Rights

From The Ethics Alarms Archives, August 21, 2014: “Wishing Ethics: What Should We WANT The Outcome To Be In Ferguson?”

/ Jack Marshall / 4 Comments

finger-crossed

[This seems to be a propitious time to re-post this essay, from the peak of the Micahel Brown shooting upheaval. I’m going to wrestle my fingers to the ground and avoid making any comments on it now, and leave such reflections to the comments.]

The simple answer to the question in the headline is: we should all want the truth to come out, whatever it is, and be dealt with honestly and justly. I don’t think that result is possible, unfortunately, just as it proved impossible in the Martin-Zimmerman tragedy.If the truth could be determined, however…if an experimental, advanced video recorder just happened to capture everything that occurred between Officer Wilson and Mike Brown, including in the squad car; if it captured the incident from all angles, and we could hear and see everything that transpired between them, what would we want that to be, recognizing that the tragedy cannot be undone?

Would we want it to show that Mike Brown was murdered, that he was fleeing for his life when he escaped the car, then turned, fell to his knees ( as at least one witness claims) and was gunned down with his hands in the air? Obviously many Americans, including Brown’s family, the Ferguson protestors, many African-Americans, civil rights activists, police critics, politicians and pundits, have an interest in seeing this be the final verdict of investigators, for a multitude of reasons. The grieving family wants their son to be proven innocent of any fault in his own death. Others, especially those who prematurely declared Officer Wilson  guilty of “executing” Brown, have a strong interest in being proven right, for even though it would not excuse their unfair and irresponsible rush to judgment, such a determination would greatly reduce the intensity of criticism leveled at them.

[Side Note on Ethics Dunce Jay Nixon: That won’t stop the criticism here, however: Whatever the facts prove to be,  Gov. Jay Nixon’s comments are indefensible, and inexcusable. Now the Democrat is denying that they meant what he clearly meant to convey: calling for “justice for Brown’s family” and a “vigorous prosecution” can only mean charging Wilson, and that is what those calling for Wilson to be arrested took his comments to mean. If the Governor didn’t mean that, as he now claims, then he is 1) an ignoramus and 2) beyond incompetent to recklessly comment on an emotion-charged crisis in his state without choosing his words carefully.]

Or should we hope that the facts exonerate Wilson? After all, shouldn’t we want the one living participant in this tragedy to be able to have some semblance of a life without being forever associated with villainy? Certainly his family and friends, as well as member of the Ferguson police force who want their own ranks to be vindicated, and police all over the nation who have had their profession attacked and denigrated in the wake of the shooting, fervently hope that the narrative pushed by the demonstrators is proven wrong.

Others want to see Wilson proven innocent for less admirable reasons. They want to use the incident to condemn police critics, and undermine and discredit civil rights advocates, especially long-time ideological foes like Al Sharpton. They want Eric Holder to look biased, (he looks biased anyway, because he appears to be taking sides) and to make the case—one that a single episode neither supports nor can possible rebut—that police do not have itchy trigger fingers when their weapons are pointed at young black men.

From the standpoint of ethics, which means that the best outcome will be the one that does the most good for society, the choice is complex.  Continue reading →

Another Unarmed Black Man Is Shot And Killed By Police In Atlanta, And Facts Don’t Matter [UPDATED!]

/ Jack Marshall / 70 Comments

As Samuel L. Jackson says (repeatedly) in “Jurassic Park,” “Hold on to your butts!”

An unarmed black man was shot and killed in a confrontation with police last night in Atlanta, and protesters are already gearing up. The Atlanta Chief of Police quickly resigned, which is either smart or cowardly, I’m not sure which. Atlanta Mayor Keisha Lance Bottoms already called for the officer who fired the fatal shots to be terminated—no investigation, no due process. This is the procedure Colin Kaepernick favors.

What happened? Oh, nobody knows for sure, but that doesn’t matter any more, right? It’s a black man, shot by police, so there is a presumption of racism. We’re still in the middle of the George Floyd Freakout, so the incident is automatically part of the same narrative. Facts don’t matter, logic doesn’t  matter, fairness and consequences don’t matter. Activists are looking for an excuse to protest, or worse. See the photo? The only facts anyone cares about is that a black man was shot by police. It wouldn’t matter if he were rabid and tried to bite the officers like the zombies in “World War Z.”

Last night’s incident began about 10:30 p.m. outside a Wendy’s  on University Avenue. Wendy’s employees called the police after receiving a complaint about a man asleep in his vehicle in the Drive-in line, which forced other customers to go around his car to get their food at the window.  Responding to the call was the police’s first mistake. They should have asked if the man was black, and upon receiving an answer in the affirmative, should have told Wendy’s, “Sorry, you’re on your own.  We’d deal with it if the guy was white, but we can’t afford any situation these where a black guy might get gets hurt. Let him sleep it off. ‘Bye!” Continue reading →

Afternoon Ethics Warm-U…OH MY GOD I JUST SAW THE “I TAKE RESPONSIBILITY” VIDEO AND MY BRAIN IS CRAWLING OUT OF MY SKULL!!!!!

/ Jack Marshall / 16 Comments

1. This thing above. How can anyone take these people, or the entire industry they represent, seriously? Was someone challenged to come up with the most nauseating, self-indicting example of narcissistic grandstanding and virtue-signalling imaginable? Among the more recognizable celebrities are Kristen Bell, Kesha, Aaron Paul, Stanley Tucci, Bryce Dallas Howard, and Debra Messing, though I’m sure I would have recognized more if I hadn’t been retching so violently. This PSA is supposed to launch  a new project by entertainment production company Confluential Content, in partnership with the NAACP. So earnest (and as performed, manifestly phony) that it hurts, the stars—I’m assuming they are all stars—take turns reading a wildly hyperbolic and deceitful script:

“I take responsibility for every unchecked moment, for every time it was easier to ignore than to call it out for what it was. Every not-so-funny joke. Every unfair stereotype. Every blatant injustice no matter how big or small. Every time I remained silent. Every time I explained away police brutality or turned a blind eye. I take responsibility. Black people are being slaughtered in the streets. Killed in their own homes. These are our brothers and sisters. Our friends. Our family. We are done watching them die. We are no longer bystanders; we will not be idle. Enough is enough.”

Who is it who will decide what’s a stereotype, an unfunny joke (what if the joke is funny?), or a blatant injustice? You silly people? Right. Continue reading →

Morning Ethics Warm-Up, 6/6/2020: No, We’re Not On The Eve Of Destruction. Stop Saying That!

/ Jack Marshall / 39 Comments

But thanks for an excuse to play the #2 most stupid psuedo-profound pop song of all time, #1 being, of course, “Imagine.” Take it away, Barry!

1. Mouse in the house. In the 30 years our home was patrolled by Jack Russell terriers, we virtually never saw a mouse (though Rugby literally wouldn’t hurt a fly). Lately, however, we have seen several, including a really, really cute one who is amazingly bold. This tiny mouse has big black eyes and little pink ears, with reddish brown fur. He also seems to like my wife, whom he crept up on the sofa to sit by repeatedly last night while she was napping. Ethically, we are at an impasse. I keep thinking about “Ben and Me,” the Disney cartoon about Ben Franklin’s apocryphal mouse pal, and my wife can’t bear the thought of killing her new fan. But we can’t have mice running around the house.

2. From the Ethics Alarms mail bag: Guess the rationalization! Steve Witherspoon aks what rationalization General Mattis’s fatuous statement, “We must not be distracted by a small number of lawbreakers,”  from his attack on the President evokes. Several, in fact. It’s a clear #22. The Comparative Virtue Excuse: “There are worse things,”  as well as the suddenly popular #64. Yoo’s Rationalization or “It isn’t what it is.” Riots in dozens of cities, arson, looting and attacks on over 100 police cannot be called “a small number of lawbreakers.” It’s also a neat #59. The Golden Rule Mutation, or “I’m all right with it!” As long as those “small number of lawbreakers” aren’t threatening Mattis or his family, he’s willing to accept what happens…to other people being victimized by rioters. Continue reading →

So The Judge’s Wife Is On The Jury…Wait, WHAT?

/ Jack Marshall / 7 Comments

“Hi hon!”

I haven’t seen this before.

Judge Thomas Ensor of Adams County, Colorado, now retired, sat back and allowed his wife to be empaneled on the jury trying Gary Val Richardson for allegedly firing one or two shots in the direction of police officers during a 2013 standoff.

The judge even thought the situation was funny. He joked during jury selection that lawyers should “be nice to Juror 25. My dinner is on the line.” After the jury was selected and sworn in, Ensor told the lawyers that he had never heard of a sitting judge having a spouse or family member on the jury. “There’s nothing wrong with it,” he said. “I think she’ll be a fine juror. I have not spoken to her about this case.”

One of my rules of thumb for avoiding legal ethics problems in trial is that if you’ve never heard of something being done before, there’s probably a good reason not to be the first to do it. Continue reading →

Morning Ethics Warm-Up, 6/3/2020: Rationalizations #1 And #64

/ Jack Marshall / 75 Comments

Well, maybe the Nicholas Brothers will cheer me up….

I wrote about Fayard and Harold here. Talk about victims of systemic racism: the only reason these guys aren’t as famous as Fred Astaire and Gene Kelly is that Hollywood wouldn’t let them be. Justice would be making sure every single American kid sees this routine before they are 18.

1. Of course rioting is domestic terrorism. What else would you call it? It’s calculated violence against innocent citizens to promote fear and to advance a political objective. That’s terrorism.

If the truth hurts, tough. Boy, Rationalization #64. Yoo’s Rationalization or “It isn’t what it is” has had a work-out this year!

2. New York Times priorities: Here’s the top front page headline in the Times today: “How Trump’s Idea For Photo Op led To Havoc in the Park.”  Riots, looting, attacks on police and deaths from the George Floyd riots, and that’s the story the Times believes should be first today. Nah, there’s no mainstream media bias. Continue reading →

Applying The Ethics Alarms 12 Question Protest Ethics Checklist To The George Floyd Freak-Out, And A Thirteenth Question

/ Jack Marshall / 30 Comments

Of course, when a protest turns into violence, arson, rioting and looting, that protest has lost any claim to ethical legitimacy. Let’s (mostly)ignore that Woolly Mammoth in the room, however, to try to assess the George Floyd protests from as positive a perspective as possible.

Here’s the checklist:

1. Is this protest just and necessary?

Outside of the locale where the incident took place, the protests were neither just nor necessary. They were only necessary in Minneapolis if there was a real chance that the police involved would not be held accountable. There was no reason to assume that in the brief time before the mobs gathered and the chants began.

2. Is the primary motive for the protest unclear, personal, selfish, too broad, or narrow?

As in most such cases, the primary motive was and is incoherent. “Expressing outrage”  is by definition too broad to be productive. “Justice” does not mean what the protesters seem to think it does.

3. Is the means of protest appropriate to the objective?

No, if the objectives are a fair trial and due process under the criminal justice system, which it should be. If anything, the protests undermine those objectives.

4. Is there a significant chance that it will achieve an ethical objective or contribute to doing so? Continue reading →

Saturday Morning Ethics, 5/30/2020: Burn, Baby, Burn Nostalgia

/ Jack Marshall / 67 Comments

1. Bulletin for Gov. Walz: Derek Chauvin has civil rights too, you irresponsible fool. I have just watched Minnesota’s Governor repeatedly refer to George Floyd’s “murder.” An elected public official cannot and must not do that. If he wants to guarantee that a fair trial in the case becomes impossible, this is the way to do it. There has been no trial, and however horrible the video of Floyd’s  death may be, Chauvin and the other officers have the right to the presumption of innocence. Now a St. Paul’s mayor is at the podium calling for Chauvin to be held “accountable.” Well, he’s under arrest and will face trial, and for now, that’s about it.  All of this outrage porn and virtue-signaling now enables the rioters by pretending that there is anything productive to be done but to wait for the justice system to play out. Continue reading →

In-Between Ethics Warm-Up, Late 5/28/ Or Early 5/29/2020…

/ Jack Marshall / 91 Comments

Good whatever-it-is…

One problem with having to take a nap every couple of hours is that all sleep patterns inevitably get wrecked, and that’s where I am now, awake and staring in the early morning or late night…what fun.

1. I see that we have riots in Minneapolis. The Third Precinct police station was set on fire; earlier, rioters burned down a six-story, 190-unit affordable housing project  slated to open in the spring of 2021. That development cost approximately $37 million. Never mind: MSNBC’s reliably ridiculous Ali Velshi told his viewers, literally as flames raged behind him, that “this is mostly a protest. It is not generally speaking unruly.” I would say this is unbelievable, but it only slightly moves the needle in the manner the current left-mainstream media regards reality as a flexible concept.

Meanwhile, there is absolutely no rational nor ethical justification for riots, ever, as a response to a single instance of police brutality, or in response to anything else. Nevertheless, we will get rationalizations and excuses from the usual suspects, as well as pious humming that it’s “understandable” for people to act this way. Not if rioters are to be regarded as adults, it’s not. They are harming innocent fellow citizens and business owners, and making matter worse, not better. The enablers and the apologists for such conduct should be duly marked, identified, and condemned, and no, the four rogue police officers who appear to have killed George Floyd did not “cause” the riots. The rioters caused the riots; it’s a choice, and an inexcusable one. The protests elsewhere demanding premature charges and the abandonment of due process regarding the officers are similarly indefensible.

This isn’t even a close call, and it is frightening that so few  are willing to articulate it without equivocation. Continue reading →

Ethics Quote Of The Month: Matt Taibbi, “Rolling Stone” Columnist

/ Jack Marshall / 15 Comments

“I can understand not caring about the plight of Michael Flynn, but cases like this have turned erstwhile liberals – people who just a decade ago were marching in the streets over the civil liberties implications of Cheney’s War on Terror apparatus – into defenders of the spy state. Politicians and pundits across the last four years have rolled their eyes at attorney-client privilege, the presumption of innocence, the right to face one’s accuser, the right to counsel and a host of other issues, regularly denouncing civil rights worries as red-herring excuses for Trumpism.”

—Progressive “Rolling Stone” columnist Matt Taibbi, in “Democrats Have Abandoned Civil Liberties: The Blue Party’s Trump-era Embrace of Authoritarianism Isn’t Just Wrong, it’s a Fatal Political Mistake”

I’m not highlighting Taibbi’s excellent essay as an appeal to authority, not at all. I’ve written about the situation he’s bemoaning for more than three years, and I’ve made my case. (Check the “Totalitarianism” tag—Taibbi should be using that term rather than “authoritarianism.”)  I don’t need Matt Taibbi to prove my analysis correct. I’m calling attention to his essay because it’s a relief: so many people have told me that I am a Fox News, Trumper zombie for pointing out what should be screamingly apparent. For years I have been reading fevered warnings that the President was a dangerous authoritarian endangering democracy, when it seemed apparent that the party those critics supported were presenting the real threat by undermining our institutions and ignoring both the Constitution and the law.  I was beginning to doubt my sanity, just like Ingrid Bergman in “Gaslight.” Only a handful of analysts with courage and integrity—Professors Turley, Dershowitz, Jacobson and Althouse; journalist Glenn Greenwald, a few liberal pundits like Taibbi and Andrew Sullivan (sometimes) kept me from self-commitment.

More from Taibbi, on Michael Flynn:

Warrantless surveillance, multiple illegal leaks of classified information, a false statements charge constructed on the razor’s edge of Miranda, and the use of never-produced, secret counterintelligence evidence in a domestic criminal proceeding – this is the “rule of law” we’re being asked to cheer.

Russiagate cases were often two-level offenses: factually bogus or exaggerated, but also indicative of authoritarian practices. Democrats and Democrat-friendly pundits in the last four years have been consistently unable to register objections on either front.

Flynn’s case fit the pattern. We were told his plea was just the “tip of the iceberg” that would “take the trail of Russian collusion” to the “center of the plot,” i.e. Trump. It turned out he had no deeper story to tell. In fact, none of the people prosecutors tossed in jail to get at the Russian “plot” – some little more than bystanders – had anything to share.

Nah, there’s no mainstream media bias. Continue reading →