Another Unethical Jury, Another Dead Canary In The Mine of Democracy

In Allegheny County Pennsylvania, the murder trial of Safon Gump ( I swear that’s his real name) ended in a mistrial last week because a juror smoked or vaped marijuana in the jury room during a lunch break and the judge was unable to determine who.

Here I must interject my obligatory “I told you so!” note regarding my long-time insistence that legalizing pot after indoctrinating the public with the false message that it was harmless would prove to be a cultural and societal disaster undermining health, children’s socialization, the family, the economy, the workplace and more. All is unfolding as I foresaw, and it wasn’t all that difficult a prediction to reach either.

The selection of 12 jurors and two alternates had been completed and the jury empaneled as the prosecution called its first two witnesses. The judge adjourned the trial for lunch, but when court staff arrived at the jury room to release the jurors, the smell of marijuana was unmistakable. Smoking and vaping are not allowed in the Allegheny County Courthouse, and worse, all of the jurors had answered the question on their questionnaires about whether they were taking any medications that could impact your ability to sit on the jury had checked “no.”

The judge called each juror into his chambers and asked if he or she had been toking. He even summoned an additional criminal defense attorney to sit in to ensure that the jurors’ Fifth Amendment right against self-incrimination would be protected. That was unnecessary, because it had been agreed that no charges would be filed against the pot-puffing juror: everybody just wanted to ensure the integrity of the trial. The defense attorney, however, sounds like a woke, drug-loving jerk. “You have all of these privacy issues you have to worry about,” he told reporters.“The last thing we want to do is embarrass someone.”

Two Stories To Look Back Upon Ruefully When The Nation Has Gone To Pot And It’s Too Late To Reverse Course

Once heroin is legal, there will be no more heroin problem...

Once heroin is legal, there will be no more heroin problem...

One of the horrible results of the coming election—not as horrible as the possibility of electing Ben Carson, Hillary Clinton, Bernie Sanders or Donald Trump President, perhaps, but horrible still—will be the nation’s final capitulation to the movement started in the 1960’s to keep the country, the culture and the poor stoned. Cognitive dissonance will ensure it on the Republican side, as opponents to legal pot will be the same old fogeys who proclaim that gay marriage will destroy the earth, causing a valid and correct argument to be destroyed by a senseless one. Others in the party, caring about staying in power more than our society’s welfare, will just give in, citing the usual ethically inert rationalizations that legalizing drugs is the lesser of two evils and that we need to use treatment, not punishment. Meanwhile, Democrats will pander to its pot-loving base, while also stumping for state governments legalizing the crap to close budget deficits created by their fiscally irresponsible policies. Heck, even I would rather see the pot industry taxed instead of me.

And we will be bombarded by the pairing of pot legalization with the allegedly racist “mass incarceration problem,” which is really and truly the “too many African Americans break laws and expect to get away with it because their parents and culture don’t send the message that its a big deal” problem. The big deal they, and we, are now being told is that they get punished for breaking laws, which is racist because Black Lives Matter.

I was in court watching sentencings a couple months back in Northern Virginia. While the crimes the defendants being sentenced for were not drug related, every single one of those sentenced–-every one—had either  a pot charge dropped in favor of a guilty plea for a more serious crime, had record of drug arrests, or had tested positive for pot during while awaiting sentence or on parole. Bernie and Hillary and the gang (the gang including journalists, who like their weed) would have us believe that the prisons are just teeming with otherwise law-abiding black citizens who are there because they engaged in harmless recreational drug use and nothing else. The new paradigm, pushed by the President (of course), is that prison should only be for violent felons, not habitual scoff-laws who often dabble in violence too.

Ah, yes, this is all going to work out so well.

I  encountered two stories on the web that show the path we are on as well as the muddled thinking and dishonesty that got us there. Continue reading

7 Ethics Observations On The Incredibly Unethical Charlo Greene

KTVA (Alaska) reporter Charlo Greene reported on the Alaska Cannabis Club, medical marijuana business, during Sunday night’s broadcast without telling the station of the viewers that she owned it. As soon as the segment was over, she announced that she was the owner, and said,

“Now everything you’ve heard is why I, the actual owner of the Alaska Cannabis Club, will be dedicating all of my energy toward fighting for freedom and fairness, which begins with legalizing marijuana here in Alaska. And as for this job, well, not that I have a choice but, fuck it, I quit.”

Then she walked off the set.

How unethical is Charlo Greene? Let me count the ways: Continue reading

Annals Of The Ethics Incompleteness Theorem: The Snuggle House And “The Dress Code Effect”

Awww! Who could object to a little snuggle?

Awww! Who could object to a little snuggle?

Almost any rule, low or ethical principle can be deconstructed using what I call border anomalies. The first time I was aware of it was as a Harvard freshman in the late Sixties, when all assumptions, good and bad, useful and not, were considered inherently suspect. The college required all students to wear jackets and ties to meals at the student union, and up until my first year, nobody objected. But that fall, my classmates set out to crack the dress code, so they showed up for meals with ties, jackets, and no pants, or wearing belts as ties, or barefoot. (Yes, there were a lot of future lawyers in that class.) Pretty soon Harvard gave up, because litigating what constitutes ties, jackets and “proper dress” became ridiculously time-consuming and made the administration look petty and stupid. Of course, there are good reasons for dress codes—they are called respect, dignity, community and civility—-but never mind: the dress code couldn’t stand against those determined to destroy them by sending them down the slippery slope.

If any rules are to survive to assist society in maintaining important behavioral standards, we have to determine how we want to handle the  effects described by  the Ethics Incompleteness Theory, which holds that even the best rules and laws will be inevitably subjected to anomalous situations on their borders, regarding which strict enforcement will result in absurd or unjust results. The conservative approach to this dilemma is to strictly apply the law, rule or principle anyway, and accept the resulting bad result as a price for having consistent standards. The liberal approach is no better: it demands amending  rules to deal with the anomalies, leading to vague rules with no integrity—and even more anomalies. The best solution, in my view, is to regard the anomalies as exceptions, and to handle them fairly, reasonably and justly using basic principles of ethics, not strictly applying  the rule or law alone while leaving it intact. Continue reading