Rights

Now THIS Is An Incompetent Judge…

/ Jack Marshall / 28 Comments

oops

U.S. District Judge Patricia Minaldi was removed from St. Charles, Louisiana jury trial for criminal fraud in February, then her replacement declared a mistrial. Nobody knew why until the Associated Press got transcripts unsealed. They do not give one great confidence in the management of the justice system.

In one unsealed transcript (PDF), federal prosecutors and a public defender jointly called  U.S. District Judge Donald Walter ,who took over the case from Minaldi,  to ask him to grant a mistrial. The chief judge had assigned Walter to the case in an order that cited Minaldi’s inability to be present at the trial, but provided no additional explanation.

Minaldi was unable to be present because she doesn’t have the requisite awareness of the world around her or of the requirements of her job to be a judge. The botched trial included this ominous incident:

On the last day of the trial before it was suspended, Assistant U.S. Attorney Robert Moore was questioning a witness about the defendant’s grant application which had been filled out on a computer. Judge Minaldi interrupted the witness to ask what a “drop-down box” and “drop-down menus”  were.

“I have no idea what that means,” Minaldi said, regarding the reference to drop-down menus.  “No offense, but if I don’t understand it, I don’t think anybody else is going to understand it,” she continued. “I’ve been to law school. I’ve been doing this for 30 years. I have no idea what y’all are talking about.” After another question—Minaldi didn’t understand references to “Y’s and yeses” in relation to the answers to yes or no questions on the application—the judge recessed the court for lunch.

“Get your act together. Okay,” Minaldi told Moore. “I have no idea what’s going on here. Get your act together.”

Because it was HIS fault she had no idea what was going on. Continue reading →

More Lone Juror Ethics: The Slager Trial, Juries, And Justice

/ Jack Marshall / 30 Comments

lone-juror

This was what I was afraid of. It is also why Michael Slager, who is guilty as hell, didn’t plead guilty despite slam-dunk, irrefutable evidence that he executed  African-American Walter Scott as he was fleeing arrest last year. It is why I argued that if Slager ethically cared more about the law, his profession, his community and his country than he did about literally getting away with murder, he was ethically obligated to plead guilty so this couldn’t and wouldn’t happen.

A single juror told the judge in the Slager trial last week that he can’t find the ex-cop guilty. In a letter to the court, the would-be Henry Fonda said, “I cannot in good conscience consider a guilty verdict…I cannot and will not change my mind.”

The jury foreperson confirmed  in a separate note  that it was only one juror who was “having issues” convicting Slager, who pulled over Scott’s car in North Charleston, South Carolina last year, and ended up shooting him in the back while a bystander recorded the killing on video. Circuit Judge Clifton Newman sent the jury back for more deliberation, and they are expected to report on their progress at 9 a.m. Monday.

The lone juror holding out for innocence against eleven wanting to convict is celebrated as a courageous and system-defining stand in “Twelve Angry Men,” but it strains our faith in the system when the facts are like they are in this case. Nonetheless, the possibility of a not guilty verdict in the supposedly open-and-shut case is essential to the integrity of our system’s principle that even the most obviously guilty deserve a competent defense and a trial before a jury of their peers. Either we believe, as it has been said by many, that it is better for 100 guilty defendants to go free than for a single innocent citizen to be convicted, then we have to respect and accept the result when a lone juror seems to violate common sense and law.

Is Slager “more guilty” than O.J.? I could argue that they both deserve punishment, but if one deserves it more than they other, I’d pick Simpson, who killed two people, and wasn’t attempting a lawful arrest. (I could also argue that this kind of shooting by a police officer deserves a harsher punishment, because of his profession and his duties to society.) However we feel, we cannot condemn the lone juror without endorsing summary justice and show trials. If we believe in fair trials, we must believe in not guilty verdicts when a defendant seem obviously guilty, and lone jurors who cannot be convinced of guilt beyond a reasonable doubt.

Taking the other approach—emotion, anger and irrational hate—will be the likes of Elie Mystal, who, I think it is fair to say, needs a vacation. In an embarrassing post on the legal gossip site “Above the Law,” the African-American pundit intentionally misleads his readers by leaving out the key fact that it is only one juror who isn’t convinced by the overwhelming case against Slager, in order to indulge in an anti-white hate-fest: Continue reading →

Fake News Ethics: A Quick Audit

/ Jack Marshall / 9 Comments

fake-news

There is…

(1) fake news,

(2) misleading or incompetent reporting,

(3) news that some people call fake because they don’t like its likely effects or implications, and

(4) news that people want others to think is fake so they can peddle their own fake news.

Did genuine, unequivocal fake news affect the 2016 election—that is, the first kind, the kind peddled by hoax sites like The News Nerd, and the Macedonian junk like the story about the Pope endorsing Trump?  There’s no evidence that would suggest or support that. Many voters are naive, gullible, ignorant fools, but still: how many actually changed their votes based on complete fiction? It’s impossible to tell, but stating that this was the case is itself a form of fake news.

Democrats and partisan pundits had been using the “fake news” device to mute the voices of journalists who didn’t follow in lockstep to the mainstream media pro-Democratic march. The IRS scandal, which is real and damning, has been largely ignored by the mainstream news media and called a “nothingburger” in Obama Administration talking points.The assertion that it is a myth that the IRS is using its power to suppress conservative dissent is …..fake news.

Because Fox is the only major news outlet (I do not count the slimy Breitbart websites) that was consistently critical of the Obama administration when it deserved it (and sometimes when it did not), Democrats not-quite-successfully-enough set out to marginalize Fox, calling it “faux news” and pushing the Obama narrative that it wasn’t even a legitimate news source. Obama, in an interview with Rolling Stone (speaking of sources of fake news!), blamed Clinton’s loss in part on “Fox News in every bar and restaurant in big chunks of the country.”

Isn’t that amazing? What gall. It isn’t the fact that the debt (that Obama promised to reduce) is now just short of 20 TRILLION dollars, with Obama adding a record $7.917 trillion to it, it’s that the one news source that actively exposed that fact was available to middle class voters that led to Hillary’s loss.  It wasn’t that the Affordable Care Act didn’t let Americans keep their health care plans as Obama repeatedly swore it would, it was that Fox News kept reminding its viewers of that (as the rest of the news media soft-peddled it) , while also publicizing that thanks to the Affordable Care Act, one’s health care insurance was less affordable unless the government was paying for it. It wasn’t that Hillary Clinton had lied about her e-mail tricks for over a year, the problem was that Fox was responsibly reporting that she was lying, unlike CNN, NBC, and the rest.

You know. Fake news.

As part of an organized effort up and down Democratic groups, ranks, allies and media operatives to de-legitimatize Donald Trump’s victory, the definition of “fake news” has been conveniently expanded. The Washington Post published a jaw-droppingly sloppy, partisan piece last week alleging that

The flood of “fake news” this election season got support from a sophisticated Russian propaganda campaign that created and spread misleading articles online with the goal of punishing Democrat Hillary Clinton, helping Republican Donald Trump and undermining faith in American democracy, say independent researchers who tracked the operation.”

Continue reading →

Trump’s Critics And The “Julie Principle” Follow-Up: And If You Don’t Pounce On Every Silly Trump Tweet Like It Was A Threat To The Constitution, You Won’t Be As Likely To Have THIS Happen…

/ Jack Marshall / 59 Comments

doh-dohFrom PHILADELPHIA (CBS/CNN) —

“President-elect Donald Trump is coming under fire that there should be “consequences” for flag burners, but in 2005, Hillary Clinton backed a bill that would have criminalized burning the American flag.

While she was senator of New York, Clinton co-sponsored the Flag Protection Act of 2005, which would have outlawed “destroying or damaging a U.S. flag with the primary purpose and intent to incite or produce imminent violence or a breach of the peace.”

You see, another benefit of practicing”The Julie Principle” is that it provides some protection from confirmation bias, which, as Ethics Alarms keeps telling you, makes you stupid, and cognitive dissonance, which warps your perception. Let me return to another section of the original “Julie Principle” post: Continue reading →

The Michael Slager Trial: When The Ethical Course Is To Not Exercise a Right

/ Jack Marshall / 36 Comments

shooting_of_walter_scott

Michael Slager is the white North Charleston police officer who stopped African American Walter Scott for a taillight violation on April 4, 2015, and in the ensuing events, ended up fatally shooting Scott as he fled the scene, in the back, as recorded on a cell phone video. Of all the many police-involved shootings, this is the least equivocal. Slager is guilty of murder of one kind or another: in South Carolina, there is only one kind, and  mitigating circumstances are reflected in the sentence. He could receive life in prison, or much less time.

But every criminal defendant has the right to be tried by a jury of his peers before the law finds him guilty, and Slager is taking full advantage of the right. In doing so, he is forgoing his last clear chance at redemption. The former officer—he has already been fired for the episode and not just put on paid leave, as is usually the case—is understandably trying to avoid a conviction and jail time, even though, should he be acquitted by some miracle or act of mass hypnosis, it would be certain to provoke even more anger and distrust in the black community, and, I would hope, among non-African Americans as well. A justice system that finds, no matter how it reaches such a conclusion, that an officer who shoots a fleeing man dead like Slager did is not guilty needs to be blown up and seeded with salt. When Slager’s first lawyer saw the video, he quit.

Do you think an acquittal is impossible? Don’t. All that is needed is a jury full of people who “think,” and I use the word generously, like the signers of this petition. I’m pretty sure that there are more than twelve of them available. Continue reading →

Ethics Quiz Follow-Up: Signature Significance And Kind Words For Castro

/ Jack Marshall / 43 Comments
Look at the good side!

Look at the good side!

Democrats and progressives have been “otherizing” the President Elect by incessantly referring to the fear he inspires in so many, including young children. This, as I hope to explore in another post, is part of a wide ranging  and dangerous de-legitimizing strategy, as wrong as calling Barack Obama by his middle name, or claiming that he isn’t a citizen. In the weekend’s Ethics Quiz, I answered answer to the question of whether Trump’s unequivocal condemnation of Fidel Castro in response to his death was ethical in the affirmative, and I concludeed with this:

Rather than using the occasion to find another excuse to attack Trump, Democrats should think about why it is that so many Castro admirers are in their ranks.

Now let me be more pointed: everyone surveying that national political scene should be concerned and alarmed that so many Castro admirers and apologists are in the ranks or progressives and Democrats….especially progressive and Democrats.  It is signature significance. No one who is committed to liberty, the Constitution, the democratic process and basic principles of autonomy, respect, fairness and free speech can seriously praise Castro.  The ominous turn of the increasingly radicalized Left in the United States to an “ends justify the means,” totalitarian methodology-endorsing philosophy is something to watch carefully.  You want genuine fear? I am genuinely frightened of liberals who say that Castro “did some good things” on the way to shrugging off how he did those things, and how many lives it cost.

A good friend of mine and a nice, smart, man who is also an extreme liberal wrote on his Facebook page,

RIP, Fidel. A huge figure of the 20th century, one with faults and virtues. Believed his island belonged to all its people and not just the rich. A better man than the one who was just elected…

Res ipsa loquitur. Continue reading →

Short Takes As The Left’s Unethical Post-Election Freakout Continues

/ Jack Marshall / 6 Comments

freakoutI admit it. I can’t keep up with all the progressive/Democrat/Hillary Corrupted/journalist and pundit freakouts over Donald Trump’s election, and I don’t want to. There is more to ethics and life than pointing out how completely so many have abandoned reason, fairness, proportion and their own previously stated principles because Donald Trump won the election. Well, that’s another beneficial effect of the result: Trump has inadvertently exposed how thin the veneer of decency and fairness was for a large number of institutions, occupations and individuals. Among the examples about which I could and probably should write complete posts, but won’t, are these:

New York Times columnist Charles Blow, he of the anti-Mormon slurs against Mitt Romney before the 2012 election. Remember how Rush Limbaugh was excoriated by journalists, progressives and Democrats for saying, after Obama’s election, that he hoped the new President would fail? Here is Blow, in my print Times this morning, declaring in advance his irrevocable hate:

I have not only an ethical and professional duty to call out how obscene your very existence is at the top of American government; I have a moral obligation to do so.I’m not trying to convince anyone of anything, but rather to speak up for truth and honor and inclusion. This isn’t just about you, but also about the moral compass of those who see you for who and what you are, and know the darkness you herald is only held at bay by the lights of truth….

So let me say this on Thanksgiving: I’m thankful to have this platform because as long as there are ink and pixels, you will be the focus of my withering gaze.I’m thankful that I have the endurance and can assume a posture that will never allow what you represent to ever be seen as everyday and ordinary. No, Mr. Trump, we will not all just get along. For as long as a threat to the state is the head of state, all citizens of good faith and national fidelity — and certainly this columnist — have an absolute obligation to meet you and your agenda with resistance at every turn.

This is the theme of the unethical response of the Angry Left—which increasingly appears to include everyone on the that side of the political spectrum. The double standard reigns. Conservatives should accept election results with grace and patriotism in the interests of national unity, but liberals can scream, protest, attack the system and claim fraud indefinitely. Republicans shouldn’t use fear as a political weapon, but Democrats can. Americans should give elected leaders a chance to  progress beyond the uncivil and excessive rhetoric on both sides during a campaign, with the exception of this President. Continue reading →

Thanksgiving Ethics From The “Fear Of Being Shot Causes Broken Ethics Alarms” Files

/ Jack Marshall / 3 Comments

Bridgeport, Connecticut police stopped cars on the day before Thanksgiving, and surprised the motorists by handing them turkeys rather than tickets.

Awww!

Too bad it’s per se unethical conduct, an abuse of power and position, and a dangerous precedent. This is unpleasant déjà vu, for I’ve written this post before, more than once, and as many times in this year than the previous seven years combined. It’s pretty obvious why. Police, who were being shot and ambushed all over the country last week, are desperate to endear themselves to citizens and validate their role as a beneficent force in the community, which needs no validation.

“It’s a way of giving back, reaching out to the community and making sure everyone has a meal for thanksgiving,” says Bridgeport Police Capt. Roderick Porter, not getting it at all. I wonder what would have happened if one of those turkey stops was a fleeing felon. Would objections have been raised if the white cops only stopped black motorists, to say “We like you! We really like you! Here’s a turkey!”

Here comes the déjà vu again: As I wrote about the ice cream caper, which was pretty much the same thing: Continue reading →

More Noose Ethics: In Virginia, Affirmation That The Constitution Permits One To Be Racist And Talk Like A Racist, But Not To Do THIS

/ Jack Marshall / 4 Comments

nooseThe Virginia Court of Appeals took on the case of a man convicted of violating a state law prohibiting displaying a noose with the intent to intimidate, in violation of Va. Code § 18.2-423.2. Actually, Jack Turner did a bit more than that. The noose was hanging from a tree on his property and was on the neck of a dummy appearing to portray a black man. However, the law only prohibits a citizen from displaying a noose in a public place, and this was, his lawyers argued, Constitution-protected speech on private property. Turner was appealing his sentence of five years in prison (all but six months were suspended).

No doubt about it, this was “hate speech”; Turner admitted it.  After his African American neighbor reported the display to police, who questioned him about his intent, Turner initially said that the hanging black dummy was “a scarecrow.” When it was pointed out that he had no garden, Turner elaborated by explaining that he was a racist, and “did not like niggers.”

At the trial, one of Turner’s African American neighbors testified that after seeing the hanging dummy he was especially upset when he saw the dummy because nine African-Americans had been killed in the Charleston South Carolina church shooting earlier in the same day. The neighbor’s wife testified that she now feared for her family’s safety.  After the incident, the parents no longer allowed their sons to walk past Turner’s house, because, they said, they didn’t know what else a man who hanged such a warning was capable of doing. For his part after he was forced to remove the hanging black effigy, Turner continuously hung a Confederate flag in a window  facing his neighbor’s home. Great neighbor.

Hate speech, however, is still protected speech. As the Supreme Court confirmed last session, to be legally prohibited hate speech must constitute a “true threat,” meaning that a speaker means to communicate “a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals,” even where the speaker does not “intend to carry out the threat.” Prohibitions of true threats protect individuals from “fear of violence and from the disruption that fear engenders.”

The Court of Appeals didn’t have to exert itself to find that when a man hangs a noose with a black figure dangling from it within view of his African-American neighbors’ house, it indeed constitutes a “true threat.” The Court found the display, after reviewing the history of lynchings in Virginia and the powerful symbolism carried by Turner’s noose, comparable to a burning cross, Continue reading →

Let’s Hear No More About Facebook “Values”

/ Jack Marshall / 14 Comments

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The New York Times reports that Facebook has developed software that will enable partner Chinese companies to monitor popular stories and topics that Facebook users share across the social network. Facebook’s partner would have power to decide whether those posts should show up in users’ feeds and suppress posts from  in specific geographic areas. The censorship and information-suppressing software  was created to help Facebook get into China, a lucrative market where the social network has been blocked. CEO Mark Zuckerberg is, sources say, full supportive of this effort by Facebook to make the subjugation of Chinese liberty easier.

One of Facebook’s core mission statements is “Make the world more open and connected.” Like so many mission statements, it is public relations deception. If Facebook was devoted to this mission, it would not even consider breaching its intent, letter and spirit by spending time and money to develop censorship software.

Facebook’s real mission is making a fortune by expanding into new markets. Let us not debase the topic of this blog by defaulting to Rationalization # 25. The Coercion Myth: “I have no choice!”

Facebook has a choice, the ethical one. That choice is to tell China it has a choice: either accept Facebook without censorship, of do without it. Google and Twitter, neither exactly paragons of virtue, have been blocked there for refusing to yield to the government’s  censorship requirements. Boy, when a company isn’t even as ethical as Twitter..wow.

This is the company we are going to trust to decide what is “real news.”  Ridiculous.

Prominent Democratic Party supporter Zuckerberg, like the party itself, is insufficiently allergic to the methods and objectives of totalitarianism.