Chauvin murder trial

May The Fourth Ethics Warm-Up: The Derby, Booing Mitt, And Other Pastimes…

/ Jack Marshall / 37 Comments

Besides the terrible pun, May the 4th has great ethical significance in U.S. history. The children of the Sixties have the date seared into their memories as the 1970 tipping point in the Vietnam war protests. Twenty-eight young and badly trained National Guardsmen fired their weapons at a group of anti-war demonstrators on the Kent State University campus. Four students were killed, eight were wounded, and one was permanently paralyzed. The tragedy didn’t make the war any more or less wrong, but it massively shifted sympathies to students, protesters, and the one-time punchline of the previous few years, hippies. Future U.S. activists learned the lesson of Kent State well: if you can goad the opposition into violence, it is a victory for the cause, just and reasonable or not. This makes no sense, of course, other than being the ideal use of the cognitive dissonance scale

But Kent State doesn’t came close to the impact of the Haymarket Square Riot in Chicago, Illinois on this date in 1886. A bomb was thrown at a squad of police attempting to break up a peaceful labor rally that was getting rowdy. The police responded to the bomb by wildly shooting into the crowd, killing more than a dozen people and injuring hundreds. The episode had wide-reaching effects in labor, law and politics, galvanizing the union movement, leading to great political courage by some politicians (like Illinois Governor John Peter Altgeld, who pardoned three arrested activists who hadn’t been executed or died in 1893) and craven expediency by others.

The episode was also the major catalyst in bring a small-time lawyer named Clarence Darrow to Chicago, and inspiring him to be a labor lawyer.

1. More on Brandon Mitchell, the Chauvin juror who couldn’t keep his mouth shut. The photo of Mitchell wearing a Black Lives Matter T-shirt at a protest in Washington D.C. last August…

…has some legal experts…and me…wondering if the chances of the Chauvin verdict being overturned just got a whole lot better. “I’d never been to D.C.,” Mitchell humina-huminaed about his reasons for attending the event. “The opportunity to go to D.C., the opportunity to be around thousands and thousands of Black people; I just thought it was a good opportunity to be a part of something.”

Part of what, exactly, sir?

Brandon also says he doesn’t recall wearing such a shirt. That’s not encouraging regarding his honesty, is it?

Meanwhile, in the story about the latest development in the George Floyd Ethics Train Wreck, the AP writes,

A photo, posted on social media, shows Brandon Mitchell, who is Black, attending the Aug. 28 event to commemorate Martin Luther King Jr.’s “I Have a Dream” speech during the 1963 March on Washington. Floyd’s brother and sister, Philonise and Bridgett Floyd, and relatives of others who have been shot by police addressed the crowd.

Others who have been shot by the police? Floyd was shot too? I did not know that!

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This Is Not The Statement Of A Juror In A “Fair Trial” [Updated]

/ Jack Marshall / 16 Comments

This is the first crack in the dam, and there will be more. I was certain this was coming.

Brandon Mitchell, a black, 31-year-old high school basketball coach on the jury that convicted Derk Chauvin, spoke to the Wall Street Journal saying that “staying anonymous wouldn’t help push for change.” If he wants Chauivin to say convicted, he should have kept quiet. From the interview (WSJ has a paywall—sorry):

Mitchell said he was pulled over for no reason by Minneapolis police dozens of times in his early 20s, usually driving his mother’s aging Chrysler Sebring. He said he has always told his players to follow the checklist his mother gave him during these encounters. Take your hat off; announce what you’re doing; be polite; do what you’re told.

Then Mitchell tells the Journal that serving on the jury made him see it was wrong that a person should be so afraid that a police officer could do them harm that they needed to change their behavior, adding,

“That’s also part of the reason why I’m speaking up now because that is a narrative that is horrible…So somebody follows directions or not, they don’t deserve to die. That’s completely ridiculous.”

THEN Mitchell says he “related” to Floyd, saying,

“I just related to it too much.Being big, you know, former athlete and all these things—it just, it really just hit home… It just felt like something that easily could have been me or anybody else that I know.”

Good thinking there, Coach! And America, welcome to the jury system.

Rueful observations in random order:

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Assorted Ethics Items, 4/23/2021: I Can’t Talk Or Eat, But I Can Still Write. And Think, Sort Of…[Finally Corrected!]

/ Jack Marshall / 16 Comments

Well, THAT was certainly unpleasant…made a root canal seem like the warm embrace of a succubus by comparison…

1. An alternate juror in the Chauvin trial gave an interview. She seems like a pretty rational sort, but two comments support the contention that the trial was not a fair one:

  • “I did tell them that I saw the settlement run across the bottom of the screen one day…I was not surprised there was a settlement, but I was surprised they announced it beforehand.” She also said she understood that civil trial and criminal trial standards were different, but the fact that the city essentially announced that its police were liable for Floyd’s death cut the legs out from under Chauvin’s defense.
  • “I did not want to go through rioting and destruction again and I was concerned about people coming to my house if they were not happy with the verdict.” If any jurors feel that way, it’s not a fair trial.

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Wednesday Wrap-Up For A Post-Chauvin Trial America, 2/21/21 [Corrected]

/ Jack Marshall / 8 Comments

I guess I have to come clean: I thought I had posted this before noon. Guess not. So a Morning Warm-Up became a late night wrap up…

1. The trial was a sporting event? I did not know that! ESPN included the Chauvin guilty verdict in its list of important sports news today. Apparently, it’s sports news because a lot of athletes are going to shoot off their mouths about it, spreading ignorance far and wide.

2. Deranged Quote of the Day: “Where are the disabled, queer, poor, gender diverse, dogs of colour and single-parent dog families in Bluey’s Brisbane?” That comes from ABC Everyday’s Beverley Wang. The Disney+ program, we are told :

….is the award-winning, mega-hit animated series about the Heelers, a family of dog-shaped humans — parents Bandit and Chilli, four-year-old Bingo, and six-year-old Bluey — who live in a gorgeous Queenslander with city views, perched on a lush hilltop in sunny Brisbane.

The only way to handle people who poison minds and the the culture with ideas like this is to be merciless, and slap them down with the classic reaction of “Sidney Wang”:

Being nice just enables them.

3. From the False Narrative files: Yahoo! News correspondent Jon Ward authored a piece of counter-factual propaganda headlined, “Chauvin’s guilty verdict is a major milestone in America’s reckoning with racial justice.”  As I have tried to point out repeatedly, there is no evidence that George Floyd’s fate would have been any different if he had been white, Asian-American or a Smurf. None. NONE. There is no evidence that Chauvin was a racist, or that race played any part in his brutal treatment of Floyd. The fact that activists, politicians and the journalists seized on the symbolic imagery of a white cop’s knee on a black man’s neck and exploited it shamelessly doesn’t change the facts. This was not a racial incident. If the jury convicted Chauvin thinking that it was, then they were misled.

Ward’s essay is a good starting place for anyone who wants to understand  how far journalism has sunk.

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Ethics Reflections And Questions On The Chauvin Verdict, Part 2

/ Jack Marshall / 7 Comments

Part 1 is here. As I expected, there was a lot of dubious as well as perceptive commentary after the verdict, and some related events with ethics implications.

1. I’d comment on this, but Ann doesn’t allow comments any more...The only note Althouse had on the verdict was a detached, “I’m sure that is an immense relief to many, many people.” Not to me. I’m not relieved when the justice system allows itself to be dictated to by mobs. Nor am I relieved when racial significance is illicitly attached to a non-racial episode so activists can lie about it.

2. The reason why there was no reason to be “relieved” arrived quickly, in the form of the Democrat reaction to the police shooting of 15-year-old Ma’Khia Bryant in Columbus, Ohio. Body camera footage showed Ma’Khia charging at another young woman apparently preparing to stab her with a knife. Attorney Ben Crump, looking for the next black family he can represent and the next white police officer he can demonize in the press, referred to Ma’Khia as “unarmed” in a tweet. “Squad” member Ayanna Pressley tweeted, “Black girls deserve girlhood — uninterrupted. Black girls deserve to grow up and become women” —apparently even if they kill other black girls on the way to growing up. Senator Sherrod Brown disgracefully tweeted, “While the verdict was being read in the Derek Chauvin trial, Columbus police shot and killed a sixteen-year-old girl. Her name was Ma’Khia Bryant. She should be alive right now.”

Naturally, BLM protests erupted in Columbus. When Ethics Alarms says “Facts Don’t Matter,” I’m not being cute. The push to brand virtually any law enforcement action against black lawbreakers as racist and an example of police misconduct will gather power with each perceived victory. The effort to bully elected officials and juries into discarding due process and sound policy to accomplish this will not stop or weaken until enough Americans have the courage to brave accusations of racism and say “Enough.”

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Ethics Reflections And Questions On The Chauvin Verdict, Part I

/ Jack Marshall / 34 Comments

I haven’t read much commentary on yesterday’s verdict yet. I’m assuming that I’ll have more observations later in the day.

1. Ultimately, it appears that the jury just decided that it wasn’t worth it to acquit Derek Chauvin even if there was reasonable doubt. That’s sad, but the calculation can be defended on utilitarian grounds, meaning that, ironically, the arguably unethical decision to discard the law, individual rights, a fair trial and the integrity of the justice system might have been an ethical decision because it will cause less harm in the long and short run. In other words, it can be defended as a decision in which ethics won and the law lost.

I’m not saying that I would defend it that way, but I acknowledge the argument as respectable.

2. It is important to remember that cases where verdicts were based on emotion, human nature, and sociopolitical dynamics rather than the evidence and strict adherence to the law have occurred periodically, and will continue to do so.

The Nuremberg Trials were travesties from a legal standpoint, and the verdicts “ethical” only in the sense that a formal, solemn statement that some conduct is so heinous that civilization has an obligation to reject it was deemed more important than such niceties as avoiding hypocrisy or respecting the law’s aversion to ex-post facto legal penalties. The trial of the alleged conspirators to murder Lincoln was as rigged as a trial can be. This isn’t an “it happens all the time” excuse for the Chauvin trial, but a reminder that the Chauvin case isn’t the cataclysmic scar on the justice system that many will claim it is.

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Unethical And Intolerable: Waters, Babbitt, Sicknick, Part 1.

/ Jack Marshall / 22 Comments

intolerable

The United States is now being consumed by a wave of audacious double standards and hypocrisy, rooted in racial bias and oppressive partisanship. Exposing it, condemning it and opposing it is to invite “cancellation” and being tarred as an ally of white supremacy. In the words of George H.W. Bush to Saddam Hussein, “This will not stand.”

I. Rep. Maxine Waters.

By any fair and reasonable standard, Waters’deliberate attempt to incite violence and law-breaking among already agitated and agitated protesters in Brooklyn Center, the Minneapolis suburb where Daunte Wright was killed, should earn her serious sanctions from Congress, her own party, and by the standards previously asserted by her party, the justice system. She exhorted the potential “mostly peaceful” mob to “get more confrontational” when the city had already seen burning, looting, and attacks on police. She directly threatened the jury in the Chauvin trial just a few miles away. In response, the judge in that trial, Peter Cahill, castigated Waters by name as the trial went to the jury, saying that her words were “disrespectful to the rule of law,” and adding,

“I’m aware that Congresswoman Waters was talking specifically about this trial, and about the unacceptability of anything less than a murder conviction, and talk about being ‘confrontational.’ [I wish] elected officials would stop talking about this case…I think if they want to give their opinions, they should do so in a respectful and in a manner that is consistent with their oath to the Constitution, to respect a coequal branch of government.Their failure to do so, I think, is abhorrent.”

Then, whistling in the dark, he tried to deny the obvious, saying that her comments wouldn’t affect the jury because he had instructed them not to pay attention to them. Right. Everyone knows that the old “pretend you didn’t hear what you heard’ command is a perfect remedy. (See: “The Verdict.”) Pathetically, Cahill said that one congresswoman’s opinion “really doesn’t matter a whole lot anyway.” Then why did the judge take the extraordinary course of mentioning it during the trial?

Cahill’s refusal to sequester the jury after Wright’s death was a terrible error, and it is coming back to haunt him quicker than anyone could have predicted, thanks to Waters. Later, the truth battled its way out of his mouth and he blurted out that Waters “may have given” the defense grounds “on appeal that may result in this whole trial being overturned.”

And yet Nancy Pelosi, who led a contrived impeachment of Donald Trump for urging demonstrators to peacefully protest because she claimed it sparked an “insurrection,” claimed nothing was amiss with Waters’ speech. “Maxine talked about confrontation in the manner of the Civil Rights movement. I myself think we should take our lead from the George Floyd family. They’ve handled this with great dignity and no ambiguity or lack of misinterpretation by the other side…No, I don’t think she should apologize.”

The rule, then, appears to be that a Democratic Congresswoman can cross state lines to urge an already inflamed crowd to get “more confrontational” while threatening a demonstration showing that it “means business’ if a jury does not provide the verdict she demands, while a Republican President should be impeached and charged with a crime for urging demonstrators to peacefully protest what they and he believe to be an undemocratic election.

Is it material that the Congresswoman inciting a riot is black, and the President who called for a peaceful protest is white? Are we allowed to wonder? Is it permissible to consider reality?

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Daunte Wright Dining Car Specials On The George Floyd Ethics Train Wreck…

/ Jack Marshall / 15 Comments

1. “Nah, there’s no mainstream media bias!“ Naturally, the New York Times has a ticket…The Timed headline in its print edition: “Minnesota Police Kill Another Man As Tensions Build.” Oh, did the jury rule that the Minnesota police officers killed George Floyd already? They didn’t? Then what the hell is the New York Times saying “Another” for?

The news media decided that Derek Chauvin is a murderer and has been repeating that assertion as fact for almost a year now.

2. Wait, the Chaivin jury hasn’t been sequestered? Chauvin’s lawyer, Eric Nelson, had argued yesterday that the jurors should be ordered to avoid all media and spend the rest of the trial sequestered, because he feared that rioting in the nearby community where the Wright shooting took place might limit their ability to be fair jurors. The unrest will be at “forefront of the jury’s mind-set,” Nelson argued. He also asked for new interviews with the jurors to determine whether this recent event had already biased them. The judge, Peter Cahill, denied both requests. “This is a totally different case,” the judge held, since the current riots aren’t about a jury verdict but a shooting.

Wow This pretty much convinces me that this is a kangaroo court, and that the judge is trying to do his best to see Chauvin convicted.

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Morning Ethics Warm-Up, 2/2/21: The All-****Swaddle Edition

/ Jack Marshall / 17 Comments

1. Just a little insurrection. Georgia state Rep. Park Cannon was arrested last week after attempting to barge into the office where Gov. Brian Kemp was signing a the new Georgia voting reform bill into law. Yesterday she argued that her actions were justified. Why? Because when a Democrat thinks a law is misguided, that justifies trying to stop the democratic process, apparently, as opposed to when citizens think that a Presidential election has been stolen. They are completely different. No really. They are.

“I believe the governor signing into law the most comprehensive voter suppression bill in the country is a far more serious crime,” Cannon said. That sounds familiar too, embodying several illicit rationalizations that the idiots who attacked the Capitol on January 6 also would probably echo. Legal act X that we disagree with justifies illegal act Y we resort to because since we disagree with it, Legal Act X is really a crime. This can, of course, be used to justify almost anything.

As with most statements by critics of the Georgia law, Cannon’s raise the question of whether she has actually read the thing or is just going on what she has gleaned from Democrat and news media propaganda. Cannon described the law as a “voter suppression bill” that with “one stroke of a pen….erased decades of sacrifices, incalculable hours of work, marches, prayers, tears and … minimized the deaths of thousands who have paid the ultimate price to vote.” She says this because the bill requires that absentee ballots be properly verified—nobody died to vote by absentee ballot—-and allows the state to take over when it looks like something fishy is going on with partisan election boards. If the bill really was so restrictive in its terms, those trying to demonize it wouldn’t have to make up stuff. President Biden repeated his lie about the law closing voting at 5 pm, a day after the Washington Post reluctantly noted that it was a whopper, or as Joe might say, “malarkey.”

Still, the news media is doing its level best to prop up the propaganda: Yahoo News, which really is a disgrace, referred to the law as adding “voter restrictions.” Meanwhile, Park is raising money for her legal defense on a GoFundMe page titled “I Stand With Park,” as the crowdfunding site bans citizen efforts to impose critical race theory indoctrination in the schools.”

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Post-Zoom Hangover Ethics, 3-31-21….

/ Jack Marshall / 34 Comments

People, even lawyers, just do not interact much in remote seminars. It makes a three-hour session far more tiring, even though I’m sitting down, rather than stalking through the space. Thus I am blotto now, after a legal ethics session earlier today.

1. And THIS is the best paper in the U.S…Two headlines on the New York Times front page this morning my high school paper faculty advisor would have rejected…and he would have been right:

  • “Gaetz Said To Face Inquiry Over Sex With Underage Girl” The fact someone says it is not news. Is he “facing an inquiry” or isn’t he? “Three people briefed on the matter” isn’t a source: we’ve seen how accurate the Times anonymous sources are, especially when the subject is a Republican, a conservative, and a Trump supporter. Why the front page for a rumor? Slow news day? Hey, I’ve got an idea: How about an article about how Joe Biden called Georgia “sick” based on a complete misrepresentation?
  • “Taliban Believes The War’s Over And They Won.” This is psychic news again, my favorite fake news form. How does the Times know what the Taliban “thinks”? Who cares what it “thinks”?

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