blame the victim

Ethics Dunce: Santa Clara County Superior Court Judge Aaron Persky

/ Jack Marshall / 85 Comments

Let’s see if this sentence generates a fraction of the national attention that the so-called “affluenza” sentence did. For this is much, much worse.

Star Stanford swimmer and Olympic swimming team candidate Brock Turner was arrested in the early morning hours of Jan. 18, 2015  when two Stanford graduate students  saw him on the ground, thrusting his hips atop an unconscious, partially clothed woman. They called police; Turner ran, and police chased him down Turner. In trial, Turner claimed that the woman had consented, though police found her unconscious.

The jury didn’t believe him, and convicted Turner of assault with intent to commit rape of an intoxicated woman, sexually penetrating an intoxicated person with a foreign object and sexually penetrating an unconscious person with a foreign object. The usual sentence for sexual assault is six years in state prison. Santa Clara County Superior Court Judge Aaron Persky, however,  sentenced Turner to six months in county jail and three years’ probation. Turner could get out of prison after just three months.

For rape.

I do not find the Judge’s reasoning persuasive. His arguments were.. Continue reading →

The First Thing We Do, Let’s Slime All The Lawyers…

/ Jack Marshall / 27 Comments

the-blob-88

In election years I tell all my legal ethics seminar classes to start teaching their non-lawyer neighbors and relatives ABA Model Rule 1.2 b, which reads,

(b) A lawyer’s representation of a client, including representation by appointment, does not constitute an endorsement of the client’s political, economic, social or moral views or activities.

This, combined with the principle of zealous representation of one’s client, as expressed, for example, in D.C. Rule of Professional Conduct Rule 1.3…

(a) A lawyer shall represent a client zealously and diligently within the bounds of the law.
(b) A lawyer shall not intentionally:

(1) Fail to seek the lawful objectives of a client through reasonably available means permitted by law and the disciplinary rules; or
(2) Prejudice or damage a client during the course of the professional relationship….

…means that lawyers represent clients, and are bound to seek those clients’ objectives when those objectives are legal whether the lawyer likes or agrees with those objectives or not.

It means that it is ignorant, wrong and dangerous to the rule of law as well as the right of citizens to be the beneficiaries of laws in a democracy and not the servants of them, for unscrupulous political opponents to attack lawyers for the positions, objectives and needs of the clients they represented. It means that it is disgusting for maleducated journalists to misinform the already disturbingly confused public by using a matter that a lawyer-turned-candidate’s client needed legal advocacy for as an excuse to impugn the candidate’s character.

Lawyers do not have to agree with or like their clients’ positions, objectives or character, is that clear? Everybody? Lawyers are not to be held accountable for their client’s motives, conduct or legal objectives. Bill Cosby’s lawyers do not approve of rapists. Johnnie Cochran did not support the hobby of ex-wife knifing.

Yet this happens every election cycle, without fail: cheap shots directed at candidates who are lawyers based on one or more of their unsavory clients.  There are two lawyers left in the current primary competition, and guess what?

You guessed it.

Hillary’s ancient defense of a rapist was used to slime her all the way back in 2014. The unfair attack raised its misshapen and empty head last week on CNN, when a Trump supporter brought it up. What we know about Clinton is that she defended a child rapist she was appointed to represent pro bono in 1975, and did an excellent job. She used all the tactics that she was allowed to use. She attacked the credibility of the twelve-year-old victim, and threw sufficient doubt on the the chain of evidence that Clinton got an advantageous  plea bargain for her client, who served just ten months in prison. Sure, he was guilty, and Hillary knew it.  It was her job to make the prosecution prove its case with sufficient evidence, and they failed. The victim, we are told, has had a hard life because of the experience. That is not in any way Clinton’s fault or responsibility.

Now it’s on to Ted Cruz. Here is Slate’s click-bait, misleading, deceitful headline to further the “Ted Cruz is a some kind of sexually repressed weirdo” trope the left-biased media is peddling: Continue reading →

Legally Competent, Ethically Bankrupt: The Zealous, Despicable Monique Pressley, Esq.

/ Jack Marshall / 53 Comments

cosby-women-new-york-magazine-w724

Bill Cosby’s lawyer Monique Pressley decided to become a hybrid attorney-publicity agent yesterday, and in doing so provided an impromptu seminar on why people hate lawyers, and often should. She was carefully spinning and dissembling on behalf of her client without breaching the ethics rules against lying, parsing words and phrases with skill and deftness, all in the service of a serial sexual abuser and perhaps the greatest hypocrite pop culture has ever produced.

Brava!

Also, Yeeccch!

The impetus for her media spin tour, for that is all it was, is the New York magazine issue that features the stories of 35 of Cosby’s accusers. First Pressley told CNN’s Ashleigh Banfield that the women were comparable to a lynch mob: Continue reading →

The Bill Cosby Follies: Idiotic Blog Post, Atrocious Apology, Lame Justification…Thanks, “TheWrap,” For This Lesson In First Amendment Abuse

/ Jack Marshall / 6 Comments

thewrap-logo

TheWrap is a web Hollywood news and gossip site. Picture TMZ crossed with Gawker.  It published an immediate candidate for the most unethical blog post of the year, always a closely contested category, a piece of cyber-offal by an industry writer named Rich Stellar that issued a combined attack on the women coming forward to prove Bill Cosby is a serial rapist, and the media’s coverage of it. I was happily unaware of Stellar, barely aware of The Wrap and definitely unaware of this utter crap until it was flagged in a Salon piece, which was in turn flagged by one of my indispensable scouts, Fred. What unfolded before me was a horrible spectacle of a despicably and dumber than a box of rocks opinion piece that no competent editor should allow to avoid the trash, a subsequent apology of sorts from the writer that shows such an ethics deficit that he should probably have a 24-hour keeper, and, finally, his editor’s defense of her wretched editorial judgment based on the theory of the First Amendment, which she appears to think means “You have to publish any garbage any fool writes no matter how poorly conceived or reasoned, or you are unAmerican.”  But I am getting ahead of myself.

The Blog Post.

Read it all if you dare. Here’s Stellar’s money quote, which distills most of the cretinism without forcing you into Hell: Continue reading →

Comment of the Day: “Ethics Dunce: ESPN”

/ Jack Marshall / 11 Comments

domestic_violence

I know I have written a lot about the Ray Rice domestic abuse case and its aftermath, most recently this morning, regarding CNN’s Carol Costello’s warped argument for suspending ESPN commentator Stephen A. Smith. (The Rice-related posts are here, here, here and here, with an earlier Comment of the Day here.) I keep coming back to it because it involves many ethics issues: sports and violence, the “Star Syndrome,” and the special treatment of cultural celebrities, race, domestic abuse, women’s enabling of domestic abusers, political correctness, scapegoating, corporate cowardice, incompetent journalism, and more.  Chris Marschner’s recent comment on one of those posts is better than anything I’ve written on the topic, I think. As is often demonstrated here, the readers make Ethics Alarms work.

One connection I didn’t make until I read Chris’s comment is the relevance of the Gaza crisis and the public’s reaction to it to some of the ethical principles involved. There is no question that Hamas provoked a violent attack by Israel, knowing that women and children would be harmed, and that Israel would be condemned by many as a consequence. Israel is much more powerful than Palestinian forces, and provoking it to defend itself when the inevitable results will be harm to the powerless is irresponsible. Yet we hear the same absolutist reactions to the Gaza casualties that are at the root of the anger focused on Smith’s comments. The victims of violence are never responsible in any way, and suggesting otherwise is immoral.

It’s a very flawed analogy in other respects. The civilians are not the ones provoking Israel, for example, though Hamas represents them–their harm is harm to Gaza, and therefor Hamas. Most of all, Israel is not an abuser, though I could quote many commentators who regard it as one, and who might see the comparison with Ray Rice as apt.

Here is Chris Marschner’s Comment of the Day on the post, Ethics Dunce: ESPN: Continue reading →

CNN Presents The Carol Costello Rule: If A Network Issues One Unethical Suspension Of An Innocent Employee Based On Deranged Political Correctness, It Is Obligated To Issue Another

/ Jack Marshall / 5 Comments
Smug, dishonest, unprofessional, illogical, unfair, biased, unethical: "THIS is CNN."

Smug, dishonest, unprofessional, illogical, unfair, biased, unethical: “THIS is CNN.”

I just have to stop watching CNN is the morning, because it places everyone in my house at risk for head shrapnel.

The main danger is the smug, biased, ethically-jumbled Carol Costello, CNN’s late morning anchor after the New York governor’s telegenic brother has finished indoctrinating us into his view of the world. Today, Costello was taking a victory lap, implying that she helped get Stephen A. Smith suspended by ESPN for daring to suggest that women bear some responsibility for avoiding placing themselves within range of an abuser’s fists. (Interestingly, Costello had no similar directives for ABC, which quietly allowed Whoopie Goldberg to make the same (valid) point on “The View” with no adverse actions whatsoever. See, a woman is allowed to state some uncomfortable truths, but the same truth in the mouth of a man is offensive. Learn the rules, for heaven’s sake!) Then Costello played a clip of her earlier argument why ESPN was wrong not to suspend Smith. She said …

“It’s nice that Smith apologized, but I wonder if the network will do what it ought to do and suspend Smith. Look, in 2012, the management of ESPN expressed outrage when two employees used the phrase “a chink in the armor” when referencing  Jeremy Linn, the Asian Basketball player. One employee was suspended for 30 days and the other was fired. So why is ESPN giving Smith a pass?”

Continue reading →

Ethics Dunce: ESPN

/ Jack Marshall / 23 Comments
"That will teach you to fudge the truth, Smith. Remember, you're a journalist!"

“That will teach you to remember to fudge the truth, Smith. Remember, you’re a journalist!”

Item: ESPN suspends Stephen A. Smith. Why? In response to the uproar over the NFL’s suspension of domestic abuser Ray Rice only two games for punching a woman’s lights out—the love of his life!—Smith uttered the blasphemy that some victims of domestic abuse share responsibility for their plight. Of course, he is 100% correct, and this something that many women must hear, learn, and act upon, or perhaps die. The proof: the precise case that prompted Smith’s comments! Janay Palmer, Rice’s punching bag, refused to file a complaint against him, and married the bastard a couple of months after he hauled her unconscious body out of a hotel elevator like a sack of potatoes, caught on camera.

If (I would say “when”) she gets clocked again, is she partially responsible? Absolutely. I also think she’s responsible in part for the injuries of every abused woman who follows her high-profile, irresponsible, violence-provoking (I use that unfortunately inexact word as Smith used it) example.

Smith’s suspension—for a week, almost as long as Rice— to mollify the feminist apologists for their violence enabling sisters, is craven and wrong.

________________________

Facts: ESPN

The Ray Rice Affair: Defending Stephen Smith (and Blaming the Victims Of Domestic Abuse When They Behave Like Rice’s)

/ Jack Marshall / 32 Comments
The love birds. Luckily, she can take a punch.

The love birds. Luckily, she can take a punch.

I came close to writing about the latest disturbing turn in the Ray Rice affair—the fact that the Baltimore Ravens star’s ugly domestic abuse, caught on a hotel elevator camera, was recently deemed to warrant only a two game suspension by the NFL. I think this is a fairly accurate representation of how seriously that league and a segment of the professional sports culture take the problem of domestic abuse—wait until you hear all the cheers for Rice in his first day back on the field—but I had already registered my disgust at Rice’s lack of sufficient punishment for this incident. Then ESPN analyst Stephen A. Smith was pilloried by female pundits for daring to suggest that the victims of domestic abuse sometimes share responsibility for what happens to them, and need to take action to prevent further beatings. ESPN colleague Michelle Beadle, noting that she was once in an abusive relationship, erupted in indignation, saying she “would never feel clean again” after taking reading Smith’s comments, and wrote,”I’m thinking about wearing a miniskirt this weekend…I’d hate to think what I’d be asking for by doing so… “Violence isn’t the victim’s issue. It’s the abuser’s. To insinuate otherwise is irresponsible and disgusting. Walk. Away.”

Of course,  other pundits, websites and blogs followed Beadle’s lead—did you know there’s a war on women?—because you just don’t dare get on the wrong side of this kind of issue. The problem is that in the context of the Ray Rice episode, Smith was making a valid point that is made too seldom because of The Beadle Rule, that women who are abused share no responsibility for their fate, and to even suggest otherwise is proof positive of misogyny. That is a politically correct lie, and Smith should not be attacked for telling the truth, albeit inarticulately. Continue reading →

Being Fair To Hillary

/ Jack Marshall / 6 Comments
"I'm doing this because I think it makes me look passionate..."

“I’m doing this because I think it makes me look passionate and sincere…”

I wanted to write about fairness this morning, in part because a troll that I ended up banning yesterday kept insisting that the ethical value of fairness was about “feelings.” (Have you visited, by the way, the excellent website, listed among the links here, fairness.com? You should!) That’s nonsense, but it is certainly true that fairness is often a controversial concept, and opinions of what constitutes fairness can diverge widely.

In the process of the mainstream media trying to ram Hillary Clinton down our throats as the next oppressed group President who couldn’t be impeached no matter what she did—and how entertaining it is watching Chris Cuomo grimace, roll his eyes and bite his tongue as his female CNN colleagues shift into “Yay Hillary!” mode every morning—, the pro-Hillary journalists are increasingly becoming full-fledged campaign flacks, which is disgraceful. Watch this interview with Sen. Ted Cruz, for example, in which CNN’s Erin Burnett plays the role of a Clinton defender on Benghazi without any hint of objectivity at all. They are also, however, having to cope with the uncomfortable facts of Clinton’s career, and if they intend to keep defending her—and they do—the hypocrisy will become overwhelming.

The Melinda Henneberger of the Washington Post, for example, notes that “an unpublished interview” has surfaced in which Clinton expresses glee at the acquittal of an accused child rapist she was defending. The documents from the case show that Clinton, who was defending the man pro bono as a young lawyer, offered the kind of defense that feminists condemn, questioning the conduct and the propriety of the victim. Henneberger pre-empts criticism by properly explaining the lawyer’s duty of zealous representation before she even describes what Clinton did. Would she have handled such a story the same way if the young lawyer had been “War on Women” monger Mitt Romney? I doubt it very much. Similarly, Jennifer Rubin in the same paper wonders if the media will use Clinton’s wealth, employment of tax reduction strategies and presumed greed against her, as it did Mitt. Good question, though the answer is pretty obvious, I think. Continue reading →