homicide

Insomnia Ethics Dump, 8/19/2019 (at 3:16 am): What Keeps Me Up At Night

/ Jack Marshall / 32 Comments

Hi.

So depressing to observe the reactions of the Facebook Borg to my post about Elizabeth Warren’s self-outing as a lying demagogue. They couldn’t process it; they put their metaphorical fingers in their ears and hummed; they attacked the messenger (me); they channeled the generally-derided Politifact whitewashing of the “Mike Brown was murdered” lie. One lawyer friend apparent deep-dived Ethics Alarms to try to  find a post that would contradict my position regarding Warren (and Kamala Harris). She couldn’t, but pretended she had by metaphorically waving an essay in which I applauded a man acquitted of murder by reason of insanity who later admitted to others that he had killed someone when he was younger and insane. (I can’t find the damn thing myself.)  She then called me a liar and a hypocrite, because I had described the man as a murderer when he was innocent in the eyes of the law. A lawyer made this argument, mind you. I explained, not too nicely, that her analogy was idiotic, since there was no murder and no crime in the Brown case, so law prof Warren’s calling it either was dishonest and indefensible, while in the case of the recovered madman, there was a murder, a crime, and a murder victim. Though the acknowledged killer he was fortunate enough to have committed his crime in a state that holds the insane unaccountable, that fact didn’t change the act or the  crime.

I don’t know why I bothered. Warren fans, like Bernie Bros, appear to be completely immune to facts and reality.

1.  Why is there such a compulsion to corrupt the innocent, even the fictional innocent? I was hardly an admirer of those late 60s and 70s Sid and Marty Kroft Saturday Morning TV shows with people dressed in huge, garish thing-costumes and being relentlessly cheery. You know the ones: “H.R. Puffnstuff,” “The Banana Splits Adventure Hour,” “Lidsville”—those. In addition to being assaultive and unfunny, they also inspired Barney, for which the Krofts should never be forgiven.

Still, lots of kids loved the shows and characters, and they should be able to cherish those memories. Hollywood, however, seems determined to debase everything it can, especially fond memories, either by sexualizing them or making them dark, or both. (The re-boot of “Sabrina the Teenage Witch” and “Riverdale,” the series based on the “Archie” comics, are cases in point.) Now we have the new in which are re-imagined as murderous psychopaths.

Nice. Continue reading →

Morning Ethics Warm-Up, 7/30/2019: The More Edition

/ Jack Marshall / 49 Comments

 

More anti-gun posturing, more diversity deceit, more sympathy for parents who kill their kids in hot cars….more.

1. Leadership Ethics: California Gov. Gavin Newsom shows how not to respond to a tragedy. It has been apparent for some time that Newsom’s objective is to make Jerry Brown look like a thorough and moderate professional by contrast. His reaction to the fatal shooting in Gilroy, California, over the weekend, which took the lives of three people (including two children)  was a) to immediately politicize the tragedy; b) blame Trump, which is pandering gold; c) engage in outrageous hyperbole; d) recycle the silliest of anti-gun tropes, and e) do so while lacing his comments with profanity, because cursing makes bad arguments more persuasive, or something.

Most of his statement before the cameras was inarticulate, stuttering and emotional. Forget about the competent leader’s duty to show calm and professional demeanor so the public knows a capable adult is in control. This is how you signal virtue, and that you care. Once  the honorable Governor of California began talking in complete sentences, this was his approach:

“It’s just an outrage. I can’t put borders up — speaking of borders — in a neighboring state where you can buy this damn stuff legally. How the hell is that possible? [ Comment: How is it possible that states make their own laws, and California doesn’t get to dictate to Nevada? Let’s have a show of state hands to see how many states appreciate Gavin’s state creating a magnet for illegal immigrants, who then can proceed to travel where they wish.] I have no problem with the Second Amendment. [Note: That’s an obvious lie, but we can assume Newsom would say that he supports “sensible gun control,” which in eventually means “no guns.”] You have a right to bear arms but not weapons of goddamned mass destruction. [Note: No rifle, much less single shot rifle, is a weapon of mass destruction, and certainly not a goddamned weapon of mass destruction. This is disinformation, but hey, the governor is hysterical, so give him a break.] You need these damn things for hunting? Give me a break. [Note: The argument that the Second Amendment exists for the benefit of hunters is false, and dishonest, but anti-gun demagogues, especially Democratic governors—New York’s Governor Cuomo has made similar statements—keep recycling it. It convinces ignorant people, you see.] It’s just sickening… the leadership today that just turns a blind eye and won’t do a damn thing to address these issues. [ Translation: “Do something!”] What’s goddamned absent in this country right now is moral authority. [Comment: Whatever that means coming from an official of a party that ridicules and marginalizes religious faith.] California’s doing its part, but Jesus, these guys, the folks in the White House have been supporting the kinds of policies that roll back the work that we’re doing,. [Note: the “policies” Newsom refers to are known as the Bill of Rights.] It keeps happening, over and over and over again, on their damned watch. [Clarification: The shootings happened on Newsom’s watch as well, and before 2017, President Obama’s watch. Newsom didn’t make the “watch” argument then, for some reason]

This was pure, irresponsible demagoguery. As usual, the news media didn’t help by refusing to clarify that the “assault-type weapon” used in the shooting was not the  automatic, military  version of the AK-47 which is illegal, but the legal, single shot version. (“Assault-type” and “assualt-style” mean that the gun looks like an automatic, but isn’t. It is pure deceit. )That would require, however, exposing how ridiculous and dishonest the “weapons of mass destruction” line was. Continue reading →

The Brelo Acquittal: Once Again, No Just Cause For Protest

/ Jack Marshall / 18 Comments

Brelo car

Nobody should doubt that there are too many instances of excessive police force, that racism must playsa factor in many of these episodes, and that prosecutors and juries give police special, and perhaps excessively generous,  consideration when cases of alleged abuse come to trial. The sheer numbers compel that concludion. However, the now routine presumption on the part of civil rights activists, much of the news media and Obama racially-biased Justice Department that every instance where an unarmed African American is killed by a police officer warrants indictment and conviction is as pernicious as racism itself, and threatens the rule of law as well as any semblance of peaceful race relations.

Every incident is not like the Walter Scott shooting in South Carolina, where the police officer’s actions were unequivocally homicidal, but the news media seems to blur the lines as much as it can. In the current controversy out of Cleveland, police officer Michael Brelo’s acquittal of murder charges was announced with headlines resembling  Slate’s “Cleveland Police Officer Acquitted for Firing 15 Shots That Killed Unarmed Black Couple,” which makes it sound as if Brelo personally executed the Huxtables while they were taking a Sunday drive. “Cleveland Police Officer Acquitted for Firing 15 Shots out of 137 That Killed Two Mentally-Ill, Homeless Addicts Under The Influence of Drugs Who Fled A Lawful Police Stop And Were Credibly Believed to Have Discharged A Firearm” would have been lengthy, but also would have been fair rather than deceitful.

The acquittal came because there was no way to determine for certain that Brelo’s shots were the ones that killed the couple.  Nor were the Cleveland officers’ presumption that deadly force was necessary unreasonable. Police had been informed that shots had been fired from the car (they turned out to be backfires from the auto), and the driver  had certainly exhibited reckless conduct. Was it necessary for Brelo to jump up on the hood of the car after multiple shots had been fired into it by other officers (the chase involved over 60 police cars)?  Were more shots fired by all concerned than necessary? Maybe and almost certainly, but neither of those facts add up to guilt for the officer, or justification for another “Hand up, Don’t shoot!” protest. Officers didn’t know the occupants of the fleeing car were unarmed, and had reason to think they were armed. They didn’t know they were a “couple,” or African American, or mentally ill.

Never mind; African American protesters are demonstrating, protesting and getting arrested in Cleveland anyway. Continue reading →

Transparency, Causation, Eggshells, Trust : Seven More Ethics Issues In The Eric Garner Case

/ Jack Marshall / 10 Comments

jigsaw-puzzle-record

1. There is near unanimity in the response to the non-indictment by the Staten Island jury in the Eric Garner case. In light of the graphic video, it is hard to see how there wasn’t probable cause to indict. The coroner verdict of “homicide” would see to provide sufficient evidence all by itself. However, in the absence of the complete record of what the grand jury heard and saw, nobody can be certain that this was a miscarriage of justice. However, given the context of the case and its deleterious impact on faith in the justice system, that is no solace and scant mitigation. As in Ferguson, it is prudent and essential that the public see what the decision was based upon. It is true that those who are determined to see injustice, bias and racism will do so regardless of what the evidence shows–again, as in Ferguson—but the only evidence that has been made public, the various videos and the officer’s testimony–only makes the non-prosecution more suspicious.

2. Can the non-prosecution be justified? If so, the only reason I can see would be lack of proof of causation. Causation is tricky, and  juries get confused about how to analyze it. Since it is fair to assume Daniel Pantaleo did not intend to kill Eric Garner, the issues are a) whether his actions during the arrest were negligent, and b) whether they were the proximate cause of Garner’s death. That his conduct was negligent is not enough to sustain and indictment—that negligence had to be the reason Garner died. Remember, he was not choked to death. The medical examiner ruled that Garner died from a collection of factors: compression on his chest and throat, the position he was forced into, his obesity, weak heart, and asthma, all causing asphyxia.

  • If Pantaleo’s actions alone would not have caused Garner’s death, then it could be legitimately argued that he was not guilty of a crime. The other officers were given immunity for their testimony, which seems like either a bad decision by the district attorney, or intentional sabotage of the case against Pantaleo’s. If it was the collective action of the police that caused Garner’s death, it would be unjust to make Pantaleo the sole officer punished. If some of the testimony from the unchargeable cops made the case that it was another officer, or several, who really caused Garner’s death, that would explain the no indictment result.

In the widely seen video of the arrest, Pantaleo can be seen with his arm around Garner’s neck as Garner is taken to the ground and for some time thereafter, but in watching the video it’s difficult to determine whether Garner was in fact choked. And if he was, it did not appear it was long enough even to render him unconscious, much less kill him…I saw nothing excessive in the manner in which the officers subdued Garner. He was neither beaten with batons nor even punched. To me, it appeared to be a fairly typical scuffle with a large man who had clearly demonstrated his unwillingness to be arrested peacefully.

He misses the point. The question is whether the take-down was excessive for Garner, not some theoretical average arrestee. It is true that with a normal, healthy subject, what the officers did would not typically cause death….but Garner was obviously not normal, nor healthy. He was morbidly obese, and 350 pound middle-aged people tend to have the kinds of heath issues Garner in fact had. Nobody would argue that an elderly woman or a ten-year old girl or someone in a wheelchair should be manhandled like that. Such treatment was negligent for Eric Garner, and the deadly result could and should have been anticipated.

It is true that the officers couldn’t know that Garner had a weak heart and suffered from asthma, but it doesn’t matter: the rule in negligence is that “you take your victim as you find him.” If your negligence is the proximate cause of someone’s death, the fact that it wouldn’t have caused anyone else’s death is no defense. This is the so-called “Egg-shell Skull” rule.

Garner was an egg-shell perp. Continue reading →

Observations on the Eric Garner Non-Indictment

/ Jack Marshall / 44 Comments

The New York Times, among others, reports that the Staten Island grand jury has brought no indictment in the Eric Garner case, in which a large African American man resisted arrest and was brought down by multiple cops, as one, Daniel Pantaleo, used a choke hold to restrain him. After saying that he couldn’t breathe, Garner, who was asthmatic, stopped breathing and died

Observations:

1. I haven’t seen all the evidence, and stipulate that there may be some good reason for the non-indictement that I am not aware of. That aside, however, it certainly seems like this case embodies many of the features that were not present in the death of Michael Brown but that the media and activist narrative attributed to it nonetheless. Garner’s case, in contrast, appears to demonstrate an unwillingness of the law enforcement and justice system to hold police officers accountable for the results of excessive force, even when the result is death.

2. Again, absent some significant evidence that has not been made public, I believe that the video of the fatal arrest, the fact that the choke hold tactic is prohibited by police department policy [ Note: I originally wrote that it was illegal; that was in error, and I apologize for the mistake], and the coroner’s verdict that Garner’s death was a homicide should have been sufficient to mandate the grand jury finding probable cause for at least a charge of negligent homicide.

3. This seems like a result worthy of protest. It is one more reason why activists continuing to use Brown’s death as a rallying point is foolish and wrong. For their purposes, it is a weak case. Garner’s is not. Continue reading →

Tony Stewart, the Suspicious Death of Kevin Ward Jr and NASCAR’s Bizarro World Ethics

/ Jack Marshall / 45 Comments
If a real Columbo was on his case, Tony Stewart might be in trouble.

If a real Columbo was on his case, Tony Stewart might be in trouble.

The word “ethics” and NASCAR should never be uttered in the same sentence without irony. After all, the sport arose out of the exploits of outlaw bootleggers. The current billion dollar sport’s culture regards cheating as “breaking rules and getting caught doing it.” The fact that the team manager of one of the sport’s biggest stars would see no reason for his meal-ticket not to compete today just because he was being investigated for what might have been a mid-race homicide yesterday shouldn’t shock anyone.

In case you missed it Saturday (I did, having a visceral aversion to NASCAR stronger than my dislike of nightcrawlers), NASCAR superstar Tony Stewart drove his car into twenty-year-old driver Kevin Ward Jr., killing him, during a dirt-track race at Canandaigua Motorsports Park  in upstate New York. Ward’s car and Stewart’s car had swiped each other during the race, disabling Ward’s vehicle. Ward left his car and was walking on a track with the caution flag out, waving his arms and pointing at Stewart. One car swerved to avoid Ward, but Stewart’s hit him, injuring him fatally. Until the media and public began to register its objections, Stewart was preparing to race today as if nothing had happened. As recently as this morning, Stewart team manager Greg Zipadelli called it “business as usual.”

It’s business as usual in a culture where a participant who just killed someone in public under suspicious circumstances sees no reason to show, or even fake, any remorse or contrition whatsoever. Here’s the latest entry on Tony Stewart’s website, at least as I write this:

“Thanks to everyone who participated in this week’s edition of “Tony Trivia.” This week’s answer: There’s no track on the circuit where Tony Stewart is more dominant than at Watkins Glen International.”

[UPDATE: At 1:pm Sunday, Stewart finally posted the statement about the accident that is now up on the site. Note that he says nothing about his part in the accident at all. It could be about any NASCAR accident, anywhere.]

Call me a silly sentimentalist, but if I ran down another racer and killed him, I would make certain that a public statement expressing sorrow and regret at the incident would be up on my “official website” before the first ESPN headline was written about the incident. Meanwhile, why would NASCAR allow a racer to compete after an incident like this? Oh, that’s right: because the only ethics in NASCAR involve making money, protecting its stars, winning races, and keeping the fans entertained. After all, having Stewart race today would be a great story. Will he kill again? Will any driver have the guts to point at him this time?

Yes, it’s Bizarro World ethics again, another culture with inverted values like the fictional cube planet in Superman comics, where idiotic clones of Superman and Lois Lane think, live and speak illogically. Continue reading →

“Walking Dead” Ethics: Hypocrisy, Substance Abuse And Survival

/ Jack Marshall / 33 Comments
"The Walking Dead"...as always, providing abundant ethical dilemmas to chew on...

“The Walking Dead”…as always, providing abundant ethical dilemmas to chew on…

If you can stand the periodic spectacle of shambling, rotting flesh and heads being lopped off or split down the middle, AMC’s “The Walking Dead” still provides the most daring and interesting ethics storylines available on television.

The latest episode, titled “Indifference,” raised two gutsy issues that are unpopular in today’s culture to the point of taboo. It was revealed that Carol, previously the simpering and tragic mother of the now dead, zombified and executed little girl Sophia, has morphed into a stone-cold pragmatic survivalist who advocates killing on instinct when the threat is sufficiently severe. In addition to teaching methods of mayhem to the children entrusted to her instruction in the grim, abandoned penitentiary where our heroes have fortified themselves against the roaming zombie hoards, Carol summarily executed two members of the community who were fatally ill with a pernicious virus on the grounds that they threatened the safety of the rest. For this, Rick, the sheriff-turned farmer alleged leader of the non-zombies, orders her out of the prison.

Strange. In a world without doctors, medicine and hospitals, where the objective is simply to survive long enough for some remote miracle to rescue humanity, a runaway virus is as much of a threat as a maniac with a hatchet. Rick and the rest have long ago accepted the necessity of killing members of their group who are bitten by zombies, since they are certain to “turn”after death and start indiscriminately eating people. True, the preferred method is to withhold execution until the second after the living become undead after becoming unliving, but this is a distinction without a difference. Carol is quite right that a breathing, doomed, virus-carrier is as much of a threat to the group—perhaps more—as a newly-minted brain-muncher. Why is her strong action in defense of the group, a defensible utilitarian act, reason for exile? Continue reading →

Ethics Quiz: The Murderer On The Sidelines

/ Jack Marshall / 13 Comments
Support the man, not the drunk-driving killer, who also happened to BE the man. Right?

Support the man, not the drunk-driving killer, who also happened to BE the man. Right?

Eight days after he was locked up for manslaughter as a result of being drunk at the wheel in a car accident that took the life of a team mate, Dallas Cowboys player Josh Brent was allowed on the sidelines with his team during its game against the Philadelphia Eagles.  Brent’s teammates had requested that he be present to show their support, and apparently this had the blessing of Jerry Brown’s mother, whose deceased son was the victim in the crash.

ESPN commentator Dan Graziano took to his keyboard to pronounce the Cowboys public embrace of a player charged with killing someone while driving drunk misguided and wrong: Continue reading →

Ethics, Punishment and the Dead Child in the Back Seat

/ Jack Marshall / 8 Comments

Washington Post columnist Gene Weingarten received a Pultitzer Prize for his feature, “Fatal Distraction: Forgetting a Child in the Backseat of a Car Is a Horrifying Mistake. Is It a Crime?” Focusing on the grief of parents who caused the deaths of their own children by negligently leaving them locked in over-heated cars, Weingarten, to his credit, doesn’t advocate a position in his article, although it would be impossible to read it without feeling compassion and empathy for his subjects, both those who have been prosecuted and those who have not.

The article squarely raises a classic ethical conflict, as well as the question of the role of punishment in society. As always with ethical standards, the issue ultimately encompasses how we decide what is in the best interests of society. Weingarten points out that there is no consensus on whether parents who inadvertently kill their children in this way should be brought to court: some prosecutors bring charges, others do not. Which is right?

I don’t like my answer much, but I think it is inescapable, once the emotion is left behind. Continue reading →