Fifth U.S. Circuit Court of Appeals

Ask Ethics Alarms: “Why Is It Unethical For A Prosecutor To Say That A Witness Is telling The Truth?”

/ Jack Marshall / 7 Comments
"Would I try to convict an innocent man?"

“Why would I try to convict an innocent man? He has to be guilty.”

The primary Ethics Alarms topic scout, the Amazing Fred, has posed a question about this case, in which a child pornography conviction was overturned because the government prosecutor repeatedly stated that his witnesses were stating the truth, and that the government doesn’t prosecute defendants who aren’t guilty.

Fred asks the question this way:

“A prosecutor told a jury that prosecution witnesses were credible…Isn’t a defense attorney allowed to discredit prosecution witnesses? Why shouldn’t a prosecutor be free to argue the opposite?

The problem isn’t arguing that prosecution witnesses are credible, but rather the prosecutor appearing to personally vouch for the witness. Lawyers aren’t witnesses, and their opinions aren’t testimony or evidence. A lawyer can tell a jury that a defendant is guilty or innocent, but a lawyer cannot say “I believe “ a witness or “I believe” the defendant is guilty. It doesn’t matter what the lawyers believe, and they prejudice the jury by making their own credibility part of the case. Lawyers don’t have to personally believe in the positions they argue. Continue reading →

The Conclusion to “Texas Cheerleading Ethics: Cheer Your Rapist” (And You’re Not Going To Like It)

/ Jack Marshall / 27 Comments

"Give me an R! A! P! I! S! T!---RAPIST!!!"

Back in November, Ethics Alarms reported the awful story of the Silsbee, Texas High school cheerleader, identified only as “H.S.”,who was kicked off her cheerleading squad for violating “the Cheerleader Code of Ethics” after she refused to cheer at a game for the player who, it was later determined, had sexually assaulted her. She stood silent in mute protest, and when her parents sued the school, the Fifth U.S. Circuit Court of Appeals ruled that H.S.’s silent protest was not protected speech under the First Amendment, meaning that she could be disciplined for violating the cheerleading conduct code.

Now the Supreme Court has turned down the case, refusing to review it, meaning not only that H.S. loses, but also that her parents have to pay court costs and legal defenses to the tune of $45,000.

This is a perfect example of the distinction between the law, justice, and ethics. Continue reading →

Texas Cheerleading Ethics: Cheer Your Rapist!

/ Jack Marshall / 8 Comments

In the current issue of Sports Illustrated, Selena Roberts relates the tale of an ethical outrage, one that will makes your heart sink at the realization that there is so much incompetence, lack of common sense, cruelty and irresponsibility in the world…and that so much of it resides in high school administration.

A Silsbee (Texas) High School cheerleader, identified in the story only as “H.S.”,  had told police that she had been cornered in a room by three school athletes during a party, and sexually assaulted. Her screams were heard by others at the party, and charges were filed.  Roberts writes, “In a town whose population is 7,341 and whose high school football stadium seats 7,000…the alleged assault prompted two questions: How would it affect the girl? And how would it affect the team?” Continue reading →