Ethics Quiz: The Firing Of Officer Daniel Pantaleo

The New York Police Department has finally fired Daniel Pantaleo, the officer shown on video with his arm bent around the neck of 43-year-old Eric Garner just before Garner died  after being tackled by five officers.  A departmental disciplinary judge recommended the action, and Pantaleo was suspended from duty pending further review.

“In this case the unintended consequence of Mr. Garner’s death must have a consequence of its own,” said O’Neill. “It is clear that Daniel Pantaleo can no longer effectively serve as a New York City police officer.” He also added, “If I was still a cop, I’d probably be mad at me.”

The Commissioner kept digging. Continue reading

Policing Ethics, Part Two: When Those Expected To Stand Up For The Law Can’t Stand Up For Themselves

Cellphone videos of New York City police officers being doused with water while trying to do their jobs became an internet sensation this week, and an unsettling (but inevitable) controversy for New York City.  The officers were trying to disperse rowdy groups at fire hydrants during a three-day heat wave, and allowed themselves to be assaulted and humiliated while  crowds cheered the attackers on.

The police arrested three men who were caught on video hurling water at police in two incidents. This also caused controversy. “Why is a man facing more severe punishment for dousing a police officer than Officer Daniel Pantaleo is for choking Eric Garner?” asked a Times article. That shouldn’t be a difficult question, but you know—the Times. Eric Garner was a petty criminal resisting arrest. The officers were doing their jobs, and Garner died as the result of an accident, in great part because of his own actions in defying the police. The police were also trying to do their jobs when they were doused with water, in an act that threatens the peace and order of the community.

The Police Department’s highest-ranking uniformed officer, Terence Monahan, the police chief, lit the fuse on a larger controversy, saying,

“Any cop who thinks that’s all right, that they can walk away from something like that, maybe should reconsider whether or not this is the profession for them.We don’t take that.”

But they did take that, and the Mayor of New York wants them to take that, because the whole idea of law enforcement is now, and has often been, anathema to progressive ideology. Continue reading

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

…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

Morning Ethics Warm-Up, 6/22/18: Boy, Am I Ever In A Bad Mood This Morning…

Good morning.

Grrrrr…

1. The TIME “Welcome to America” cover.  This is probably worthy of a full post, but I’m really sick of this topic, and losing respect for so many previously sane and reasonable people who have become blathering “Think of the children!” zombies that I want to spit.

TIME, that dying, irrelevant, completely left-biased news magazine, grabbed one last moment in the sun with this cover:

It nicely symbolizes the media dishonesty and public manipulation regarding the border mob of children, with or without parents. I assumed that the cover was symbolic art: obviously this stand-off never occurred. But TIME used a photo of a real Honduran girl who we were told in other media reports and viral social media rants was crying because she had been separated from her mother when mom was arrested for trying to enter the country illegally. As CBS reported today, though, the little girl was really crying because her mother was apprehended at eleven o’clock at night crossing illegally into the US, the tot was tired and thirsty. She was never separated from her mother at all. Here’s the original photo:

Perfect. Fake news, through and through. If TIME wanted to make a symbolic image, the magazine was obligated to either make it clear that it was art only. Using a photo that had already been falsely represented in the news media to represent exactly what it had been falsely claimed to represent advanced a lie. Here is the original photo:

The Daily Mail got  this part of the story  from the girl’s father:

Denis Javier Varela Hernandez, 32, said that he had not heard from his wife Sandra, 32, who was with his two-year-old daughter Yanela Denise, for nearly three weeks until he saw the image of them being apprehended in Texas.

In an exclusive interview with DailyMail.com, Hernandez, who lives in Puerto Cortes, Honduras, says that he was told yesterday that his wife and child are being detained at a family residential center in Texas but are together and are doing ‘fine.’ …

He revealed that his wife had previously mentioned her wish to go to the United States for a ‘better future’ but did not tell him nor any of their family members that she was planning to make the trek.

“I didn’t support it. I asked her, why? Why would she want to put our little girl through that? But it was her decision at the end of the day….‘I don’t have any resentment for my wife, but I do think it was irresponsible of her to take the baby with her in her arms because we don’t know what could happen.”

2. Charles Krauthammer. Unfortunately, this is what I will most remember about the conservative columnist and commentator who died yesterday. After the first Republican candidates debate, the one in which Megyn Kelly called out Donald Trump on his habitual misogyny, Krauthammer, today being lauded for his brilliance and perception, stated unequivocally that Trump had proved himself “not ready for prime time,” and that hos poor performance in the debate had effectively ended his candidacy. Continue reading

An Ethics Riddle: What Do Starbucks And The University Of Virginia Have In Common?

They both called the cops on someone who was violating a policy. Only one of them, however, was accused of racism.

Bruce Kothmann, a University of Virginia alumnus, read aloud from his Bible on the steps of the school’s Rotunda this week, so university police came make him stop. He did stop, because he didn’t want to be arrested. For such public speech is no longer allowed at the public university. The Rotunda is not one of the places the university has designated for public speech by outsiders. Kothmann was on to campus because his daughter had just finished her sophomore year, but was reading from his  Bible with him to challenge the school’s  policy limiting speech on campus.

A terse reader comment on the story said, “This is basically what happened at Starbucks.” The comment is correct.

Would UVA have sent the police to silence a black parent? My guess: no, and if it had, the school would be grovelling in the dust right now, begging for forgiveness. Unless the school could quickly point to a white transgressor who got the cops called on him, a charge of race bias would be devastating, and, of course, effective.

You recall the Starbucks episode: I covered it here. Two African Americans were informed of a Starbucks policy that required those using the facilities to be customers. The men refused, the manager called the police claiming trespass, and the rest is ugly, race-baiting history. The two men could have left just as Mr. Kothmann agreed to stop reading, but that’s just moral luck. The reader was right: the episodes were the same….except for the race of the violator involved.

The Ethics Alarms position is that both policies, that of the university and the old Starbucks policy, are reasonable, with the Starbucks policy being the more  defensible, since UVA is a public university and has the First Amendment to contend with. Never mind: the news media and the social justice social media mob have little interest in a white man being stopped by police from reading that old rag, The Bible, but if two black men violating a private business’s reasonable policy have that policy enforced against them, that’s intolerable.

We have the birth of a new racial privilege, now extending beyond police shootings (a white cop can safety shoot a threatening white suspect, but not a black one) to other forms of previously justifiable conduct. Continue reading

Morning Ethics Warm-Up, 1/9/2018: Plan O, Bad Punditry, Racist Trash Talk, And Disrespecting a 101 Year Old Star

Good morning, World!

1 Golden Globes hangover I. Following up on a point made in yesterday’s Golden Globes post, presenter Natalie Portman’s much-praised but unfair innuendo that the directors nominated in the “best director” category were there because of gender bias rather than the quality of their work was an example of shooting the bystander rather than the villain. The fact that women don’t get the opportunities to direct major films that men do–as a result of many factors, none of which relate to the relative directing abilities of the two pools–is not the fault of the male directors who get the jobs, nor does the fact of discrimination make the films that women do get to direct inherently better and more award-worthy than they are.

That said, the bias against female directors is real, and dumb. Here is an excellent article about it.

2. A Nation of Silly People. I warned that electing Donald Trump as President would eventually turn us into a Nation of Assholes, and that has come to pass with unexpected rapidity. I did not see the development resulting in the US becoming a nation of silly people, though that process was well underway already. The rush to anoint Oprah Winfrey as the savior of the Republic based on a speech at an entertainment awards show, however, is new evidence of the damage done to the nation’s values by the Trump trauma. Oprah is a cult, pop culture figure; a democracy deteriorating into a society where celebrities and cult leaders become political leaders was one of the fears expressed by our Founders. For the Left to embrace Oprah is stunning hypocrisy, after more than a year of (correctly) accusing Republicans of nominating a Presidential candidate with none of the qualifications traditionally required to be taken seriously as a contender for the office. Many unhealthy trends of long standing pointed to this eventuality,it is true: celebrity obsession, poor civic education, ignorance of history, and new age gibberish, plus the stunning absence of legitimate leaders in both political parties. Having followed O for a long time, since her days in Baltimore as a rising life-style reporter, I recognize a lot of warning signs regarding her ethical instincts, such as her addiction to talking about “personal truths,” which is just a sneaky way of endorsing “alternate facts,” her troubling anti-vaxx statements, her promotion of fake experts like Dr. Oz and Dr. Phil, her race-baiting, and more. There will be plenty of time to elaborate on these if and when her candidacy becomes more than a twinkle in E!’s eye. I doubt that we’ll get there, but as President Trump proved, you never know in the United States of America.

3. A “Nah, there’s no media bias against Trump” note: During the Golden Globes broadcast, NBC, that paragon of journalism integrity, tweeted this:

4. Fake news in irresponsible punditry.  I have been meaning to write about this op-ed by New York Times “contributing opinion writer” Kashana Cauley for more than a week now, and the task has seemed so odious that I have avoided it. It is as bad an op-ed as I have ever seen, full of false assertions, misrepresentations , rationalizations and racial hate. I wonder when the New York Times editors reached the point where they would regard such trash as fit to be published under its banner. Rather than dissect the ugly thing as I originally intended, I’ll let you do the work, with me just pointing out some, but far from all, of the features that make this such unethical op-ed page content. Continue reading

A Popeye And An Unethical Quote Of The Month For The Times’ Lindy West

Popeye’s Quote:

“That’s all I can stands, cuz I can’t stands no more!”

Lindy’s Quote:

“[Megyn] Kelly happily trafficked in racist tropes for profit…asking repeatedly whether the deaths of Eric Garner and Michael Brown were necessarily related to race..

Nope. I can’t let this pass, and will never let this pass again. The context doesn’t matter: Lindy West’s statement above is a lie, and deliberately perpetuate a falsehood to mislead Times readers, or perhaps to encourage them to mislead others. The New York Times editors should not allow lies the paper’s pages, not in news stories, and not from pundits. West can, if she chooses, state the factually untenable opinion that she believes the deaths of Garner and Brown were based on race. She cannot state that the position that their deaths were not based on race is a “racist trope,” which requires facts and evidence showing that either or both deaths were race-related.

There is no such evidence in either case. None, Not a shred, not an iota. Lindy West is calling Megyn Kelly a racist based on an assumption she holds because it is cant within her circles despite no evidence whatsoever. That is unethical punditry, and no responsible newspaper should allow such falsity in print. Continue reading