Tag Archives: justice

Leading Candidate For Most Unethical Opinion Column Of 2016: Daily Beast Editor Goldie Taylor

Ox-Bow-still-3

How a major U.S. news and public affairs website can produce an article like Daily Beast Editor-At-Large Goldie Taylor’s is a fertile subject for inquiry, as is the question of how much the ignorant, un-American, values-warping assertions it contains are reinforced throughout our rising generations’ education and socialization. Those investigations must wait for another day, when I have the stomach for it.

For now, let’s just consider what Taylor wrote. It is titled “Six Baltimore Cops Killed Freddie Gray. The System Set Them Free,” an unethical headline that kindly warns us regarding the awfulness to come. No, six Baltimore cops did not kill Freddie Gray, as far as we, or the system, knows based on the evidence. That Taylor would state such an unproven and unprovable statement as fact immediately makes her guilty of disinformation, and shows that she is willfully ignorant of the principles of American justice, as well as too hateful and biased to comprehend them. Damn right the system set them free. That’s because in the Freddie Gray cases the system worked spectacularly well, despite the best efforts of an incompetent and biased prosecutor to make it do otherwise.

And that was just the title. The rest is infinitely worse: if you are feeling sturdy, read it all here. If not, the selected highlights (lowlights?) to follow will suffice.

Taylor wrote early on, Continue reading

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Filed under Ethics Alarms Award Nominee, Ethics Dunces, Ethics Train Wrecks, Journalism & Media, Law & Law Enforcement, Professions, Race, Rights, U.S. Society

As The Fourth Officer Charged In Freddie Gray’s Death Is Correctly Acquitted, What Do African Americans Mean By “Accountable”? [ Partially Restored ]

Lt__Brian_Rice

In Baltimore, Circuit Judge Barry G. Williams acquitted Lt. Brian Rice of all charges  related to Freddie Gray’s arrest and death. As he had with two other officers charged in the case (the trial of the third ended in a hung jury), Judge Williams cleared Rice, ruling that the prosecution hadn’t proved its case. This was the result widely predicted by legal ethics, because it was apparent that State’s Attorney Marilyn Mosby had rushed the decision to prosecute and proceeded without sufficient investigation or evidence.

Williams said prosecutors failed to meet their burden of proving the charges against Rice beyond a reasonable doubt, and instead had asked  the court to rely on “presumptions or assumptions.” He said that the court “cannot be swayed by sympathy, prejudice or public opinion.”

The result spurred a predictable response from activists.”So far, nobody’s been guilty for this man’s death,” said protester Dornell Brown. “Nobody’s been held accountable. Verdict after verdict after verdict, they’ve been getting off. Who’s gonna be held accountable for that man’s death?”  “This is a man who had chain of command responsibility for Freddie Gray and so he should be held responsible and accountable for what happened to Freddie Gray,” Brian Dolge, another protester said. Protester Arthur Johnson, who has held a sign outside of each of the four trials of the officers  connected with Gray’s death, said,

“It’s just what I and the community expected. You’ve got an individual that interacts with six other individuals over something trivial and that individual ends up dead and we can’t even get reckless endangerment.”

[ NOTICE: This is all I could recover from the original post, which was up, then disappeared when some glitch crashed it with the last Melania post. More than a thousand words followed, and it was, I think, an important post, but I have neither the time nor the heart to try to reconstruct it. So, with apologies, I will summarize the main points

. I also apologize for the comments to that post, which somehow ended up with Melania, where they now make no sense. I had to delete them. Ugh. This has never happened before. I hope it doesn’t happen again., though because I don’t know why it happened at all, that is just a hope.]

In summation:

1. These statements represent a false definition of accountability and justice. The concept appears to be that any time a black citizen dies at the hands of a police officer without incontrovertible  proof that the citizen was threatening the life of the officer with a deadly weapon, accountability mandates criminal charges, a trial, and a conviction. Anything less is not justice or accountability.

2. This is not American justice, and should not be. No charges should be brought without probable cause and sufficient evidence to convict. No conviction should occur unless a fair trial finds an officer guilty beyond a reasonable doubt.

3. The version of justice and accountability that black activists are promoting is ancient tribal justice, primitive justice based on “an eye for an eye” and vengeance. Unless blood pays for blood, there has been no accountability.

4.  Disgracefully, States Attorney Marilyn Mosby pandered to this dangerous and retrograde version of  accountability and justice, further entrenching it and validating it in Baltimore and the black community nationally.

5. In fact, there has been accountability for the death of  Gray. Baltimore paid a multi-million dollar settlement to Gray’s family for the acts of the city’s employees resulting in Gray’s demise. It is likely that some of the police officers, perhaps all, will face administrative discipline.

6. Why does the African-American community so widely reject the evolved justice system of modern America? Sociologists can argue about that. I believe it is a result of frustration, history, the problem of living in high crime areas, and confirmation bias. There is also great and dangerous ignorance across all segments of the public regarding how the justice system works, and why. Tribal justice, like gang justice, is simple: one of us has dies, so the killer must be punished. The details don’t matter. It takes no knowledge or understanding of jurisprudence to conclude that if “one of us” is hurt or killed, the responsible party has to suffer.

7. There will be no resolution to the current societal divide  and racial distrust until there is a threshold consensus on what accountability and justice means in this society. What has occurred in the Gray trials is justice. The prosecution failed its burden of proof. African Americans benefit from that standards of justice too.

8. Unless some eminent, trusted, respected, persuasive, and influential black leaders have the courage to confront black activists and make them understand that the versions of accountability and justice they are demonstrating for are destructive, divisive and wrong, the police/black and black/white conflicts will become more bitter.

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Filed under Citizenship, Ethics Train Wrecks, Government & Politics, Law & Law Enforcement, Race, U.S. Society

Ethics Observations On FBI Director Comey’s Statement Regarding The Clinton Investigation

James Comey

The transcript of FBI Director James Comey’s full remarks on the Clinton e-mail probe follow. I will highlight important sections in bold, and in some cases, bold and red. My  observations will follow.

Good morning. I’m here to give you an update on the FBI’s investigation of Secretary Clinton’s use of a personal e-mail system during her time as Secretary of State.

After a tremendous amount of work over the last year, the FBI is completing its investigation and referring the case to the Department of Justice for a prosecutive decision. What I would like to do today is tell you three things: what we did; what we found; and what we are recommending to the Department of Justice.

This will be an unusual statement in at least a couple ways. First, I am going to include more detail about our process than I ordinarily would, because I think the American people deserve those details in a case of intense public interest. Second, I have not coordinated or reviewed this statement in any way with the Department of Justice or any other part of the government. They do not know what I am about to say.

I want to start by thanking the FBI employees who did remarkable work in this case. Once you have a better sense of how much we have done, you will understand why I am so grateful and proud of their efforts.

So, first, what we have done:

The investigation began as a referral from the Intelligence Community Inspector General in connection with Secretary Clinton’s use of a personal e-mail server during her time as Secretary of State. The referral focused on whether classified information was transmitted on that personal system.

Our investigation looked at whether there is evidence classified information was improperly stored or transmitted on that personal system, in violation of a federal statute making it a felony to mishandle classified information either intentionally or in a grossly negligent way, or a second statute making it a misdemeanor to knowingly remove classified information from appropriate systems or storage facilities.

Consistent with our counterintelligence responsibilities, we have also investigated to determine whether there is evidence of computer intrusion in connection with the personal e-mail server by any foreign power, or other hostile actors.

I have so far used the singular term, “e-mail server,” in describing the referral that began our investigation. It turns out to have been more complicated than that. Secretary Clinton used several different servers and administrators of those servers during her four years at the State Department, and used numerous mobile devices to view and send e-mail on that personal domain. As new servers and equipment were employed, older servers were taken out of service, stored, and decommissioned in various ways. Piecing all of that back together — to gain as full an understanding as possible of the ways in which personal e-mail was used for government work — has been a painstaking undertaking, requiring thousands of hours of effort.

For example, when one of Secretary Clinton’s original personal servers was decommissioned in 2013, the e-mail software was removed. Doing that didn’t remove the e-mail content, but it was like removing the frame from a huge finished jigsaw puzzle and dumping the pieces on the floor. The effect was that millions of e-mail fragments end up unsorted in the server’s unused — or “slack”— space. We searched through all of it to see what was there, and what parts of the puzzle could be put back together.

FBI investigators have also read all of the approximately 30,000 e-mails provided by Secretary Clinton to the State Department in December 2014. Where an e-mail was assessed as possibly containing classified information, the FBI referred the e-mail to any U.S. government agency that was a likely “owner” of information in the e-mail, so that agency could make a determination as to whether the e-mail contained classified information at the time it was sent or received, or whether there was reason to classify the e-mail now, even if its content was not classified at the time it was sent (that is the process sometimes referred to as “up-classifying”).

From the group of 30,000 e-mails returned to the State Department, 110 e-mails in 52 e-mail chains have been determined by the owning agency to contain classified information at the time they were sent or received. Eight of those chains contained information that was Top Secret at the time they were sent; 36 chains contained Secret information at the time; and eight contained Confidential information, which is the lowest level of classification. Separate from those, about 2,000 additional e-mails were “up-classified” to make them Confidential; the information in those had not been classified at the time the e-mails were sent.

Continue reading

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Filed under Ethics Alarms Award Nominee, Ethics Train Wrecks, Government & Politics, Law & Law Enforcement, The Internet

A Slap On The Wrist For The Lawyer Who Demanded 65 Million Dollars For A Lost Pair Of Pants

And they weren't even Elvis' pants...

And they weren’t even Elvis’ pants…

There has been a lot of beating up on judges and lawyers lately, on this blog and elsewhere, so what better time to revisit the weird case of foormer administrative law judge and current attorney Roy Pearson, Jr? He was the D.C.  judge who carried on such a vendetta against a dry cleaner because they lost a pair of his pants that it became national news…which is to say, it was discussed on The View and the women made fools of themselves. Not as big fools as the judge made of himself, though.

Pearson claimed that in 2005, the dry cleaners gave him the wrong pair of pants and refused to pay him the $1,150 he demanded as compensation. His suit—his $67 million suit!— against the dry cleaners alleged that the business violated Washington, D.C.’s consumer protection law by failing to comply with its sign promising “satisfaction guaranteed,” which Pearson claimed was unconditional. You know, even if a customer was deranged.

In his testimony in this wacko lawsuit, Pearson argued that “satisfaction guaranteed” meant the dry cleaner was legally obligated to pay a customer who demanded $1,000 for a supposedly lost sweater even if the owners knew they had delivered the correct sweater to the customer.

By that logic, the owner would also have to let the customer have sex with his teenage daughter, if that’s what it took to “satisfy” him. Continue reading

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Filed under Business & Commercial, Character, Law & Law Enforcement, Professions

Ethics Hero: Fate, Providence, God, Luck, Mr. Irony, Chancey McCoinky-DinkFace, Or Whoever Was Responsible For This Story, Because It’s WONDERFUL

I love this story. It is just what I needed. I have been smiling for hours, and though my website is going through a slump, my business is at a critical juncture, my nation faces an uncertain future, everything seems to be spinning out of control, and I’m still fat, bald and frustrated by unfulfilled ambitions, hopes and dreams…damn. It is a wonderful world, isn’t it?

The Heimlich maneuver was developed by Dr. Henry J. Heimlich in 1974. It is estimated that the anti-choking technique has  saved approximately estimated 50,000 U.S. lives, and thousands more worldwide.

Now you can add 87-year-old Patty Ris to the list. She has just sat down to eat dinner with other seniors at a group table in the dining hall of Cincinnati’s Deupree House, a retirement home, when her first bite of hamburger lodged in her throat. She began choking, unable to daw a breath. Luckily, a 96-year-old man sitting next to her jumped up from his chair, grabbed her, and  deftly used the abdomen-squeezing maneuver to successfully pop the obstruction our of her windpipe and her mouth.

That 96-year-old man was Dr. Heimlich himself. In all these years, he said, he had never had the opportunity to use the method he devised to save someone who was really in peril.

“I felt it was just confirmation of what I had been doing throughout my life,” he said proudly.

Perfect.

__________________________

Source: New York Times

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Filed under Daily Life, Health and Medicine

Law vs. Ethics: The Infuriating Big Branch Mine Disaster Sentence

UBBMemorial

We really have to change sentencing guidelines so that white-collar criminals get the sentences they deserve.

Twenty nine men were killed in West Virginia’s Upper Big Branch coal mine explosion six years ago, and former Massey Energy CEO Don Blankenship, who was  found guilty of conspiring to avoid safety regulations that could have prevented those deaths, received only a one-year prison sentence and a fine.

A federal jury convicted Blankenship last year of a misdemeanor conspiracy to violate mine safety standards at Upper Big Branch. The jury acquitted him of felonies that could have put him in jail for 30 years. The judge handed down the stiffest sentence allowed for his misdemeanor conviction, but U.S. Labor Secretary Thomas Perez, prosecutors and the family members said later that the punishment was far too lenient for the nature of the crime.

Indeed it was. Corporations play the odds in a risk-reward game. If violating rules, regulations and laws can save or make millions and the eventual penalty when and if the company is prosecuted is only a fine, many companies and executives think it’s a risk worth taking. . If the risk also includes significant prison sentences for decision-makers, the risk-reward ratio changes significantly.

Blankenship was CEO of a company that intentionally risked the lives of its employees, and 29 men died. One year in jail looks like a rap on the wrist. Forget about the “Affluenza” kid: this sentence is far more disturbing.

“This man has no remorse at all!” a family member of one of the victims said. “He never approached none of us [after the mine disaster], he never told us he was sorry for what happened, and he knows he could have done the right thing.”

“I miss my family. (Blankenship) hugged his,”  he continued. “And all he gets is a year. The judge has done great; she gave him what she can give him. But there need to be stricter, more harsh penalties for people like that who put greed and money over human life.”

Yes.

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Filed under Business & Commercial, Law & Law Enforcement, Workplace

Fairness To Clinton: #WhichHillary Is Fair, Black Lives Matter Isn’t

Racial Justice Sign

Protesters who interrupt speeches are not engaging in free speech, they are defiling it. We can expect protesters of all sizes, shapes and colors to be interfering with campaign appearances this year, forcing candidates into a lose-lose-lose proposition of either giving the activists a platform they don’t deserve, rewarding rude and disrespectful behavior and looking weak (as Bernie Sanders did last year, allowing a Black Lives Matter group to hijack a campaign appearance), trying to ignore the disruption and thus being unfair to those who came to hear a speech without static, or being  confrontational with the protesters and alienating voters who may sympathize with their cause.

This is one area in which Donald Trump has a clear advantage: since neither he nor his addled supporters care about ethical values, he can safely be abusive to protesters, and he is. At the rate his abuse is escalating, I expect him to egg on one of his mobs to burning or eating one by the spring.

Thus I must sympathize with Hillary Clinton, who just had an ironic ethics encounter. Continue reading

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Filed under Character, Etiquette and manners, Government & Politics, Leadership, Race