if possible, no sentence at all. We are not told what McDowell’s attorney’s argued on her behalf, because it is also irrelevant, but, I suspect, it was omitted because their recommendations were not that different from those of Huffman’s case. Continue reading →

Sunday Ethics Warm-Up, 9/15/2019: Opinions, Ethical And Not

/ Jack Marshall / 5 Comments

It’s a glorious day here in Northern Virginia!

Makes me feel like things are looking up, even though they probably aren’t.

1. I refer you to the most recent post about “the resistance’s” arsenal of big lies. specifically Big Lie #5, “Everything is terrible.” In the Times’ Sunday Review section, usually a resistance nest to one degree or another, though less so in recent months, Trump Deranged Times columnist Michelle Goldberg offers a long essay beginning with the assumption that current day America is a dystopian society. How does she justify this ridiculous assertion? Referencing the science fiction novel “The Handmaid’s Tale,” in which women in the U.S. “are stripped of their identities and consigned to reproductive slavery for the elite.” Goldberg writes,

“It’s hardly surprising that in 2016 the book resonated with people — particularly women — stunned that a brazen misogynist, given to fascist rhetoric and backed by religious fundamentalists, was taking power despite the wishes of the majority of the population.”

I especially like the “despite the wishes of the majority of the population” part, but the whole statement is dishonest  agitprop. Nobody “took power;” an election took place under Constitutional constraints. Goldberg cannot possibly gauge the “wishes” of the majority, since, as usual, the majority didn’t feel sufficiently concerned about the Presidential election’s outcome to bother to vote, meaning they didn’t “wish” for either candidate to win with enough seriousness or commitment to be  part  of any persuasive analysis. Meanwhile, the President was elected according to the system the United States has operated under since its inception. And describing Trump, who is about as religious as most recent Presidents, which is to say, not at all, was “backed by religious fundamentalists” is as accurate as saying that Barack Obama was backed by anti-white racists.

Read the whole stupid thing. It is irresponsible for a legitimate newspaper to publish such crap, but no more so than for one to employ a biased disinformation specialist like Goldberg as a regular contributor.

2. Once again, Andrew Sullivan finds his way toward calling out unethical journalism. In a recent essay for New York Magazine, the occasionally conservative, gay, religious, emotional but determined truth-teller—as he sees it, anyway—declares  the New York Times a publication that has abandoned journalism for activism.

Two quick reactions: a) Ya think, Sherlock? and b) THIS was your first clue?

He concludes strongly, though, writing, “To present a truth as the truth is in fact a deception. And it is hard to to trust a paper engaged in trying to deceive its readers in order for its radical reporters and weak editors to transform the world.”

Hard? The right word is “irresponsible.”

Related: This excellent essay by Peter Wood expounds further on the duplicity of the Times’ much heralded “1619 Project.” Continue reading →

Morning Ethics Warm-Up: 9/12/2019: It’s The Ethics Derby, With The Obamas In The Lead, Ms. Monopoly Close Behind, Apple Coming Up On the Rail, And The News Media And The Democratic Party Bringing Up The Rear!

/ Jack Marshall / 19 Comments

Post time!

I’m stunned at how little publicity and outrage has been generated by the just-revealed Triple Crown scandal. I’m hoping it’s because thoroughbred horse racing is such a marginal sport today that nobody cares about it—quite a fall for “the sport of kings,” which was once among the three most popular sports in the U.S. I fear it is because the public has become so cynical about sports generally that ethical breaches don’t surprise of bother them much.

1. Speaking of ethics insanity in sports: A female teen  champion swimmer for Anchorage’s Dimond High School easily won the 100-yard freestyle during last week’s night’s meet against a rival school. Then she learned that she had been disqualified, because her swimsuit was exposing too much of her buttocks, according to an official. The swimmer was wearing the exact same suit as her team mates and her competition; the problem was, apparently, her body, which was “curvier” than the typical female swimmer, perhaps because she was a mixed-race competitor in a sport that is almost exclusively white.

Another official who was working during the meet, told the Anchorage Daily News that one of the female  refs complained that the bottom of the girl’s suit “was so far up I could see butt cheek touching butt cheek.’’

The Horror.

From the Washington Post: “Anchorage School District officials  have announced that they  reviewed the incident and concluded that the teenager “was targeted based solely on how a standard, school-issued uniform happened to fit the shape of her body,” and that the referee’s decision was ‘heavy-handed and unnecessary.’ The district is appealing to the Alaska School Activities Association, asking to reverse the swimmer’s disqualification, return all points to her team, and revoke certification for the referee who made the call. The district is also seeking to suspend and eventually revise the guidelines in place for appropriate swimsuit coverage, which officials said were ambiguous and left room for biased interpretation.”

They should also ask that rudimentary ethics alarms be required of all swimming judges.

2. There is hope! Two recent polls—stipulated: any poll is likely to be misleading and worthless–suggest that Ethics Alarms hasn’t been entirely futile in its—to some—excessive coverage of what I believe to be the two most important ethics stories on our times: the Democratic Party’s rejection of its duty to uphold American institutions and respect elections, and the corruption of American journalism. Oh, I have no illusions that this oft-censored little blog has contributed much to enlightening the public, but I’m satisfied that it contributes in a small way to the zeitgeist, which is vital if the nation is going to survive the assault on its values.

The first study comes from the PR agency, Bospar, in collaboration with Propeller Insights. Its survey of 1,010 American adults found that more than 95% are troubled by the current state of the news media, with 53% citing “reports on fake news,” 49% citing “reporting gossip,” and 48% citing “lying spokespeople,” as concerns. 67% believe ethics in journalism will be worse during the 2020 presidential campaign–I’d say that’s a safe bet. I’m amazed that anyone wouldn’t expect this.

Oddly, almost all of my Facebook friends reside in that less than 5% who feel the news media is as pure as the driven snow, and anyone who impugn its objectivity is a Nazi, racist, moronic Trump supporter.

The second comes from the more reliable Pew Foundation. Pew data from last year showed that most Americans had a favorable opinion of the Democratic party, and a negative view of the GOP. 53 % of respondents last September said that they viewed the Democratic party favorably, compared to 42% who said they viewed it unfavorably. In the same survey, 43% had a favorable view of the Republican Party compared to 52% who had an unfavorable view. This September’s Pew survey shows that most Americans view both the Democratic and Republican parties with disfavor, and in exactly equal proportions: 45 % positive,  52%  negative.

Good. The Democratic Party has been behaving crazy and irresponsibly for more than three years, a I’ve tried to document; they deserve this result. Continue reading →

Noon Ethics Warm-Up, 9/10/2019: Fat-Shaming, Race-Baiting, And Terrorist-Tarring [UPDATED]

/ Jack Marshall / 34 Comments

ARRGH!! Half-way through the day, and not out of my pajamas yet!

1. Here’s the kind of comment that won’t get an aspiring  new commenter approved…From Erik Guettler: “It’s sad that you think you actually know anything about ethical behavior by criticizing Bill Maher, while Donald Trump’s the most unethical, openly racist and corrupt president Americans have ever had.”

The comment fails on many levels. To begin with, it’s stupid (there is a stupidity justification among the Ethics Alarms banning tenets.) Criticizing Maher for his frequent absence of functioning ethics alarms cannot make me think I know anything about ethical behavior. The opposite is true: it is because I am an ethicist that I criticize Maher, though it hardly requires an expert to recognize his unethical conduct.A relatively well-raised 17-year-old could do it.

Second, the comment breaches basic ethical analysis principles, not to mention common sense: President Trump’s conduct is irrelevant to how unethical Maher is, as is my criticism, or not, of the President. Third, his list of Trump failings is—oooh! Let me finally use this!—NPC junk. Neither he nor anyone can find me any “openly racist” conduct or statements on the President’s part, for this is one of the Big Lies (#4, to be exact.) I have gone through this dance with many Trump Deranged Facebook friends. Challenged to back up the “openly racist” lie, they babble about how he challenged Obama’s birth certificate, and go downhill from there. The statement that he is the “most unethical” President, personally or professionally,  is proof of historical ignorance and bias. Unethical he is, but whether Trump’s lack of ethics is more or less substantive than that of Andrew Jackson, James K. Polk, Woodrow Wilson, Franklin Roosevelt, Jack Kennedy, Lyndon Johnson, Richard Nixon or Bill Clinton is a matter of legitimate disagreement. The “corrupt” accusation is also non-substantive, unproven, and based on supposition and bias rather than evidence.

But never mind all that: the claim that Ethics Alarms has somehow ignored Donald Trump’s ethics deficits is so easily disproved that the insulting comment is an example of reckless disregard for the truth.

Bite me, Erik.

And don’t come back.

2. While we’re on the topic of Mr. Maher’s ethics…Here is the professional asshole in his most recent HBO episode:
Continue reading →

Saturday Ethics Warm-Up, 9/7/2019: Trump’s Obsession, Joe’s Hands, And University Ethics Stumbles

/ Jack Marshall / 20 Comments

Good morning!

September has always been my favorite month at the beach….not that I’m at one. But I can dream…

1. Dumbest Ethics Train Wreck of the Year. Incredibly, people are still arguing over whether the President “lied” about Alabama being at risk from Hurricane Dorian, and the news media is still writing about it as if it mattered. I wish I had the time to make a list of all the real news stories with actual impact on the nation that the mainstream news media has buried or ignored in recent years to contrast with this nonsense. Of course, the President is also at fault, since he is incapable of letting stuff like this go, as, say, a well-adjusted adult and responsible leader would. The latest (from the AP);

…The National Oceanic and Atmospheric Administration issued a statement from an unidentified spokesman stating that information provided by NOAA and the National Hurricane Center to the president had demonstrated that “tropical-storm-force winds from Hurricane Dorian could impact Alabama.” The advisories were dated from last Wednesday, Aug. 28, through Monday, the statement read.

Friday’s statement also said the Birmingham NWS tweet Sunday morning “spoke in absolute terms that were inconsistent with probabilities from the best forecast products available at the time.”

The statement from NOAA contrasts with comments the agency’s spokesman, Chris Vaccaro, made Sunday. “The current forecast path of Dorian does not include Alabama,” Vaccaro said at the time.

Friday’s NOAA statement, released just before 5 p.m., points to a few graphics issued by the National Hurricane Center to support Trump’s claims. The maps show percentage possibility of tropical storm force winds in the United States. Parts of Alabama were covered, usually with 5% to 10% chances, between Aug. 27 and Sept. 3. Maps on Aug. 30 grew to cover far more of Alabama, but for only 12 hours, and the highest percentage hit 20% to 30% before quickly shrinking back down.

Alabama was not mentioned in any of the 75 forecast advisories the hurricane center sent out between Aug. 27 and Sept. 2. From Aug 28 to Aug. 31, a handful of locations in Alabama were mentioned in charts that listed percentage chance of tropical storm force winds or hurricane winds, maxing out at about 7 percent chance for Whiting Field to get tropical storm force winds.

Former National Hurricane Center Director Bill Read blasted NOAA leadership Friday night on his Facebook page calling the situation “so disappointing” and saying he would comment because NOAA employees were ordered to be quiet.

“Either NOAA Leadership truly agrees with what they posted or they were ordered to do it. If it is the former, the statement shows a lack of understanding of how to use probabilistic forecasts in conjunction with other forecast information. Embarrassing. If it is the latter, the statement shows a lack of courage on their part by not supporting the people in the field who are actually doing the work. Heartbreaking,” Read wrote.

Takeaways: This is only news because 1) so many people will grab on to anything if it will allow them to denigrate the President and 2) the President acts the way he does.

2. Least shocking ethics story of the week: Campaigning in Cedar Rapids, Joe Biden grabbed pre-school teacher Jessica Roman’s  hands and held them while he double-talked around her  question about his plans to help unionized teachers deal with Iowa’s collective bargaining laws. She later told the news media that his physical contact was “unwelcome”: Continue reading →

From The Ethics Alarms Archives: “Portrait Of An Ethics Train Wreck: The Race-Baiting ESPN Commentator”

/ Jack Marshall / 2 Comments

Checking what I had written previously about the despicable race-baiting journalist Jemele Hill (who has authored a piece for the Atlantic advocating a return to segregation in college), I re-read the post I had written two years ago as Hill when paving her road out of ESPN. As is often the case, I had completely forgotten what I wrote, and getting re-acquainted with it, I not only approved of the analysis but saw its application as relevant to other situations we have seen since and will continue to see.

Let me add that the fact that angry, divisive, unethical journalists like Hill have a place in legitimate (or what once were legitimate) news and commentary outlets is proof of ethics rot in the industry. She is no better nor different from ugly hacks like Alex Jones on the right, yet maintains visibility and a platform for her cultural poison for three reasons: she is a progressive, she is black, and she is female. None of these are valid reasons to inflict her personal vendettas and hateful rhetoric on America. Jones has been largely banned from social media, but Hill’s bile still flows undammed.

The post also is depressing proof of how relentless and irrational “the resistance” has been The line in the two-year-old essay—“Too many of Hill’s likely peer groups and those around her have, since last November 8, engaged in nearly continuous disrespect of the President’s person, his office, and the process that elected him. This continues to be divisive, destructive, and dangerous for the nation. It is wrong.”—has a familiar ring, for I have written almost the same sentence too many tomes to count since. I will probably write it again next week.

Here, lightly edited, is the September 14, 2017 post titled, “Portrait Of An Ethics Train Wreck:The Race-Baiting ESPN Commentator”:

The recent still-rolling ethics train wreck launched by ESPN “SportsCenter” co-host Jemele Hill is a perfect example of how such cultural fiascos occur.

Stage I:  The Instigator

Hill, a young African American woman, went on a Twitter rant against President Trump  this week.

“Trump is the most ignorant, offensive president of my lifetime,” Hill tweeted. “His rise is a direct result of white supremacy. Period. He is unqualified and unfit to be president. He is not a leader. And if he were not white, he never would have been elected.”

Factors, Stage I

A. An ethics alarms doesn’t  ring.

Why in the world would Hill think that the face of a national broadcast network could publicly call the President of the United States a white supremacist without causing a problem for her employer? The key ethics values being breached  are trust and responsibility. She has a responsibility to ESPN, which should be able to trust her not to harm it or upset viewers.

B. An instigator has an inflated view of his or her own importance, indispensability, wisdom, expertise or authority.

We are living in an age where narcissism is epidemic, but even so, a sports anchor has to be able to comprehend that once he or she is outside the realm of sports, her opinion on the President or anyone else cannot possibly have a positive effect on public discourse unless it is carefully thought out, crafted,, and expressed.

The key ethics values being breached are competence and  humility.

C. Social media. Continue reading →

Friday Afternoon Ethics Jolt, 9/6/2019: Unethical Teachers, Schools, Pundits, Lawyers And Australians

/ Jack Marshall / 23 Comments

Perk up!

1. Now THIS violates the Niggardly Principles! Poor, angry, Australian vegan Cilla Carden has filed complaint after complaint with various courts, most recently the State Administrative Tribunal of Western Australia and the state Supreme Court arguing her neighbors cook fish so often on the barbie that she’s been deprived the enjoyment of life.

“All I can smell is fish! I can’t enjoy my backyard, I can’t go out there,” Carden told reporters. Yet her entreaties keep getting thrown out of court, even though she says the neighbors are deliberately trying to nauseate her.

So, naturally, after Carden’s story went viral,someone launched a Facebook page titled Community BBQ for Cilla Carden  promoting an event scheduled for Oct. 19, in which Australian carnivores will descend on  Carden’s neighborhood grilling like there’s no tomorrow.

“Don’t let Cilla destroy a good old Aussie tradition, join us for a community BBQ in protest of her actions, and help Cilla Carden GET SOME PORK ON HER FORK,” the event invitation says. More than 4,500 Aussies have RSVP’d.

2. Of course, many of us knew this from the start. In a video posted to Twitter,  Debra Katz, the lawyer for Christine Blasey Ford says that Kavanaugh “will always have an asterisk next to his name” when he “takes a scalpel” to  Roe v. Wade. This, she says, is “part of what motivated Christine,” and Katz adds,

“I believe that Christine’s testimony brought about more good than the harm misogynist Republicans caused by allowing Kavanaugh on the Court, We were going to have a conservative. Elections have consequences.”

Translation: Blasey-Ford’s objective, enabled by her unthical lawyer, was to smear Kavanaugh to make it easier to impugn his motives when he was part of an entirely hypothetical, opinion overturning Roe in a yet to be filed or accepted case. Continue reading →