Heather MacDonald

The Ethics Conflict In The Daniel Penny Case

/ Jack Marshall / 25 Comments

With yesterday’s developments in the Daniel Penny trial, it is appropriate to ponder the various ethical issues involved.

Below I have reposted the 2023 essay titled “Ethics Quote Of The Month: Heather MacDonald.” Its main thrust was to highlight MacDonald’s excellent article about how his arrest and prosecution reflected another outbreak of the “Black Lives Matter” bias of presumed racism. Penny is white, the violent lunatic who was menacing NYC subway riders when Penny stepped in and, the prosecution claimed, murdered him in an act of vigilantism, was black. It is highly doubtful that any prosecution would have followed the incident if the races were reversed. For example, the colors were reversed in the Ashli Babbitt shooting by a Capitol cop on January 6, 2021, and the black officer was not only exonerated but given a promotion.

Yesterday, Judge Maxwell Wiley dismissed the second-degree manslaughter charge against ex-Marine Penny in the death of Jordan Neely at the request of prosecutors after jurors said they were deadlocked on the primary charge. He then told the jury to continue deliberating on  the lesser charge of whether Penny committed criminally negligent homicide when he put the black, disturbed, homeless man in a choke-hold resulting in his death. The dismissed second-degree manslaughter charge carried a maximum 15-year sentence; criminally negligent homicide carries a four-year maximum sentence. While this was happening, Rep. Eli Crane (R-Ariz.) told reporters that he was planning to introduce a resolution to award Daniel Penny the Congressional Gold Medal. “Daniel Penny’s actions exemplify what it means to stand against the grain to do right in a world that rewards moral cowardice,” said Crane, a retired Navy SEAL.  “Our system of ‘justice’ is fiercely corrupt, allowing degenerates to steamroll our laws and our sense of security, while punishing the righteous. Mr. Penny bravely stood in the gap to defy this corrupt system and protect his fellow Americans. I’m immensely proud to introduce this resolution to award him with the Congressional Gold Medal to recognize his heroism.”

You can hardly highlight an ethics conflict in brighter colors than that. Penny could be found guilty of a crime, and at the same time be officially recognized as a hero. An ethics conflict is when two equally valid ethical principles oppose each other and dictate a different result. That’s the situation here, and the answer to the starting point for ethical analysis, “What’s going on here?“

The racially biased motivation for charging Penny may be another example of authorities doing the right thing for the wrong reasons. If you listen to Fox News regarding the trial, you will hear laments that the prosecution sends the wrong message to Americans. One commentator cited the 60-year-old Kitty Genovese incident, which Ethics Alarms has frequently referenced. A woman was murdered as many residents of a nearby apartment complex heard her screams, but none of them called the police or sought to intervene. The prosecution of Penny validates their non-action, the commentator said. It encourages passive citizenship and rejects the duty to rescue.

No, that’s an analogy too far: the man threatening passengers on the subway was right in front of Penny; the people who ignored Genovese’s screams only had to pick up a phone. Nobody held them to blame for not running out to rescue the woman and fight off her attacker. They didn’t perform the minimum acts of good citizenship required in such a situation. Penny’s trial raises the legitimate question of when maximum intervention is justified, and what the consequences should be if something goes wrong.

Does society want to encourage and reward vigilantes? The “Death Wish” movies explored that issue, albeit at an infantile level. At very least, shouldn’t part of the message sent to citizens be that if you choose to intervene in a situation that would normally be handled by law enforcement, you had better be careful, prudent and effective or else you will be accountable for what goes wrong as a result of your initiative? After all, isn’t it certain that a police officer whose choke-hold killed Neely under the same circumstances would probably be tried, or at very least sued for damages (as Penny will be, if he is ultimately acquitted)? Indeed, based on the George Floyd fiasco, Neely’s death at the hands of an over-zealous cop might have sparked a new round of mostly peaceful protests and Neely’s elevation to martyr status.

As a society and one that encourages courage, compassion, and civic involvement, we should encourage citizens to intervene and “fix the problem” if they are in a position to do so and have the skills and judgment to do it effectively. Yet a society that encourages vigilantes is courting chaos and the collapse of the rule of law.  I absolutely regard Penny as a hero, but even heroes must be accountable for their actions. What is the most ethical message to send society about citizen rescuers?

I don’t think it is as easy a question as Penny’s supporters claim.

Now here’s the article from past year:

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“When government abdicates its responsibility to maintain public safety, a few citizens, for now at least, will step into the breach. Penny was one of them. He restrained Neely not out of racism or malice but to protect his fellow passengers. He was showing classically male virtues: chivalry, courage and initiative. Male heroism threatens the entitlement state by providing an example of self-reliance apart from the professional helper class. And for that reason, he must be taken down.”

—Heather Mac Donald, in her scorching essay, “Daniel Penny is a scapegoat for a failed system”

That paragraph continues,

A homicide charge is the most efficient way to discourage such initiative in the future. Stigma is another. The mainstream media has characterized the millions of dollars in donations that have poured into Daniel Penny’s legal defense fund as the mark of ignorant bigots who support militaristic white vigilantes.

There is no way law enforcement can or should avoid at least exploring a manslaughter charge when an unarmed citizen is killed after a good Samaritan intervenes in a situation that he or she sees as potentially dangerous. Nevertheless, what appears to be the planned vilification of ex-Marine Daniel Penny by Democrats and the news media to put desperately-needed wind back in the metaphorical sails of Black Lives Matter and to goose racial division as the 2024 elections approach graphically illustrates just how unethical and ruthless the 21st Century American Left has become. (I know, I know, we don’t need any more evidence…). Mac Donald’s essay is superb, as many of hers often are. Do read it all, and them make your Facebook friends’ heads explode by sharing it.

Here are some other juicy and spot-on excerpts:

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Ethics Quote Of The Month: Heather Mac Donald

/ Jack Marshall / 4 Comments

“When government abdicates its responsibility to maintain public safety, a few citizens, for now at least, will step into the breach. Penny was one of them. He restrained Neely not out of racism or malice but to protect his fellow passengers. He was showing classically male virtues: chivalry, courage and initiative. Male heroism threatens the entitlement state by providing an example of self-reliance apart from the professional helper class. And for that reason, he must be taken down.”

—Heather Mac Donald, in her scorching essay, “Daniel Penny is a scapegoat for a failed system”

That paragraph continues,

A homicide charge is the most efficient way to discourage such initiative in the future. Stigma is another. The mainstream media has characterized the millions of dollars in donations that have poured into Daniel Penny’s legal defense fund as the mark of ignorant bigots who support militaristic white vigilantes.

There is no way law enforcement can or should avoid at least exploring a manslaughter charge when an unarmed citizen is killed after a good Samaritan intervenes in a situation that he or she sees as potentially dangerous. Nevertheless, what appears to be the planned vilification of ex-Marine Daniel Penny by Democrats and the news media to put desperately-needed wind back in the metaphorical sails of Black Lives Matter and to goose racial division as the 2024 elections approach graphically illustrates just how unethical and ruthless the 21st Century American Left has become. (I know, I know, we don’t need any more evidence…). Mac Donald’s essay is superb, as many of hers often are. Do read it all, and them make your Facebook friends’ heads explode by sharing it.

Here are some other juicy and spot-on excerpts:

Continue reading →

Comment Of The Day: “‘Kill A Western Cultural Institution, Wear Its Skin’: The Case of Classical Music”

/ Jack Marshall / 14 Comments

Orchestra2

Ethics Alarms’ resident musician has a fascinating Comment of the Day humming with informative observations, and best of all, it has nothing to do with the Wuhan Virus vaccine

Here is David Rohde on the post “‘Kill A Western Cultural Institution, Wear Its Skin: The Case of Classical Music”…

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Jack, it makes perfect sense that you bring Heather Mac Donald’s very long, two-part screed to your readers’ attention. It’s gotten a lot of notice in the music world. Personally I respect Ms. Mac Donald’s place in the overall cultural and political discussion, whether I agree with her writings or not. I’ve noted either her research or simply her references to the variables of two-parent families and basic levels of educational attainment as fundamental explainers of personal achievement, independent of ethnic background. Her views are part of the overall discussion in America today, or should be.

All that said, her big article about classical music is flawed in at least three ways. Here are those issues:

1. A lot of the article confuses music with musicology. The latter field has been kind of nuts for a while, extending way back before last year. The principal educators of today’s and tomorrow’s performing artists are not theoretical musicologists. They’re a combination of distinguished performers themselves and effective pedagogues, often combined in the same person. I’m not going to excuse some of the crazier things that have recently come out of Juilliard and elsewhere, but conservatory education remains very rigorous and performance-focused, indeed arguably too much so given the supply-demand imbalance for classical music talent.

2. The article is not really fair to the Sphinx Organization. One of the things that Sphinx does is to deal with the same overwhelming problem of expenses for families of limited means that you see in sports such as baseball and soccer. This time of year they bring in, for example, string players – yes “black and brown” ones – to top schools and institutions for intensive education and opportunity for rehearsal and performance experience. An example of someone who came out of the Sphinx Organization is the fantastic violinist Melissa White – yes that’s her name. Melissa has performed in our region at the Phillips Collection in D.C. and the Richmond Symphony, and she has numerous recordings to her name with the Harlem Quartet (which actually performs a huge range of traditional classical and other, adventurous music). And as you know, I believe it is completely valid to assert that, just as in other fields of employment, classical music employers should assess the whole person and what they can bring to an institution, even if their performance chops are obviously the primary criterion.

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“Kill A Western Cultural Institution, Wear Its Skin”: The Case of Classical Music

/ Jack Marshall / 20 Comments

Beethovan

Scholar and essayist Heather Mac Donald has written a thorough, fascinating and depressing study of how, as absurd as this sounds (and is), the fact that a drug-addicted petty criminal died under a white cop’s knee in Minneapolis has led to the death throes of classical music. The plot is familiar: seizing upon and exploiting white guilt and using the all-purpose weapons of race-baiting and threats of “cancellation,” various alliances of progressives, activists, academics, journalists, politicians and easily recruited naive rich liberals band together to claim that institution X is a feature of white supremacy and must be eliminated, shunned, replaced or destroyed. Taken by surprise and lacking the integrity, courage and fortitude to fight for Western cultural values, the groups that should be the guardians of our icons and institutions easily fall into postures of submission.

Mac Donald’s essay, “Classical Music’s Suicide Pact,” is in two parts (I and II), both published in City Journal, where she writes regularly. Perhaps the most telling part of the work is this one, at the end of Part II:

“Though the keepers of our tradition know that classical music is a priceless inheritance, fear paralyzes them as that legacy goes down. Among the leaders contacted for this article were conductors Daniel Barenboim, Dudamel himself, Riccardo Muti, Franz Welser-Möst, Valery Gergiev, Gianandrea Noseda, Charles Dutoit, James Conlon, Neeme Järvi, and Masaaki Suzuki; pianists András Schiff, Mitsuko Uchida, Lang Lang, Evgeny Kissin, and Richard Goode; singers Anna Netrebko, James Morris, and Angel Blue; and composers John Harbison and Wynton Marsalis. All either declined to comment or ignored the query. Company managers were just as tight-lipped. The Met’s Peter Gelb refused an interview; the Philadelphia Orchestra’s Matías Tarnopolsky, Jonathan Martin of the Cincinnati Symphony Orchestra, and Jeff Alexander of the Chicago Symphony Orchestra were also unwilling to speak. Simon Woods’s assistant said that he was caught up in moving to New Jersey and thus unavailable. (A source said that he had been in New Jersey for months already.) Those music professionals who did speak to me, with few exceptions, required that they be referred to in so generalized a category that it would contain thousands of members.”

This is, of course, fear, but also a betrayal of the culture. Things that are important and deserve protection must be protected, and those in a position to do so have an obligation to the public and the culture not to hide from controversy and confrontation, but to engage in both. But artists are notoriously lacking in fortitude, and this is especially so when what is required of them involves defying the Left, which is where most artists have gravitated for centuries.

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Ethics Quote Of The Week: Heather MacDonald [Expanded]

/ Jack Marshall / 9 Comments

Swan Lake

“The destruction being carried on in this post-George Floyd moment cannot be overstated. Everything in the West’s cultural inheritance, whether in music, literature, or art, is coming down….Visual and kinetic uniformity in a corps de ballet was an aesthetic ideal; it, too, had nothing to do with race. Yet that uniformity must now fall so that no individual ballet dancer feels that her precious diversity currency is devalued.”

Social commentator Heather MacDonald, in her depressing report, “Beside the Pointe:
Diversity and bias obsessions come for ‘Swan Lake’“

It’s a fascinating case study of how the George Floyd Freakout, combined with ruthless determination of minority activists to exploit that tragedy to grab power, and the utter failure of sniveling organization leaders to demonstrate the requisite spine that any institution requires in its leadership, is resulting in cultural carnage with few countervailing benefits.

The iceman cometh late for the weird world of classic ballet, as MacDonald, obviously a fan (I am not) points out:

Classical ballet has largely escaped the revisionist destruction that hit the opera and theater stages years ago. Amazingly, audiences could still see Swan Lake and La Bayadere as their choreographers and composers intended them, with all the conventions and costumes of nineteenth-century fairytale intact…. the adolescent politicizing that has been inflicted on defenseless operas has been absent from the ballet stage. That immunity has undoubtedly now ended. Expect to see classical ballets wrenched awkwardly into dumbshows about social justice.

Oh, I do, I do. She relates a race controversy from two years ago, when the Staatsballett Berlin mounted “Swan Lake,” in which white body paint has traditionally been used on the ballerinas to create the illusion that the dancers are swans. The company’s ballet mistress told the company’s one black dancer to use the body make-up like the rest of the dancers. When she protested that she’d never look white, the mistress responded, “Well, you will have to put on more than the other girls.”

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“Is It Possible To Address A Race-Related Problem Without Being Attacked As Racist?” And Other Reflections On The Holiday Mall Brawls

/ Jack Marshall / 11 Comments

mall-violence

On the City Journal website, Heather Mac Donald of the Manhattan Institute writes in part,

Judging by video evidence, the participants in the violent mall brawls over the Christmas weekend were overwhelmingly black teens, though white teens were also involved. The media have assiduously ignored this fact, of course, as they have for previous violent flash mob episodes. That disproportion has significance for the next administration’s school-discipline policies, however. If Donald Trump wants to make schools safe again, he must rescind the Obama administration’s diktats regarding classroom discipline, which are based on a fantasy version of reality that is having serious real-world consequences.

The Obama Justice and Education Departments have strong-armed schools across the country to all but eliminate the suspension and expulsion of insubordinate students. The reason? Because black students are disciplined at higher rates than whites. According to Washington bureaucrats, such disproportionate suspensions can mean only one thing: teachers and administrators are racist. The Obama administration rejects the proposition that black students are more likely to assault teachers or fight with other students in class. The so-called “school to prison” pipeline is a function of bias, not of behavior, they say.

This week’s mall violence, which injured several police and security officers, is just the latest piece of evidence for how counterfactual that credo is.  A routine complaint in police-community meetings in minority areas is that large groups of teens are fighting on corners…The idea that such street behavior does not have a classroom counterpart is ludicrous. Black males between the ages of 14 and 17 commit homicide at ten times the rate of white and Hispanic males of the same age. The lack of socialization that produces such a vast disparity in murder rates, as well as less lethal street violence, inevitably will show up in classroom behavior….School officials in urban areas across the country set up security corridors manned by police officers at school dismissal times to avoid gang shootings. And yet, the Obama administration would have us believe that in the classroom, black students are no more likely to disrupt order than white students.

The entire essay is here.

Observations: Continue reading →