Tag Archives: justice

The Good, Bad Lucky, Unlucky, Legal Illegal Immigrant: Colorado Governor Pardons A Convicted Armed Robber

It is  misleading to describe this story as a Democratic governor letting an convicted armed robber escape punishment so he can stay in the US, though that is how it is being reported.

The world has gone mad, but the pardon issued to convicted bank robber Rene Lima-Marinby by Governor John Hickenlooper isn’t necessarily proof of that, though Lima-Marinby’s weird story is.

He came to the U.S. as a toddler in the 1980 Mariel boat lift from Cuba, and had obtained  legal residency. His 2000 criminal conviction for armed robbery when he was 19 caused that status to be revoked. Lima-Marin was sentenced to 98 years in prison for the robbery.

Let me pause. He was 19, and they sentenced him to 98 years in prison.

Then he was mistakenly paroled from Colorado state prison in 2008, 90 years early. I’ve written about these cases before. I hate them. Releasing a prisoner then coming back years later and saying, “Oopsie! Sorry! Our bad! Back you go!” turns a gaffe into cruel and unusual punishment. Unless a prisoner is a serial killer or a terrorist or breaks the law after he is released, the authorities should bear the burden of such incompetence, and any early release should stand.

Lima-Marin is a good example of why this should be the practice. he married, had a child and got a steady job installing glass. It took six years for the state authorities to discover their mistake, and in 2014 they sent him back to state prison for the remainder of his 98-year  sentence.

Yechh. Continue reading

28 Comments

Filed under Citizenship, Government & Politics, Law & Law Enforcement

Comment Of The Day: “The Most Unethical Sentencing Fallacy Of All: Lavinia Woodward Gets “The King’s Pass”

I am almost caught up on my backlog of Comments of the Day!

This one, by multiple COTDs author Humble Talent, is really two; I’m taking the liberty of combining his later explication with the original comment, as they follow as the night follows day. The topic is bias and double standards in the criminal justice system, and hold on to your hat.

Here is Humble Talent’s 2-for 1 Comment of the Day on the post, “The Most Unethical Sentencing Fallacy Of All: Lavinia Woodward Gets “The King’s Pass”:

You know, every now and again when I’m feeling adventurous, I go to a place I think will have a whole lot of people that don’t think like me and poke at their sacred cows. You meet all kinds of people, and recently, I was given probably one of the better answers to a gender/race issue from the other side yet.

The original fact pattern is that racial activists will cite disparate impact as a problem at every stage of an interaction with the legal system. Black people are more likely to be pulled over, more likely to be arrested, more likely to be charged, more likely to be convicted, and more likely to receive harsher sentences… All for the same stimulus. All of this, by the way, is true. It doesn’t account for the five-fold disparity between the black and white prison population on a per capita basis, but it is a thumb on the scale.

The juxtaposition is that the disparity between men and women in the justice system is about six times that of the racial disparity I just described. Men are more likely to be pulled over, more likely to be arrested, more likely to be charged, more likely to be convicted, and more likely to receive harsher sentences… All for the same stimulus. Sonja Starr wrote extensively on this, and despite some of her methodology being questioned, there’s general consensus that she was on to something.

So the question is that if someone is deeply concerned about inequality, that they are genuinely interested in justice for everyone, why wouldn’t you be just as, if not more concerned with the gender disparity, than the racial one? Continue reading

26 Comments

Filed under Comment of the Day, Ethics Alarms Award Nominee, Gender and Sex, Government & Politics, Law & Law Enforcement, Race, Research and Scholarship, Rights

Ethics Quiz: The Boston Red Sox And “Hate Speech”

SHHHHHHHH!

I don’t know why it is that the Boston Red Sox are leading all of baseball in ethics controversies, but here’s the story:

The Red Sox have been playing the Orioles the last four days, in a series marked by rancor arising from an incident last week that has metastasized into an exchange of words, accusations and attempted beanballs.  After the first game in this series,  Orioles’ outfielder Adam Jones claimed that he had heard racial epithets from the stands, and a bag of peanuts had been thrown at him.  Boston  and the Red Sox in particular have a dubious racial history (the team was the last in baseball ito have a black player), so this immediately became a big story, with the Sox, MLB, the city, and even the governor expressing horror, regret, and outrage. No fan or Orioles player has stepped  forward to substantiate Jones’ accusations. I don’t doubt him, but that is relevant, because in the entire episode as it unfolded, conclusive evidence has been deemed unnecessary. Accusations alone confer guilt. In the next game, Fenway gave Jones a long standing ovation on his first trip to the plate, saying, in essence, “We’re sorry you were treated this way, and we reject that disgusting conduct.” Good. That is the Fenway Park I know.

Then it was reported that another fan who was in the crowd at Fenway  the next night has been banned for life by the Red Sox. Team president Sam Kennedy said that the fan received the lifetime ban for using a racial slur to to describe a Kenyan woman who sang the National Anthem before the game, in a conversation with another fan.

Calvin Hennick, a Boston resident bringing his son to his first Red Sox game as a present for his sixth birthday, wrote on Facebook and confirmed to the Associated Press  that a  fan sitting near him used “nigger” when referring to the National  Anthem singer that night. Hennick asked the man to repeat what he had said, and when he did,Hennick summoned security. The Fenway security ejected the offending fan, who denied using a racial slur….you know, like Giles Corey denied being a witch.

Kennedy thanked Hennick, who is white, for coming forward. Says NBC baseball writer Craig Calcaterra, who once was a lawyer and presumably understood basic principles of justice, process, and fairness, “Kudos to the Red Sox for acting so swiftly.”

The Red Sox acted swiftly, all right.

Your Ethics Alarms Ethics Quiz of the Day is this...

Is it fair, proportionate, reasonable and just to ban a baseball spectator for life under these circumstances?

Continue reading

52 Comments

Filed under Business & Commercial, Ethics Alarms Award Nominee, Etiquette and manners, Journalism & Media, Marketing and Advertising, Quizzes, Race, Sports, U.S. Society

“The Good Illegal Immigrant,” Part IV—The Latest Installment In A Series Of Indeterminate Duration. Unfortunately.

Good.

[Earlier installments of “The Good Illegal Immigrant” are here, here and here.]

Not to creep into General Sheridan’s territory, but there is no such thing as a “good illegal immigrant.” The term is an oxymoron. In illegal immigrant in the United States is breaking the law every day, hour and minute he is here. Breaking the law is not good. Breaking the law every day is especially not good. Good people do not break the law every day.

Clear?

Roberto Beristain is the owner of a popular restaurant in Granger, Indiana called Eddie’s Steak Shed. He came to the United States illegally from Mexico City  in 1998. Somehow he obtained documentation to work in the country, even a Social Security card, and checked in with ICE each year. In 2000. Roberto and his wife, Helen  were visiting Niagara Falls—such an American thing for a couple to do!— and accidentally crossed into Canada. When officials realized he was in the U.S. illegally as he tried to return, Roberto was detained. Released on bail,  he was told he had to voluntarily leave the U.S. within a month. Beristain says he did not leave because Helen was pregnant.

Ah. All should be forgiven then! This is known as “making up your own exception to the law.” Also not good.

When Roberto checked in with  ICE last month, that 2000 episode finally came up. ICE took Beristain into custody because when he failed to deport himself, his voluntary order reverted to a final order of removal. Why did it take more than a decade for Immigration to notice?

Don’t get me started. Continue reading

30 Comments

Filed under Character, Childhood and children, Citizenship, Ethics Dunces, Government & Politics

The Good Illegal Immigrant

carlosThe New York Times placed on its front page this week a profile of an impeccable citizen of West Frankfort, Illinois:

Juan Carlos Hernandez Pacheco — just Carlos to the people of West Frankfort — has been the manager of La Fiesta, a Mexican restaurant in this city of 8,000, for a decade. Yes, he always greeted people warmly at the cheerfully decorated restaurant, known for its beef and chicken fajitas. And, yes, he knew their children by name. But people here tick off more things they know Carlos for.

How one night last fall, when the Fire Department was battling a two-alarm blaze, Mr. Hernandez suddenly appeared with meals for the firefighters. How he hosted a Law Enforcement Appreciation Day at the restaurant last summer as police officers were facing criticism around the country. How he took part in just about every community committee or charity effort — the Rotary Club, cancer fund-raisers, cleanup days, even scholarships for the Redbirds, the high school sports teams, which are the pride of this city.

Now, in part due to a record of two drunk driving arrests, Hernandez  has been  arrested, and is facing deportation. He is, after all, an illegal immigrant, one who crossed into the United States from Mexico in the late 1990s and  never completed efforts to legalize his status. His friends and neighbors, the Times reported, are flooding officials with letters and calls for leniency and forbearance. The mayor of West Frankfort wrote that Hernandez was a “great asset” to the city who “doesn’t ask for anything in return.” The fire chief described him as “a man of great character.” Richard Glodich, the athletic director at Frankfort Community High School, wrote, “As a grandson of immigrants, I am all for immigration reform, but this time you have arrested a GOOD MAN that should be used as a role model for other immigrants.”

“I knew he was Mexican, but he’s been here so long, he’s just one of us,” The Times quotes a West Frankfort resident as citing what she says is a distinction between “people who come over and use the system and people who actually come and help.” “I think people need to do things the right way, follow the rules and obey the laws, and I firmly believe in that,” added the owner of a local beauty salon. “But in the case of Carlos, I think he may have done more for the people here than this place has ever given him. I think it’s absolutely terrible that he could be taken away.” Continue reading

40 Comments

Filed under Character, Citizenship, Government & Politics, Journalism & Media, Law & Law Enforcement, U.S. Society

“Don’t Breathe” Ethics

I just watched the 2016 horror/suspense thriller “Don’t Breathe,” in which Stephen Lang, always excellent, plays a blind veteran whose home is invaded by three self-righteous young sociopaths who intend to rob him. The movie is the latest genre movies with ethical mind-benders concocted in the House of Raimi, as Sam Raimi, the flamboyant auteur behind “The Evil Dead,” “Xena,” the first couple Spiderman movies and especially “Drag Me To Hell,” was the lead executive producer here and Raimi’s protege, Fede Alvarez, directed and wrote the script.

How do I do this without spoiling the film for someone who hasn’t seen it? I can’t. If you intend to ever see the hit 2016 movie but have not yet, then just wait for the next post. Otherwise, read on.

“Don’t Breathe” becomes one of those monster movies where you start rooting for the monster, and even that doesn’t encompass the  ethical morass the movie creates. Imagine “Wait Until Dark”except that the imperiled blind woman (Audrey Hepburn) is replaced by a blind Steven Seagal (the younger, thinner version), or maybe Billy Jack, and he beats the living daylights out of  or kills the three middle-aged male thugs—including a creepy evil mastermind played by Alan Arkin— who get into his house.

Got that? Okay, now replace the three thugs with three attractive twenty-somethings, including a troubled young woman trying to start a new life after an abusive childhood. Continue reading

9 Comments

Filed under Arts & Entertainment, Law & Law Enforcement, Rights, U.S. Society

Did Apple Kill The Little Girl?

driving_-selfie-car

A Christmas Eve tragedy from 2014 has sparked another ethically provocative lawsuit.

James and Bethany Modisette were driving through Denton County, Texas, on the evening of December 24, 2014, when they had to stop their car due to a traffic incident ahead of them on the Interstate. Their children, Isabella, 8, and Moriah, 5, were in the back seat, Everyone in the vehicle had a seat belt fastened.

Meanwhile, Garrett Wilhelm, idiot, was chatting away on his phone using the FaceTime app, and didn’t notice that the traffic ahead of him was stopped. His car rear-ended the Modisettes’ vehicle at 65 mph. Little Moriah was killed.

Now the Modisettes have filed a lawsuit against Apple, the maker of the app and the iPhone it was used with, citing a “failure to install and implement the safer, alternative design … to ‘lock out’ the ability of drivers to utilize the FaceTime application.” In the suit, the parents claim the company didn’t warn FaceTime users like Wilhelm that “the product was likely to be dangerous when used or misused in a reasonably foreseeable manner.” Continue reading

34 Comments

Filed under Business & Commercial, Character, Ethics Alarms Award Nominee, Law & Law Enforcement