Prosecutorial Ethics: Not Charging The Police In The Eric Garner Case Is The Right Ethical Decision…

/ Jack Marshall / 8 Comments

…and trying any of the officers involved would be unethical.

Naturally, Eric Garner’s family immediately is attacking  the decision of the Justice Department today not to bring federal charges against  the New York police officers whose ugly and violent arrest of Eric Garner in 2014 led to his death. This incident came in the midst of several high-profile police shootings following the triggering Trayvon Martin killing, and led directly to the emergence of Black Lives Matters as well as launching one of several catch phrases connected with the movement, “I can’t breath.”

The Department of Justice took a long time reviewing the incident and the evidence, and could not determine that Officer Daniel Pantaleo willfully committed misconduct, an “essential element necessary to bring federal charges,” a senior department official told reporters at a briefing today. Considering all the elements of the  crime required to be proven under the law, the DOJ official said, the conclusion was that  the police conduct did not “fit within the statute.”

In deciding not to bring charges, U.S. Attorney General Bill Barr sided with federal prosecutors in Brooklyn. The  Justice’s Civil Rights Division had favored bringing charges.

The main problem facing the Justice Department and the New York prosecutors was that a conviction would be unlikely, making a prosecution more of a show trial than a real one, much like the George Zimmerman trial for allegedly murdering Martin. That trial was brought unethically to slake activist thirst for vengeance against Martin’s shooter, despite the glaring  evidence indicating self-defense. Prosecutors may not use the process itself to punish citizens. If a trial can’t be won, or if the justification for charges are dubious, then it is professional misconduct to bring them.

Were police negligent and reckless in using such aggressive measures to bring down a suspect who was resisting arrest? Absolutely, and this was addressed, as it should have been, in a civil trial. (Garner’s family was awarded 4 million dollars from the city.) Did the cops intend to kill Garner? It takes real anti-police bias to conclude that. The video shows a huge, morbidly obese man resisting arrest by a group of much smaller officers, who pretty evidently over-reacted. Although the ME attributed Garner’s death to “compression of neck (choke hold), compression of chest and prone positioning during physical restraint by police,” the defense in a criminal trial will have no trouble finding persuasive expert testimony to the effect that what ultimately killed Eric Garner was his weight and poor health. Continue reading →

Lunch Time Ethics Appetizer, 7/16/2019: Funny But Wrong, Important But Incompetent, Too Hungry But Still Employed, And Right But Irrelevant

/ Jack Marshall / 28 Comments

Yum!

It’s ethical dilemma time for a Red Sox fan. I have an opportunity to get two excellent seats for Sunday’s game in Baltimore. It will be about 99 degrees, and the seats are without any protection from old Sol. Loyalty and dedication demand that I go and support the Sox, whom I have not watched in person for two years. Survival and common sense—non-ethical considerations—argue that this would be nuts.

As Jack Benny said when a robber stuck a gun in his ribs and said, “Your money or your life!,” 

1. Funny! Revealing! But still wrong. Campus Reform utilizes a James O’Keefe- inspired wag named  Cabot Phillips whose signature stunt is to get college students to reveal their ignorance and unthinking social justice warrior ways. He typically does this by lying to them, as when he gives them quotes from Barack Obama or Hillary Clinton and tells them that the speaker was Donald Trump. Outrage and hilarity ensues.

This time, he traveled to the University of Miami and presented students with a fake petition demanding that the college remove its famed mascot and team name, “Hurricanes,” because the name might be  offensive and hurtful to students who’ve been “negatively impacted by hurricanes throughout their lives.” Sure enough, many of the students he spoke with agreed withe the premise. Phillips then posted the video of the students making fools of themselves.

Human beings are wired to trust other human beings, and these stunts take advantage of that. Trust is essential to a healthy and cohesive society, and any exploitation of trust, be it for political purposes, financial gain or amusement, damages society.

It’s not worth it. In this case, the same point could be made by asking, “Would you a support an effort to ban the “Hurricanes” nickname as being potentially hurtful to the victims of tropical storms?”

2. “Spinquark” A helpful reader sent me a link to this website, which purports to expose “big tech companies that don’t respect your privacy..that aren’t transparent and consistent in their algorithms and policies or who use their platforms as a type of privatized online government, a government without recourse or representation.” Continue reading →

The Question I’m Glad I Didn’t Get In My Sexual Harassment Seminar…

/ Jack Marshall / 35 Comments

A question to the New York Times’ “Work Friend” column this month raised an issue I’ve considered but never written about regarding sexual relations in the workplace. The columnist botched it badly, but I’m pretty sure my answer would be extremely unpopular. Well, so be it.

The question came from a female employee about to attend a conference at a “fancy hotel with a swanky pool,” She wanted to know if she should pack her bikini, or if wearing a skimpy/revealing/sexually provocative bathing suit around her boss, co-worker  and industry colleagues was inappropriate.

It’s inappropriate. Continue reading →

From The Ethics Alarms Archives: “Yes, Ethics Dunce Madonna Indeed Engaged in Sexual Assault On Stage In Australia”

/ Jack Marshall / 18 Comments

Here’s an Ethics Alarms post about a story from 2016 that takes on some new elements when considered in light of #MeToo and the Harvey Weinstein Ethics Train Wreck. I’m wondering if Madonna would do this today.

Let’s review the players, shall we?

This is Josephine Georgiou, Isn’t she pretty? She was 17 in 2016.

This is Madonna, performing on stage in Australia. during her2016 concert tour.

She was and is over-the -hill and  has to be progressively more outrageous  to try to justify her concert ticket prices. During the 2016 tour, she was repeatedly late, suspected of being drunk on stage, and generally erratic. Her enabling supporters attributed this to a messy divorce. Of course, for a professional, that is no excuse: if you can’t do the job, then don’t charge people for you to do it.

Here is Josephine with a friend before they attended Madonna’s concert in Brisbane. Note Josephine’s outfit.

Note the nipple rings.

Forget the friend, and no, I have no clue as to what Josephine was holding. Maybe they have very small flies in Australia….

Now here is Josephine with her Mom, Toni, who also was at the concert.

More about her later. OK, I think we’re ready now. Fasten your seat belts, it going to be a bumpy trip down memory lane. Here’s “Yes, Ethics Dunce Madonna Indeed Engaged in Sexual Assault On Stage In Australia” from March 19, 2016…
Continue reading →

Comment Of The Day: “Open Forum!”

/ Jack Marshall / 18 Comments

Aaron Paschal’s Comment of the Day is on a topic that comes up here often, the distinction between having a right to do something, and claiming it is right to do it. It also is relevant to the weekend post about objections at my ethics seminar to my referring to Harvey Weinstein as an asshole. The student Aaron describes in his comment also earned that sobriquet, and it is descriptive, not uncivil, to employ it. (Aaron uses the lesser term “jackass,” which I view as inadequate under the circumstances.)

Here’s Aaron’s Comment of the Day from the recent “Open Forum!” (I’ll be back at the end):

My wife took my son to his college registration day yesterday. The parents were separated out from the kids, and so she sat her laptop down by a balcony outside the Starbucks at the student center.

While she sat there working, a young college – I’ll call him a guy – walked up to her, complimented her laptop, then proceeded to climb on top of her table to scale the balcony wall and reach the Starbucks. She protested “can I help you?!?” As he stood, to which he only responded “nah, you’re just in my way”

Shortly after this, he placed his order and stood at the balcony rail over her head, and struck up a conversation with a friend on his cell phone about anal sex and the delightful anal rape videos he had watched online recently. A nearby man shortly had enough of this, as he was visiting with his 3 year old and 7 year old children, who were also listening to the conversation.

Upon being confronted, the young college student exploded in indignation, affirming that he had first amendment rights to say what he wanted in public, and how the others were racist against him due to the fact that he was gay. When asked to calm down, he began chanting “free speech” and “you don’t have a problem with your president talking about PUSSY, do you?” Continue reading →

Morning Ethics Warm-Up, 7/15/2019: A Double-Talking Star, A Doxxing Law Prof, And…Grandstanding Paper Towels?

/ Jack Marshall / 24 Comments

It’s a good day, a new week, and anything is possible…

Perry may be a good example of that. Supposedly he was told early on in life that he had a two-digit, sub-normal IQ and should seek a trade rather than anything too intellectually demanding. Como dutifully went to barber school, and was cutting hair when his singing talent made him a star. This story should make us doubt IQ tests more than we doubt the intelligence of “Mr. C”….

1 And today’s ridiculous virtue-signaling and pandering to political correctness goes to…Brawny paper towels!

Ugh.

Keep repeating falsities frequently enough, and people will begin to think they make sense. I guess that’s the theory, right? The truth is that one gender is stronger than the other in about 99.9% of the population, or to put it another way, the average male is much larger and stronger than the average female. This is why women who make themselves look like this…

…are regarded as unusual–because they are.  But Brawny’s lie is used to, for example, pretend that there is nothing unfair about allowing biological men transitioning to womanhood to compete in sporting events as women.

From now on, it’s Bounty for me!

Continue reading →

Stop Making Me Defend President Trump! Those Stupid Tweets Are Many Things, But They Aren’t “Racist”

/ Jack Marshall / 157 Comments

CNN called them racist yesterday (so did Huffpo, but you know—Huffpo.). That’s not journalism. You tell the public about a statement, and you let others of note or credibility characterize it. It is particularly unethical journalism to cross the line into characterizing a statement and to characterize it falsely to conform to a false narrative or “big lie,” which the “Trump is a racist” assertion is.

Ann Althouse, bless her, saved me the time of explaining why yesterday’s stupid tweets, which I posted about here, are not racist in her first blog post this morning. No one should have to explain that the tweets weren’t racist, since they weren’t, and have no characteristic of racism whatsoever. Critics who choose that cheap route should have to explain why the tweets are racist, using the actual definition, which the accusation defies. Here is Althouse, after repeating the original set of tweets: Continue reading →

From The Ethics Alarms “Presidential Flat Learning Curve” Files…

/ Jack Marshall / 16 Comments

Sitting on the sidelines watching the party that has been calling him a traitor, a liar, an imbecile and a Nazi for over three years explode into self-destructive but nicely revealing internecine, generational, ideological warfare, with key leaders calling each other racists and other uncomplimentary things, President Donald J. Trump decided that the most responsible course was for him to tweet this:

This is gross incompetence and stupidity.

I did like the Red State headline regarding this inexplicably self-destructive behavior:

“As Democrats Fight a Civil War, Trump Strips Naked and Runs Onto the Battlefield.”

 

Let’s See How The Ethics Alarms Of Some Advice Columnists Are Doing…

/ Jack Marshall / 4 Comments

 

Well, let’s see: blog traffic is dead today, like most Sundays,, my in-progress post about the Big Lie that President Trump is a racist needs to be cut approximately in half (though it could easily be twice as long), and my current inventory is made up of either “too silly to write about,” yet more “2016 post election ethics train wreck” insanity, or  stuff that’s two complicated to handle working on half a brain, which is what I woke up with, now seems like as good a time as ever to see how the newspaper advice columnists are doing…

  • Philip Gananes (Social Q’s) advises a teenage son who is embarrassed by his mother’s “R-rated” tattoos “all over her arms and back.” The teen has asked Mom to cover up around his friends, and her reply is “if people don’t like her tattoos, that’s their problem.”  He asks the advice columnist if he is out of line.

Gananes says in part, “As an adult, she is free to make her own choices about her body and body art. You’re entitled to have feelings about her tattoos. But to ask her to hide them to save you embarrassment is like asking her to pretend to be a different person — because you’re ashamed of the one she is. That has to sting…The next time one of your pals makes a crack about your mom’s tattoos, say: “I’m not crazy about them, either. But she’s a great person and a terrific mother.” When you can say that and really mean it, Brian, you will be a terrific son.”

The Ethics Alarms verdict:

Whiff!

I was surprised that Gallanes, who is usually on target, would embrace the “that’s just who I am” rationalization. The issue isn’t tattoos, but “R rated” tattoos. “Mom, would you please not fart and belch loudly around my friends?” “That’s just who I am!  If people don’t like it, that’s their problem.”  “Mom, would you stop saying “fuck” and “cock-sucker” when my friends are here? “That’s just who I am!  If people don’t like it, that’s their problem.”  “Mom, would you stop coming on to my male friends?….Mom, would you please stop dressing in a halter top and going bare midriff with your gut hanging over your belt when my friends are here? You’re 56 years old and weigh 212!…Mom, would you please not come out to talk to my friends when you’re drunk”?

That’s just who I am!  If people don’t like it, that’s their problem.”
 Continue reading →

Sunday Ethics Warm-Up, 7/14/2019: The “Yikes!” Edition.

/ Jack Marshall / 24 Comments

Good morning!

1. Yikes. The New Republic is routinely irresponsible and disgusting these days, but may have set a new low—I can’t say for sure, because I only intermittently read the rag—with an ugly, homophobic rant by Dale Peck about Pete Buttigieg. So great was the outcry that the far left magazine pulled the piece, something it would not do and has not done when it has savaged a conservative or Republican, though not over sexual orientation, just horrible things like being male, white, or wanting to enforce laws. Here’s an excerpt from what remains on the web…Peck is himself gay, interestingly:

The only thing that distinguishes the mayor of South Bend from all those other well-educated reasonably intelligent white dudes who wanna be president is what he does with his dick (and possibly his ass, although I get a definite top-by-default vibe from him, which is to say that I bet he thinks about getting fucked but he’s too uptight to do it). So let’s dish the dish, homos….He’s been out for, what, all of four years, and if I understand the narrative, he married the first guy he dated. And we all know what happens when gay people don’t get a real adolescence because they spent theirs in the closet: they go through it after they come out. And because they’re adults with their own incomes and no parents to rein them in they do it on steroids (often literally)….the last thing I want in the White House is a gay man staring down 40 who suddenly realizes he didn’t get to have all the fun his straight peers did when they were teenagers.

I’m not saying I don’t want him to shave his chest or do Molly or try being the lucky Pierre (the timing’s trickier than it looks, but it can be fun when you work it out). These are rites of passage for a lot of gay men, and it fuels many aspects of gay culture. But like I said, I don’t want it in the White House.

I want a man whose mind is on his job, not what could have been–or what he thinks he can still get away with.

I know I keep asking this, but how could an editor not have ethics alarms ringing like a seven alarm fire when examining vile material like that?

2. Yikes! I didn’t see this coming...I posted what I thought was a nice, innocuous acknowledgement of the Boston Red Sox management doing something kind for the family of a forgotten walk-on during the team’s legendary 1967 pennant winning season who was inexplicably snubbed over the years. They gave the late Ken Poulsen’s son a 1967 World Series ring in an on-field ceremony before a game last week.

Then I received this in the comments:

I am Kendra Poulsen, Ken’s daughter and first born. I was not informed of this honor and presentation of the pennant ring they gave my brother yesterday. Obviously, I am devastated that me and my son were left out! And Ken had 2 grandsons. My child and my brother’s. The other children were step children from a recent marriage. It all makes me sick! The Sox should be ashamed of themselves. I could care less about the money.

I can’t quite make an ethics call because I can’t answer the threshold “What’s going on here?” query. So far, I’ve alerted a Boston Red Sox sportswriter friend, and that’s all. Was it the team’s obligation to track down the entire Poulsen family for its gesture of contrition? Did the son fail his duty to his sister? Continue reading →