Freddie Gray Ethics Train Wreck

Unethical Quote Of The Week: Baltimore Activist Rev. Wesley West, From The Freddie Gray Ethics Train Wreck

/ Jack Marshall / 6 Comments

Train Wreck

“I’m angry because this is what we deal with, and when I say ‘we,’ we’re talking about the black community and I’m a part of and represent that community as well, it seems like we have no voice when it comes to these issues. When it comes to conversations like this, we’re not involved. This should have been a jury trial where the community had a voice in this case. Of course a system works in a system’s favor, that’s how I look at it. That judge represents the system, and the police officer represents a system, but they’re all one system working together. And again I don’t think case was actually tried fairly when it comes down the community being involved.”

—-Baltimore activist Reverend Wesley West, quoted by CBS news, in the wake of Freddie Gray’s arresting officer, Edward Nero, being found not guilty today of all charges brought against him as a result of Grey’s death following his arrest in April of 2015

The Freddie Grey Ethics Train Wreck, a bi-product of the Ferguson Ethics Train Wreck which was a direct result of the Trayvon Martin-George Zimmerman Ethics Train Wreck, is still rolling, in case you wondered.

This is the second trial of the accused officers to support the conclusion by many independent analysts that charges were brought against six Baltimore officers in the tragedy without sufficient evidence or investigation, in order to quell social unrest and mollify African American activists like West. That made the charges, by City Attorney Marilyn Mosby—whose husband just happened to be preparing a run for mayor, a coincidence, of course— unethical, and a capitulation to government by mob.

West is impugning the justice system despite knowing nothing of the evidence presented or what happened in the events leading to Gray’s death. His contention that “the community” should have a say in a police officer’s guilt or innocence is a direct appeal to mob justice. His statement is also factually false, especially in this instance. The community had far too much influence in the prosecution of Nero and the other officers already, using violence and the threat of more violence to extort the city. Continue reading →

Columnist Malpractice On The Tamir Rice Tragedy

/ Jack Marshall / 16 Comments
This is not how police saw Tamir Rice before he was shot, but never mind: the points is to horrify the public, not to accurately explain what happened.

This is not how police saw Tamir Rice before he was shot, but never mind: the objective is to inflame public opinion, not to accurately convey what happened and why.

Washington Post reporter Lonnae O’Neal found herself compelled by the Tamir Rice grand jury decision to write the kind of irresponsible column for the paper that can be written but shouldn’t be written—not by a professional journalist, not when public passions are inflamed, not when complex and entangled issues need analysis, careful words, perspective and wisdom. It is an emotional scream of pain and frustration, unleavened by objectivity, fairness or restraint. Such columns do much damage, and no good. Such columns are destructive. I hope writing it relieved her pain, but that’s not justification enough.

I was alerted to the kind of column it would be  by its first sentences:

A 12-year-old black boy walks into a Cleveland park, plays with a toy gun and, within seconds of arriving, a police officer shoots him dead. His partner tackles the boy’s 14-year-old sister as she rushes to his side, handcuffs the girl and shoves her into a squad car, helpless, as her brother lay dying.

If we want to accurately describe the event that ended  Tamir Rice’s life so prematurely from the perspective of people who loved him, and of people mourning the senseless death of a child, those who read about the boy’s death and want to cry to the skies, “Why? How can this happen?,” then that is a defensible beginning….maybe.  That is not her intent, however. The intent of her column is to indict “the system” for not indicting the officer who shot Tamir Rice. With that intent, the description is a lie, a manipulative appeal to pure emotion that willfully and negligently makes the system, which is not and must not be based on emotion, incomprehensible.  Continue reading →

Dear BlackLivesMatter And Friends: If You Won’t Be Responsible, At Least Leave LeBron James Alone

/ Jack Marshall / 84 Comments

No Justice LeBron

It should be apparent by now that BlackLivesMatter is a racist domestic terrorist organization. Terrorism is causing chaos for the sake of causing chaos in the imagined pursuit of a political agenda. That’s what the group, smug and shameless as ever, did over the post-Christmas weekend, disrupting the Mall of the Americas and blocking traffic at the Minneapolis airport. No, they haven’t killed anyone yet; they claim to be non-violent. We’ll see about that when they get sufficiently frustrated. One thing is certain about irrational, self-glorifying organizations: you never know how irrational they will get.

Now the Tamir Rice mess in Cleveland has presented BLM and its allies—which include all three Democratic candidates for President, according to their pandering rhetoric, as well as the Democratic National Committee— with a target more relevant to their alleged mission than disrupting children’s choir performances, losing money for small businesses and inconveniencing  Minnesotans who never did an African American harm in their lives. Using the hashtag #NoJusticeNoLebron, the Ferguson activated activists, led by writer Tariq Touré, have launched a Twitter barrage  imploring NBA superstar and Cleveland Cavaliers hometown hero LeBron James to refuse to play in NBA games until the Department of Justice, “imprisons the murderers of Tamir Rice.” Justice is of course investigating the fatal November 2014 shooting, since the Obama Administration tacitly encourages the divisive myth that any time a  white officer shoots a black man, it is presumptively a civil rights violation.

Like virtually everything that has come out of the incoherent, anti-white, anti-police movement surrounding the various controversial police shootings (of blacks only, however, though there have been more fatal shootings of whites…but never mind, that doesn’t advance the mythical narrative), this plan is ludicrous, unfair, and demonstrates the ignorance and/or contempt the protesters have for due process and the rule of law. Continue reading →

The Tamir Rice Fiasco And “Ethics Zugzwang”

/ Jack Marshall / 79 Comments

Gun comparison

There are circumstances in which all ethical options have been eliminated by poor choices and bad luck. Henceforth Ethics Alarms will refer to this dilemma as ethics zugzwang, zugzwang being a chess term for the situation where a player must make a move, and any move will worsen his position.

By the time the killing of Tamir Rice got to the grand jury, it was ethics zugzwang. The grand jury’s decision not to charge the two officers involved is troubling, and a decision to charge would have also been troubling. To get anything out of this utter and fatal fiasco, a lot has to change, and we have to recognize what in order to make those changes occur. It won’t be easy. I think it may be impossible.

There is no way that the justice system can do its job objectively and well when every police shooting involving a black victim is instantly labelled racist and murder by vocal activists, pundits and and social media, with the implied threat of civil unrest. If an indictment is handed down as in theFreddie Gray matter in Baltimore, it appears as if mob passions are manipulating the system, and, in the Gray case, it was. Such a result, in turn, makes it more difficult for the next accused cop to get justice. It estranges the police force from the government entity it serves, and makes police wary and less likely to assume the risks associated with their vital and inherently dangerous  job.

These considerations create their own impetus making a failure to indict more likely. A city cannot afford to be seen as not supporting the police, even when they make a deadly mistake in judgment. District attorneys are on the same team as police, and automatically share their perspective; it is important that the police recognize that. The police receive the benefit of every doubt, and the deserve that. Yet a failure to indict, especially now that police shootings have become high profile matters that every blogger and pundit prejudges according to their own biases and agendas, will inevitably be used to indict the system instead. Continue reading →

Mistrial In The First Freddie Gray Trial: There’s No Way Out Of This Ethics Train Wreck

/ Jack Marshall / 16 Comments

Judge Declares Mistrial In First Freddie Gray Trial

In Baltimore this week, a judge declared a mistrial in the case of Baltimore Police Officer William G. Porter after jurors said they were deadlocked regarding all of the charges against him in the death of Freddie Gray. Porter, 26 and an African American, is the first of six police officers to be tried in Gray’s death. He has been charged with with involuntary manslaughter, second-degree assault, reckless endangerment and misconduct in office. Street protests began almost immediately.

Let’s review this disaster so far, shall we? Continue reading →

Refugee Debate Update: The Good, The Bad, The Ugly, The Stupid, and Then There’s Carol Costello

/ Jack Marshall / 16 Comments

OccupyDemocrats2

Ugh. It’s hard, not to mention nauseating and repetitious, to simultaneously cover two Ethics Trainwrecks moving at alarming speed and generating unethical conduct and words in all directions. My backlog of other, non-campus, non-terrorism stories grows longer my the minute, but Ethics Alarms has a mission, damn it.

First the Stupid, represented by one of OccupyDemocrats many memes. I am torn, though: is this meme even worse?

OccupyDems

Somebody at OccupyDemocrats.org makes these constantly, and I’d be fascinated to know if whoever it is really thinks these are valid arguments, or are just appealing to, you know, reliably stupid people who aren’t thinking very hard, and who say, “Duhhh, yup! That’ll put those Republicans in their place! I’ll post this to Facebook!” How many Americans really are this deficient in critical thinking?

Maybe I don’t want to think too much about this.

Next, the Good:  Continue reading →

Of Course Sandra Bland Shared Responsibility For What Happened To Her, And Other Observations On The Bland Tragedy

/ Jack Marshall / 56 Comments

http://www.youtube.com/watch?v=CBh3wzXd3vg

Let us stipulate that trooper Brian Encina behaved unprofessionally and atrociously by any standard in his handling of the vehicle stop of Sandra Bland in Prairie View, Texas, on July 10, setting into motion a series of events that led to Bland’s death by apparent suicide in a jail cell three days later. The police work shown by the dashcam video is unforgivable, and could be used in officer trainings on how not to handle a traffic stop.

That does not make him responsible for Bland’s death, however. He was not responsible for an incompetent bail system that had this woman in jail for three days, apparently because it was a weekend, and if she did take her own life (agreed: since her family has no reason to trust authorities at this point, nothing is likely to convince them of that no matter what the evidence, and also agreed, the suicide verdict looks mighty shaky at this point), that is, by law and logic, an intervening cause that exonerate the officer in Bland’s death. Activists will make the obvious Freddie Gray comparisons, but in this case there is no reason to believe that the officer, no matter how wrongful his conduct, either intended or contributed to her death. At worst, Encina is guilty of bad policing and using excessive force. This is not the Freddie Gray case, unless there was a dark conspiracy of frightening proportions.

Once again, however, a black citizen is dead after a confrontation with a white cop. For many pundits, civil rights advocates and black racists as well as irresponsible elected officials, that’s evidence enough that this was a racial incident. It isn’t evidence enough, however. The racial identities of the participants do not mean race was a factor, and absent some other facts that we have not learned about yet, any effort to suggest otherwise is nothing but the Zimmerman con, assuming racism unjustly to advance a political agenda. Let’s see if the Justice Department launches a civil rights investigation this time….again, assuming nothing more suspicious turns up.  That would be the smoking gun evidence of this DOJ’s bias. I wouldn’t bet against it happening. Continue reading →

Anti-Gun Zealots Must Reconcile Their Rhetoric With This, Or Concede That Their Adversaries, And All Citizens, Have A Right To Protect Themselves

/ Jack Marshall / 92 Comments

In Macon, Georgia, a coordinated mob of teens attacked a Walmart like a scene out of “Dawn of the Dead.” Surveillance cameras revealed this:

The Macon Telegraph reports that a group of about 50 teens swarmed the store and began destroying property, apparently for the fun of it. A customer in a motorized scooter was pulled from his seat and dragged on the floor, police say.  17-year-old Kharron Nathan Green entered the store at about 2 a.m. last Sunday morning and flashed “gang signs.” At his signal, a group of about 50 people, apparently teens or a bit older, charged into the store. They departed when police arrived. Green, was the only one arrested, not because he was the ringleader, but because he is an idiot. He returned to the scene of the crime to fetch a dropped phone.

That nobody was seriously hurt or killed is moral luck, nothing more.

Is it relevant that all of the teens appear to be black? Sure it is, though many news outlets—like the Macon Telegraph, in fact— didn’t think so, because that creates inconvenient implications. For one thing, it was very relevant to any police officer trying to deal with the onslaught, as having to shoot one of the mob if he was aggressive would have the cop branded as a racist killer  and possibly railroaded into a murder trial by the Georgia equivalent of Marilyn Mosby. Continue reading →

The Most Unethical Prosecutor Of All: Baltimore’s Marilyn Mosby

/ Jack Marshall / 12 Comments

Mosby

In a legal ethics seminar I taught this week for government attorneys, the vast majority of them voted that Marilyn Mosby’s vainglorious announcement of charges against six officers in the death of Freddie Gray was prosecutorial abuse, and a blatant violation of professional ethics rule 3.8, which directs that (this is the Maryland version)…

The prosecutor in a criminal case shall:

(a) refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause;

…
(e) except for statements that are necessary to inform the public of the nature and extent of the prosecutor’s action and that serve a legitimate law enforcement purpose, refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused and exercise reasonable care to prevent an employee or other person under the control of the prosecutor in a criminal case from making an extrajudicial statement that the prosecutor would be prohibited from making under Rule 3.6 or this Rule.

Of course it was a breach of ethics, and an outrageous one. Her statement, which I discussed here, not only overstated her justification for bringing the charges, which were rushed and announced before a careful investigation was completed, it also stated that the officers were guilty, and worse, that the charges were being brought because the demonstrating and rioting protesters has demanded it. Mosby’s words suggested that she stood with the mob. Continue reading →

Ethics Observations On A Nashville Police Arrest Video

/ Jack Marshall / 42 Comments

I encountered this video on CNN this morning:

Observations:

1. No police officers should have to work under these conditions. This requires courage and tolerance above what any professional should have to muster on a regular basis.

2. Every urban mayor, district attorney, police chief, civil rights advocate and journalist should be asked to comment on the video regarding the principles of respect, civic responsibility, and citizenship.

3. If the question is asked why crime rates are rising in several cities due to a cessation of proactive law-enforcement, this video is a nearly complete answer.

4. What prominent U.S. African American officials, leaders and celebrities are condemning this conduct by the friends of the individual being arrested, and conduct like it all over the nation? I haven’t seen or heard a single one.

5. Allowing this phenomenon to continue without addressing it directly is community malpractice, irresponsible, destructive, and almost certain to be deadly.

6. When such a situation escalates to violence, as this one easily could, who will be responsible, and who should be held responsible?

Discuss.