civil rights

Ethics Hero: Judge Richard Posner

/ Jack Marshall / 130 Comments
Sure, you have a right to think there's something wrong with that, but the state has no business acting as if it thinks so too.

Sure, you have a right to think there’s something wrong with that, but the state has no business acting as if it thinks so too.

Because Judge Richard Posner of the 7th Circuit Court was appointed by Ronald Reagan, he is usually describes as a conservative judge. He’s better described as an unusually smart, articulate, thoughtful and courageous judge, and in responding to oral arguments  lawyers for Wisconsin and Indiana defending their state’s marriage bans, he proved it.

I have frequently attempted to draw a distinction between those guided by archaic religious morality that causes them to regard same-sex marriage as sinful, and the attempt to use the government, which must not be guided by religion to make such marriages illegal. Morality doesn’t have to be defended by logic—God works in mysterious ways, you know—but laws do. A complete evisceration emanating from a place of authority of the specious and often absent reasoning behind gay marriage bans was much needed, and knowing that he risked criticism as a “judicial bully” for doing so with gusto, Judge Posner came through.

Here is a sampling of the barrage he placed on Indiana Solicitor General Thomas Fisher and Wisconsin’s assistant attorney general Timothy Samuelson: Continue reading →

Ferguson Ethics Train Wreck Update: The Mayor of Atlanta Tells “Meet The Press” That “Justice” Means Prosecuting Officer Wilson

/ Jack Marshall / 17 Comments

kasim-reed

There should be no question about it any more. The nearly unanimous position, stated or unstated, by elected Democratic and African American officials is that Officer Wilson, the Ferguson police officer who shot the unarmed, 18-year-old Michael Brown, should be charged with murder. That position represents a triumph of group identification, political expediency and bias over the rule of law and, yes, in defiance of that cynically wielded term “justice,” and it needs to be rejected and condemned at the highest levels of our society. Who is going to have the courage to do it?

Certainly not the news media. This morning on the David Gregory-less “Meet the Press,” the stand-in for the fired host interviewed Democratic Missouri Governor Jay Nixon, who talked exclusively in code about “justice” and “transparency.” Nixon, you will recall, has already stated his view that Wilson should be prosecuted, so his mouthing platitudes now about “transparency” ring like the sly plotting of the villains in old Westerns. You know the type: the cattle baron who owns the town and the sheriff devises a way to remove an obstreperous opponent who won’t toe the line by framing him and convicting him of murder. “Make it look niiice and fair, right by the book!” he snickers to his henchman. That was Nixon today.

Then the questioning turned to NBC round-table guest Kasim Reed, the African-American Mayor of Atlanta, who was asked about how to ensure a just result in the case. His answer was frank, if jaw-dropping: everyone, including jurors and officials, should see the incident “through the eyes” of Brown’s parents, “whose son was shot six times in front of four witnesses and left lying in the street for hours.” Continue reading →

Comment of the Day and Ferguson Thread Highlight: Chris Marschner On The Elusive Equal Treatment Problem

/ Jack Marshall / 4 Comments
Doesn't seem right, somehow...

Doesn’t seem right, somehow…

At least one good thing has out of the Ferguson Ethics Train Wreck, anyway: several unusually intense, frank and thought-provoking threads about race, “privilege” and poverty led by Ethics Alarms All-Stars Chris Marschner, deery, and urbanregor, with trenchant contributions by others as well. The most vigorous thread emerged here, in response to Marschner’s Comment of the Day on this post, on the unfolding Ferguson situation.

I could have chosen any number of comments to highlight by a separate post, but decided on this one, by Chris. First of all, it is remarkably thoughtful. Second, it transcends Ferguson and addresses the larger, related issues of poverty and perceived inequality of opportunity in the U.S. Third, it constitutes a first: a Comment of the Day, by the author of a Comment of the Day, commenting on his own piece. Guinness has been notified.

Here is Chris Marschner’s Comment of the Day on his previous post, Comment of the Day: “Ethics Train Wrecks Collide, As The Redskins And Trayvon Martin’s Mother Board The Ferguson Express”: Continue reading →

Wishing Ethics: What Should We WANT The Outcome To Be In Ferguson?

/ Jack Marshall / 14 Comments

finger-crossed

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 of 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 →

Comment of the Day: “Ethics Train Wrecks Collide, As The Redskins And Trayvon Martin’s Mother Board The Ferguson Express”

/ Jack Marshall / 66 Comments

lynch mob

I had just read a nauseating post by self-declared liberal pragmatist Justin Barogona, who authored this despicable sentiment:

“The fact is that the protests would quickly simmer down if a handful of actions were taken, none of which involves SWAT teams, tear gas, riot gear, assault rifles or armored vehicles. The moment Ferguson police officer Darren Wilson gets charged with the murder of Mike Brown, the city of Ferguson won’t find itself overtaken with protests, rallies and marches…Wilson needs to be charged with a crime, and that needs to happen sooner rather than later. Anger and frustration will only continue to build upon itself as long as Wilson isn’t staring down a murder charge.”

This is essentially extortion, bordering on terrorism, I thought. Is this really mainstream liberal thought today in the United States—mob coerced indictments, regardless of truth, due process or fairness? Sacrifice a possibly innocent public servant so Ferguson, Mo. won’t burn? Bragona’s smug insistence that the obvious course of action is to charge a man with murder for political expediency marks him as beneath contempt, an enemy of the rule of law as well as basic fairness and decency. But how close is the position of Eric Holder and the Justice Department, as well as President Obama?

This story, telling us the the Obama Administration is promising civil rights leaders “justice,”  is ominous. “Justice,” to the protesters and those who decided to make the death of Mike Brown another symbolic indictment of white racism, and the facts be damned,means only one thing: tar Darren Wilson as a racist killer. Is Obama playing a dangerous game of deceit with his core supporters, or is he merely promising justice as it is supposed to be, letting the law follow the facts after an objective investigation? The latter is the obvious ethical and responsible course, indeed the only legitimate course. I don’t believe that is what is intended or meant, however. I think the Obama Administration is determined to prosecute Wilson regardless of what the investigation reveals, because it does not have the integrity or courage to oppose the mob, and “liberals” like Bragona.

Then I read about  Isis beheading photo-journalist James Foley, and their threat to kill another American if Obama doesn’t capitulate to their demands. As the two situations began to coalesce as a blog post in my fevered brain, Chris Marchener posted what follows, making my post superfluous.

Here is his Comment of the Day on the post, Ethics Train Wrecks Collide, As The Redskins And Trayvon Martin’s Mother Board The Ferguson Express: Continue reading →

Ethics Observations On The Latrez Cummings Sentence

/ Jack Marshall / 18 Comments
"I understand, son. We've all been at that awkward, "just want to beat the old white guy to death" age...."

“I understand, son. We’ve all been at that awkward, “just want to beat the old white guy to death” age….”

Detroit Third Judicial Circuit Judge James Callahan sentenced 19-year-old gang member Latrez Cummings to six months in jail for his participation in the mob beating of Steve Utash, a 54-year-old white man who jumped out of his car to assist a 10-year-old African-American boy after his pick-up truck hit the child. Cummings and at least 20 others on the scene attacked Utash and beat him severely, leaving him with permanent brain damage.

Judge Callahan told Cummings that the lack of a father was what led him to his current plight. “That’s all you have needed in your life, a father, someone to discipline you, someone to beat the hell out of you when you made a mistake,” Callahan lectured Cummings. “Without the guidance of a father, being 19 years of age, I can understand how some of these problems existed in the past.” The judge added that Cummings has suffered without “somebody to beat the hell out of you when you made a mistake.”  With the further rationalization, “We’ve all been 19 years of age, ” Callahan handed down the six month sentence, to be followed by probation.

The prosecutor, to her credit, went nuts. Said Assistant Wayne County Prosecutor Lisa Lindsey: Continue reading →

Ethics Quote Of The Week: Prof. Glenn Reynolds

/ Jack Marshall / 52 Comments

 

Obama float

“To even investigate something like that is itself a civil rights violation.”

—-Prof. Glenn Reynolds, the “Instapundit,“ commenting on the news that the Department of Justice is investigating as a possible civil rights violation the anti-Obama float that appeared in a Nebraska Independence Day parade.

He is correct. This is government intimidation and an attempt to chill political speech. The float was crude and its sentiment was misplaced, but sending government agents to investigate it is indistinguishable from sending the FBI to knock on your door after your letter to the editor  critical of the President appears in the paper.

Where are the liberals who will have the integrity to call this what it is?

I can’t wait to find out.

In Massachussetts, The NAACP Flunks An Integrity Test

/ Jack Marshall / 35 Comments
Jaywalking, domestic abuse...what's the difference?

Jaywalking, domestic abuse…what’s the difference?

What is the mission of the NAACP in 2014? Is it, as was once the case, to advance the prospects of African-Americans in the U.S. by ensuring their equal treatment under the law, respect and regard within the culture, and aggressive efforts to cure stubborn cultural handicaps within the black community? Or is it merely an advocacy group that determines right and wrong on the basis of skin color, and nothing more?

The conduct of the New England chapter of the NAACP in defending  State Rep. Carlos Henriquez strongly suggests the latter.

Henriquez is a disgrace in every respect—to his constituents, the legislature, the state, his gender, his race. Here is part of the police report of what got him convicted of two counts of assault: Continue reading →

What Do You Do With The Racist Frat House?

/ Jack Marshall / 51 Comments

Arizona frat party

Tau Kappa Epsilon fraternity at the University of Arizona decided that hosting an African-American stereotype party on Martin Luther King Day was a cool idea, and soon thereafter posted photos of the bash on various social media, showing drunk students posing like rappers,wearing baggy pants around their knees and drinking liquor out of watermelon cups.  The college community was appropriately horrified, and many are calling for the fraternity to be expelled for the incident and the students who attended the party punished. The Detroit Free Press story about the incident is headlined, “Racism or Free Speech”? This is the equivalent of a headline saying “Stupidity or Freedom of the Press?” It’s both. That’s the conundrum. Continue reading →

Racism, Abuse of Power, And Grosse Pointe Abu Graib

/ Jack Marshall / 18 Comments
This story is so upsetting, I recommend periodically checking this picture to get you through it. It helped me.

This story is so upsetting, I recommend periodically checking this picture of a Jack Russell puppy to get you through it. It helped me, anyway.

This, I think, should be a crime, and perhaps it is, a civil rights law violation. The police officers who perpetrated this outrage on African-Americans—I really don’t care what the victims did, from petty theft to mass murder, it doesn’t matter–need to be jailed, and for a long, long time. I wish they could be deported. They aren’t Americans. They are viruses.

In Grosse Pointe Park, the ritzy section of Detroit—which sounds like an oxymoron, I know—police forced African-American citizens to sing, dance, and make noises “like a chimp.” Then, like idiots everywhere, these cops posted the videos of this racist cruelty online. They were proud of it, you see.

The racism alone is sufficient cause to fire these villains, but bigotry alone isn’t a crime. Using police power to humiliate another human being, strip him of dignity and attack the essence of his humanity is a crime, whether it happens to fit the specifics of any statute or not. What the Detroit police did was the domestic, racist equivilent to what was done to the Abu Ghraib Muslim prisoners, which Rush Limbaugh, to his permanent shame, called “just fooling around.” Treating another human being as a toy, a prop, and a puppet isn’t fooling around, it is dastardly. Showing such contempt and disrespect for American citizens based on color, creed, or on any basis smacks of a domestic Kristallnacht. When the military or the police do it in our name, it implicates all of us, undermines trust in government, impugns the honor of good and professional police officers and soldiers, and divides communities, races, and civilizations.

It has to be a crime. And every second those officers are allowed to keep their badges disgraces Detroit, Michigan, and the United States of America.

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Facts: New York Daily News