justice

Compassion! Crime! Betrayal! Law vs. Ethics! Illegal Aliens! Christmas Spirit! The Golden Rule! Five Golden Rings! (Okay, Only Three Rings, And One Was Junk, But Still…) The ‘Awwwww Factor’! Could This Be “The Greatest Ethics Quiz Ever Asked”?

/ Jack Marshall / 27 Comments

[Special thanks to my friend (and the inventor of The Three Circles) lawyer/legal ethicist John May for alerting Ethics Alarms to this one.]

Sandra Mendez Ortega, a 19-year-old maid, stole three rings worth at least $5,000 from a house she was cleaning in Fairfax City, Virginia. Lisa Copeland, the client of the cleaning service, discovered her engagement and wedding rings were missing from the container where they were usually kept. The two rings were appraised at $5,000 in 1996, and a third less valuable ring was taken along with them. Fairfax City police  interviewed the three women who had cleaned the home, and they all denied seeing the rings, much less stealing them. Ortega, however, subsequently had second thoughts, and confessed to the theft. She told her boss that she had the rings and turned them over to him. He contacted the police,   Mendez Ortega confessed to them as well, saying she returned the rings after learning they were valuable. (Thus she only took them because she thought they weren’t valuable. Okaayyyy…) The police told her to write an apology letter to Copeland, in Spanish, in which she said in part, “Sorry for grabbing the rings. I don’t know what happened. I want you to forgive me.”

(I’m sorry, but I have to break in periodically so my head won’t explode. ” I don’t know what happened?” She knows what happened! She stole the rings because she thought she could get away with it.)

Copeland says she has never seen that letter, and that Mendez Ortega has never apologized to her in person. The maid was charged with felony grand larceny. At the trial, the jury found her guilty. (If she had confessed and was remorseful, why did she plead not guilty?)

But we are told that they felt sympathy for the defendant, who was pregnant with her second child, during the sentencing phase. “The general sentiment was she was a victim, too,” the jury foreman, Jeffery Memmott, told the Washington Post. “Two of the [female jurors] were crying because of how bad they felt.”  Although the  jurors convicted the maid of the felony, they agreed among themselves that it was just a “dumb, youthful mistake.” So they decided that her punishment would be only be her fee for cleaning the house the day of the theft, $60. Then they took up a collection and raised the money to pay the fine, plus and extra $20.

(Yes, she made money on the transaction. Crime pays.) Continue reading →

Morning Ethics Warm-Up, 12/10/2017: Posts Collide! Journalists Self-Destruct! Women Undermine Themselves! And A Poll…

/ Jack Marshall / 20 Comments

Good morning!

1  Bingo!  Amy Alkon, aka the Advice Goddess, has been staking out lonely territory as a feminist who feels the #MeToo mob and its attendant hysteria is setting the cause of women back, not advancing it. Here most recent post begins by mocking an LA Times hysteric who wrote that

“What happens when society ignores sexual assault? You get Lesotho, where girls aren’t even safe at the grocery store…”

Akon responded in part…

This sort of ridiculous hysteria — that our country is anything like a place where 19% of teenaged girls are forced to marry — makes things here cumulatively worse, not better.This is the safest, most modern, most individual rights-driven country in the world.

If you are in a profession where there’s a great deal of money and power, there are likely to be sociopaths of various stripes who will prey on you — whether you’re a man or a woman. No, sexual assault should not be ignored, but we also don’t help ourselves by turning an invitation out for a drink by a co-worker into some sort of victimization.

If it isn’t your boss trying to manipulate you into the sack when you want no such thing; if there’s no quid pro quo; if requests for a date stop when you ask for them to stop (or maybe after the second time), do you really need to identify as a victim?…

People have conflicting goals and desires. Any two people. Heterosexual men negotiate these with each other. They’re very comfortable with it — as am I, no matter what sex or sexuality you are or have. If one person isn’t holding the other down or saying “fuck me, or you lose your job…” …If there’s merely a need for a mild rebuff (like, “Sorry, I don’t date co-workers), well, this seems to me like a normal part of adult life.

I predict two things from the current hysteria (where, say, a stolen kiss from a drunken co-worker is equated with Harvey Weinsteining and may even be seen as a firing offense):

1. Employers will think twice about hiring women, especially when they have the option of hiring a commensurately qualified male.

2. Men will start seeing escort workers in larger numbers than ever, and it will become more acceptable than it’s ever been to pay for sex.

2. Who will save journalism, and when will it admit is needs saving? Washington Post politics reporter Dave Weigel‏ mocked the President for declaring his Florida rally “packed to the rafters” last week. Wiegel’s tweet included a picture of a half-empty Pensacola Bay Center.This was, it turned out, a mistake, but also a mistake brought about by confirmation bias, sloppiness, and hostility to the President. Once again, the news media handed the President the ammunition to discredit it, as it deserves to be discredited.Trump tweeted after the rally...

“@DaveWeigel WashingtonPost put out a phony photo of an empty arena hours before I arrived the venue, w/ thousands of people outside, on their way in…Real photos now shown as I spoke. Packed house, many people unable to get in. Demand apology & retraction from FAKE NEWS WaPo!”

Weigel apologized, tweeting,

“Sure thing: I apologize…Was confused by the image of you walking in the bottom right corner…It was a bad tweet on my personal account, not a story for Washington Post. I deleted it after like 20 minutes. Very fair to call me out.”

Weigel is a well-known Washington Post reporter, and the fact that he botched this in his own name rather than the Post’s doesn’t diminish its harm to the credibility of the already reeling news media one whit. The apology was nice, but it was also unavoidable. While Trump certainly has primed journalist skepticism with his adversarial relationship to reality, reporters are supposed to be professionals, and leaping to conclusions without confirmation or sufficient evidence isn’t professional, or worthy of public trust. Fact: Weigel would not have done this to Barack Obama.

Weigel’s gaffe was minor compared to CNN’s fiasco the day before, or the Brian Ross episode at ABC, but it deserves to be considered as part of the same pathology. Wrote Glenn Reynold on his blog today,

In attempting to “denormalize” Trump, they’ve denormalized themselves. If they simply reported fairly and accurately, without their screamingly obvious bias, they’d be able to do him much more damage. But they can’t help themselves.

Bingo. They can’t help themselves, and the ethics alarms when bias looms just don’t sound. Today the New York Times has a front page story, complete with a creepy photo of the President, featuring a long, insulting quote from Nancy Pelosi about how “unprepared” Trump was for the job. Oddly, nobody thought, “Wait, did we publish anything like this about the most unqualified President elected up to that  point? You know, the last one?”
Continue reading →

Observations On The Acquittal Of Police Officer Philip “Mitch” Brailsford For The Fatal Shooting Of Daniel Shaver

/ Jack Marshall / 60 Comments

http://www.youtube.com/watch?v=M62Va6Ft2cw

  • What a terrifying video. I am literally shaking.

I wasn’t at the trial, but I will break my usual rule by saying that this jury, which acquitted the officer of murder charges,  does not deserve the benefit of the doubt, because there is no doubt. I cannot see any path by which the actions of the officer in shooting Shaver can be called reasonable, or anything but murder.

  • Brailsford said he thought Shaver might have been reaching for a weapon. If he wasn’t lying, and I’ll assume he wasn’t, then he was paranoid, and so devoid of normal senses of perception that the police force was negligent all owing him to carry a gun, or to be on the force at all.

Still shaking…

  • How could it have not been clear that Shaver was terrified? Or that he was not desperately trying to follow the officer’s instructions?

Are officers in Mesa trained to talk like that? I assume that they are trained NOT to talk like that, which can only be expected to escalate panic and anxiety and cause the situation to go out of control.

  • Michael Piccarreta, Brailsford’s attorney, convinced jurors that his client acted as reasonably, as a police officer, considering the totality of circumstances. That means that Brailsford acted like any reasonable officer would have when he  fire his AR-15 at a terrified young man crawling toward him as  he had directed. The officer had been called because someone had been reported as pointing a rifle outside of hotel window. Obviously, Shaver had no rifle on him.

Piccarreta did one hell of a good job.

Still shaking… Continue reading →

Yes, Virginia, There Is A White Supremicist Teacher Principle

/ Jack Marshall / 136 Comments

“Oops! Sorry.”

 

A commenter yesterday inquired about the Ethics Alarms position regarding efforts to punish participants at white nationalist rallies by publishing their photos on Facebook and other social media, presumably to help get them fired.

I’ll begin the analysis with the Naked Teacher Principle, explored in its many variations on Ethics Alarms, which states,

“A secondary school teacher or administrator (or other role model for children) who allows pictures of himself or herself to be widely publicized, as on the web, showing the teacher naked or engaging in sexually provocative poses, cannot complain when he or she is dismissed by the school as a result.”

The same general reasoning would apply to a secondary school teacher or administrator (or other role model for children) who placed videos or photos of himself or herself demonstrating in favor of racist causes, or giving the “Sieg Heil!” salute, on social media. Even a superb teacher, and one who never exhibited any racial bias at all, would be rendered untrustworthy by such photographs. A neo-Nazi has a right to his or her political views, but those views cannot interfere with the individual’s ability to do a job.

No, I wouldn’t trust a Klan member, a neo-Nazi or a white nationalist to teach my child.

The same would apply to social media posts, and the exact analogy are the college professors who have recently found themselves enmeshed in controversies by declaring on Twitter or Facebook that white people should be killed, that males are a social contagion, or similar bigoted sentiments. These teachers should be separated from their students, and many, though not all, have been. They are, however, publicizing themselves, as well as their bigoted views. Like the naked teachers who posed on-line, they are accountable for the images they project and publish, and how those images affect present and future employees.

However, this is different:

Thousands of strangers across the country had been working together to share photographs of the men bearing Tiki torches on the University of Virginia campus. They wanted to name and shame them to their employers, friends and neighbors. In a few cases, they succeeded.

The activity described is a direct effort to punish people for  their opinions expressed through legal means. It is in the same unethical category as sending private e-mails that reflect badly on former lovers through social media, or using a questionable tweet to destroy the life and career of the tweeter. This kind of  “amateur sleuthing”  as the Times whitewashes the practice, is vicious, destructive, reckless, unfair, and a Golden Rule breach.

I have already pointed out that I might be tempted  join a demonstration against the unethical airbrushing of history that taking down Robert E. Lee’s statue in his home state represents. If I were an idiot (but not a bigot), and didn’t recognize that the white nationalists were just exploiting the General’s memory for their own agenda, I might have been in that group of Tiki torch marchers. A photograph of me marching with a bunch of Klansman and neo-Nazis would hardly be good for my ethics business, though I would be completely innocent of racist views.

The “amateur sleuths” also are not always correct (being amateurs, after all) , as well as being self-righteous, vicious, and opponents of free speech. The Times describes that fate of a professor, Kyle Quinn, who runs a laboratory dedicated to wound-healing research, and who resembled another man caught in a photo marching with the racists. Quinn was attacked on Twitter and Instagram, and social media demanded that he be fired, accused him of racism, and posted his home address online.

Nice.

Be proud, you vicious social justice warriors! Continue reading →

From “The Pazuzu Excuse” Files: The Justly-Fired TV Reporter’s Lament

/ Jack Marshall / 32 Comments

http://www.youtube.com/watch?v=npWFv6rYmjU

Colleen Campbell, a local  Philadelphia television reporter, got herself fired for an obscenity-packed rant berating a cop  outside a Philadelphia comedy club. What she didn’t know was that the whole, ugly thing was filmed. You know that rule that says “ethics is what you do when nobody’s looking except your embarrassed companion and a policeman who you have no respect for anyway because he’s just a cop? That’s the one Colleen whiffed on.

Campbell ae was kicked out of the club for “loud whispering” throughout the show. Once outside, she denied being disruptive to an officer who removed her. The officer replied that Campbell and her male friend needed to just leave the scene. The reporter replied, charmingly,

“Or what? Or what, motherfucker? Lick my asshole. How about that? Fucking piece of shit. That’s why nobody likes fucking police … idiots in this fucking town.”

Campbell, 28, didn’t know her act was caught on camera and posted to Facebook until after she received word from the station that she had been fired. Now she says…

“That’s not me or how I talk or act or anything at all…I don’t know what to do. I feel ruined and embarrassed for me and my family….I feel awful…That’s not me or how I speak or how I talk or how I was raised. I had to delete all my social media, because I’m getting threats….I wanna apologize to the officer. I don’t remember the whole altercation at all. I remember feeling attacked. I would never talk like that. It was like watching a whole different me.”

The Kathy Griffin episode sparked several of those currently popular blog posts and web essays about how social media destroys people who make “one mistake” and if it could happen to them, it can happen to you. Ethics Alarms has had several of these posts in the past, always about regular citizens who had an ugly e-mail distributed to the universe by an angry girl friend, or a tasteless or misunderstood tweet to a friend gone viral. No question: these web lynchings are out of proportion to the offense. Continue reading →

From “The Good Illegal Immigrant” Files: If You Want To Enforce Our Laws Against Illegals, Apparently You Deserve To Die, And Democrats Will “Get You”

/ Jack Marshall / 54 Comments

Texas state Rep. Philip Cortez (D) told the Washington Post,  “We were just on the floor talking about the SB4 protests, and [state Rep.] Matt Rinaldi came up to us and made it a point to say, ‘I called (ICE) on all of them. And this is completely unacceptable. We will not be intimidated. We will not be disrespected.”

Who is “we”? It Cortez an illegal immigrant? I hope not, because that would be illegal and a violation of the Texas Constitution. Why would he be intimidated and disrespected by an elected lawmaker reporting law breakers to appropriate authorities? It is clear that he wasn’t  intimidated or disrespected. What kind of elected official feels disrespected when he is told, “I just reported those people who are holding signs that say, ‘I broke the law, and I’m proud of it, nyah nyah nyah!.“?   This is just the unconscionable rhetorical slight of hand being habitually used by open-border advocates and unprincipled Mexican-American lawmakers to pander to their constituency.

It is not “completely unacceptable” to report illegal immigrants to ICE. It is completely unacceptable for an elected official to make the nonsensical, rule-of-law rejecting statement that doing so is unacceptable. Continue reading →

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

/ Jack Marshall / 29 Comments

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 →

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

/ Jack Marshall / 26 Comments

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 →

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

/ Jack Marshall / 52 Comments

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 →

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

/ Jack Marshall / 30 Comments

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 →