14 Ethics Musings On The Death Of Francisco Serna

keith-scott

Scott and Serna.

From The Washington Post:

Slightly after midnight on Monday, police in Bakersfield, Calif., received a call concerning a man thought to be brandishing a weapon in a residential neighborhood.

Shortly after police arrived, 73-year-old Francisco Serna — who family members said was suffering from the early stages of dementia — walked out of his home and into his driveway. When Serna, who was unarmed, did not comply with officers’ orders to remove his hands from his jacket pocket, one officer fired seven shots at him, killing him.

During a canvass of the premises that lasted at least until the following afternoon, police did not find a firearm on or near Serna. Instead, they found a crucifix.

Questions and Observations:

1. The shooting occurred two days ago, on December 12. There have been no organized protests, or community groups, family lawyers or anyone else suggesting that the shooting was murder, or an example of police animus toward the community. Why not?

2. The circumstances of the shooting were notably similar to the police involved shooting of Keith Scott in Charlotte, North Carolina, except that in the case of Scott, the officer believed the victim had a gun, and he did have a gun. Nonetheless, that shooting triggered two days of rioting. Why?

3. In the Scott shooting, both officer and victim were black. In the recent shooting in Bakersfield, officer and victim were white. Why did one shooting become a racial incident and the other not, when the conduct of the police officers were essentially identical, and the provocation for the shootings  were similar as well?

4. One difference in the two episodes is that in Charlotte, a false narrative was launched by a family member to make the shooting appear to be a case of excessive force with a police cover-up. Is it just felicitous that this did not occur in Bakersfield, or was the Charlotte episode different in some way that caused events to resemble the aftermath in the Ferguson and Freddie Gray police-involved deaths?

5. If Francisco Serna had been black and all other facts the same, is there any reason to believe that the aftermath, including recriminations, accusations and attacks on police, the justice system and the nation’s culture, would have been any different than they have been every time an unarmed black man, or a black man who was reported as being unarmed, has been shot by police? If there is not, what does that tell us? Continue reading

No Charges In The Keith Scott Shooting, And An Ethics Test For Black Lives Matter

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Yesterday,  Mecklenburg, North Carolina District Attorney Andrew Murray announced that the investigation into September’s fatal police shooting of Keith Lamont Scott had found no legal wrongdoing. This meant, in addition to the fact that officer Brently Jackson, who is black, would not face trial, that the two-days of riots inflicted on Charlotte after the Scott’s death were even more inexcusable than riots generally are. People who claimed on social media that they had seen the shooting and that Scott was unarmed admitted to investigators that they hadn’t seen what they said they saw. Evidence in the case showed that Scott stepped out of his SUV  holding a gun—his DNA was retrieved from the weapon found at the scene—and ignored at least ten commands from the five officers on the scene to drop it. Individuals who behave like that are likely to get shot, and deserve to be. No case, no outrage, no systemic racism.

Following the shooting, however, this was a Mike Brown encore, complete with angry, loud, false accounts and social media rumors focused on making Scott’s death another rallying point for race-hucksters, politicians who felt they could benefit from dividing the country by color, and irresponsible pundits.

From the Ethics Alarms post on September 21: Continue reading

Ethics Heroes: North Carolina Democrats

gop-firebombing

Someone firebombed a Republican Party office in North Carolina over the weekend, and added some graffiti telling “Nazi Republicans” to leave town. Police are investigating; I don’t know why, since Donald Trump, responsible and fair as ever, already announced that the Clinton campaign did it.

trump-tweet-ncInspired by a tweet from University of North Carolina’s School of Information Science’s Zeynep Tufekci, David Weinberger of Harvard’s Berkman Klein Center for Internet & Technology launched a campaign on GoFundMe to rebuild the ruined office. He wrote on the fund’s page,
Continue reading

Incompetent Elected Officials Of The Month: The Charlotte City Council

ziannaoliphant

Awww!

 9-year-old Zianna Oliphant spoke at a Charlotte City Council meeting about race, police violence, and reform. Tears streamed down her cheeks, and, of course, the video “went viral.” She has kept talking, expert on urban governance and law enforcement that she is, since she earned her fifteen minutes of fame. “I was just feeling like what the police are doing to us, just because of our skin, is not right,” the fourth-grader told NBC.

Of course, she knows absolutely nothing about the issues involved. She has no idea whether what happened to Keith Lamont Scott was ” done to us, just because of our skin” or done to him, because he threatened a police officer. (It was done to him, by a black cop, who, if he was doing it because of the color of Zianna’s skin needs to be put on a suicide watch.)

All Zianna knows is what she has been taught, and based on what she said, she has been indoctrinated by her family and community into be a police-fearing, anti-white racist. Now that this is happening to the black children of Charlotte and elsewhere is important information that should be part of the discussion, but that’s not how her statements are being used. She is being exploited by adults who know that their opinions become more persuasive coming out of the mouths of babes, and she is being accorded undeserved  moral authority because she is young and innocent. Zianna also has a fourth grade education and maybe six years of life experience. Wow.

What can such an individual contribute to a public policy debate so complex that elected officials, scholars and public policy experts don’t know how to proceed? Nothing. N-O-T-H-I-N-G. A nine year-old girl, even the most brilliant nine-year-old girl who has ever lived, is useless. A City Council that would waste deliberation and consideration of  critical issues on the testimony of children, however moving,  should just hand in their resignations en masse. They are incompetent and a disgrace.

In the alternative, Charlotte should give voting privileges to anyone over the age of five. Maybe they will. Continue reading

Do We Really Want To Live In A Society Where Tow-Truck Drivers Refuse To Tow The Cars Of Bernie Sanders Supporters?

Bernie Sticker

In Ashville, North Carolina,  tow truck driver Ken Shupe arrived on the scene to find motorist Cassy McWade standing by her accident-disabled vehicle  on Interstate 26. “He goes around back and comes back and says ‘I can’t tow you,” Wade told a reporter. “My first instinct was there must be something wrong with the car. And he says, ‘No, you’re a Bernie supporter.’ And I was like wait, really? And he says, ‘Yes ma’am,’ and just walks away.”

Here’s Shupe’s version:

“Something came over me, I think the Lord came to me, and he just said get in the truck and leave. And when I got in my truck, you know, I was so proud, because I felt like I finally drew a line in the sand and stood up for what I believed.”

A few quick points and then I’ll get to the real issue:

1. Shupe is an utter, virulent, IQ-deficient jerk whose conduct and attitude makes a mockery of whatever faith it is cursed to have him belonging to it, and constitute a blight on the society, community,culture and nation so unfortunate as to be stuck with him.

2. News reports make a big deal out of the fact that McWade is confined to a wheelchair. Ah: the theory is that we are only obligated to help our handicapped neighbors in need, is it? It shouldn’t matter if she was an Olympic medalist in the 50 yard dash. You don’t treat other human beings like that in any society that values human rights and common decency.

3. Shupe’s company is Shupee Max Towing in Traveler’s Rest, South Carolina. Nobody in their right mind should patronize this unAmerican creep, including his own family. This was anti-social,  cruel and objectively horrible behavior toward someone in need, and Shupe needs to be shunned, hard. If he can’t co-exist with others any better than this, he needs to live in a cave somewhere, because he’s not fit for human association.

4. To anticipate an objection: you may ask how it is that I can argue that friendship should outweigh political differences and advocacy of unethical conduct, and yet designate Ken for ignominy and rejection. If Ken were a friend of mine, I can see myself standing by him even after this miserable behavior. But, as Samuel L. Jackson tells John Travolta in “Pulp Fiction,” “We’d have to be talkin’ about one charming motherfucking pig.”

In a way, however, we should be grateful to Ken Shupe, who has provided in short order and timely fashion a near perfect example of the society-wrecking virus being actively spread by irresponsible zealots on both ends of the political spectrum who are determined to divide the nation and the culture as never before. Yes, never before. During the American Civil War, generals on opposite sides of some of the most bloody battles ever fought arranged to meet and exchange pleasantries, because they had been, and remained, friends. They understood what the self-righteous tow-truck operator, and, increasingly, our entire society, doesn’t. Continue reading

An Urgent And Probably Futile Call For Empathy And Compassion For The Victims Of Cultural Whiplash

north-carolina-protest-transgenderIt is sobering to read  the hateful and contemptuous comments from so many of my Facebook friends about the legislators of Georgia, Indiana, North Carolina, Mississippi and other states that have either passed or have tried to pass laws allowing citizens to opt out of the cultural freight train that gives them the option of boarding or getting crushed. Whether these are “religious freedom” laws or “bathroom laws,” aimed at transgendered interlopers in the once orderly realm of public bathrooms, or whether they are designed to fight for the definition of marriage as “between a man and a woman,” these laws, every one of them unwise and unethical, and probably unconstitutional too, need to be regarded as the inevitable and predictable result when human beings are forced to absorb cultural shifts in a matter of years or less that properly would evolve over generations

Culture–what any society, country, region, religion, business, organization, club, family, secret society or tree house agrees over time as how they do things, think about things, what is right and what is wrong, what is remembered and what is forgotten–is a constantly evolving process. Efforts to freeze it inevitably fail, because human beings as a species can’t stop themselves from learning. Efforts to rush the installment of major changes, however, can be disastrous, even when there seems like no alternative but to rush.

Laws don’t automatically change culture. They are part of the process, both reflecting and facilitating cultural shifts, as well as institutionalizing them. They do not even mark the end of such shifts. Nobody should be surprised, angry or abusively critical when those who have been raised to believe in certain values and practices feel betrayed and mistreated, and see the need to resist when their sense of what is right is suddenly proclaimed as not only wrong but the sign of a character deficiency and a cause for denigration and disrespect. Continue reading

North Carolina Rep. Billy Richardson (D- 44th District) Now Says He Was Wrong To Vote For “The Bathroom Law”

[CORRECTION: The original version of this post erroneously identified Richardson as a Republican. He is a Democrat. Ethics Alarms apologizes for the error. As far as the assessment of the conduct goes, I do not believe it makes any difference, however.]

Billy Richardson’s rational-sounding, remorseful, full-throated endorsement of diversity and respect for LGBT Americans is the most disgusting and damning piece of political weaseldry I have ever seen, and, I desperately hope, ever will see. This man voted for the new North Carolina law that validates oppression against gays and transgender individuals, and now “upon prayer and reflection,’ suddenly sounds like Dan Savage on a polite day. The law is a travesty, he says. It undermines the right to be free of discrimination based on one’s sexual orientation, he says. I agree with him, but why did he vote for the bill in the first place, and why is he suddenly a passionate human rights advocate now?

I can answer both questions, because they have the same answer. Both his vote and his sudden reversal are the result of having no principles, not integrity, no core beliefs, no courage, no honesty, and no business holding high office. The law was not mysterious: it is blatant in its objective and philosophy. Voting for such a bill is signature significance: no one who has any respect of regard for LGBT citizens, their families, or the Constitution under which they live would consider voting for such a law, unless the official voting just casts his votes according to where he senses the winds are blowing, and regards politics as a game of profit, like playing the stock market. Once the law provoked violent opposition and the likelihood that the 1) the state would lose revenue and jobs and 2) the fools who voted for such a despicable measure would pay a dear price, Richardson was suddenly filled with contempt for those  “who would demonize a group of citizens to gain political advantage and to advance an unjust agenda.” You know, like him.

“Instead of recognizing the right to be free of discrimination based on one’s sexual orientation, HB2 gives green light to this discrimination in housing, employment and other areas,” he writes.  “To paraphrase Supreme Court Justice Anthony Kennedy, we must never make any group of citizens a stranger to the laws of their own state.”

Gee, who sent that quote to him, God? He does tell us he was praying about this, after all. Boy, Richardson is quite a walking advertisement for the power of prayor! Just like that, BOOM!, his entire political, sexual and civil rights philosophy changed, and his favorite songs became “Kumbaya,” “We Shall Overcome,” “This Land is Your Land,” and “YMCA.”

Richardson is insulting his state’s citizens by showing that he regards them as gullible fools, and perhaps they are. I know that the foes of the bill will be happy to use him now as a politician who, mirabili dictu, has seen the light, even though he has outed himself as a cowardly, principle-free liar.

Does one of his bigoted colleagues who will fight like a rat to defend this awful law deserve more respect than Richardson? Absolutely! Richardson is the soldier who will switch sides as soon as it is clear that his own side is losing. He is the epitome of what Donald Trump’s supporters believe all politicians are–soulless, untrustworthy, craven, glib and able to wrap themselves in any disguise for a single purpose: their personal profit and survival. Such politicians are useless to anyone, and the scourge of democracy. Continue reading

Ethics Dunce: Bruce Springsteen

Dear Loyal Fans: I'm mad at your state, so I'll take it out on you. Love, Bruce.

Dear Loyal Fans: I’m mad at your state, so I’ll take it out on you. Love, Bruce.

I want to express my appreciation to “The Boss” for beautifully illustrating why so many boycotts are unethical, and frequently stupid as well.

First, Springstein’s statement:

springsteen-statement

Continue reading

Ethics Dunces: PayPal, And Those Applauding Its Unethical Grandstanding

PayPal-logo-1

The online payments company PayPal announced that it is cancelling plans to open an office in Charlotte, North Carolina because the state’s so-called “bathroom law” “violates PayPal values.” Dan Schulman, PayPal’s president and chief executive, wrote in a statement this week:

“The new law perpetuates discrimination and it violates the values and principles that are at the core of PayPal’s mission and culture. As a result, PayPal will not move forward with our planned expansion into Charlotte.”

My many knee-jerk progressive Facebook friends immediately slapped their seal-flippers together and barked their approval in unison. “I (heart) PayPal!” more than one wrote. “PayPal is my hero!” wrote others.

Never mind that a corporation has no business using financial muscle to exercise extra-legal vetoes over legislation in states where it is not a citizen and where the actual citizens, in their legal exercise of their rights, have elected representatives who duly passed it. This cheering on excessive and abusive influence on governance by big corporations is especially hypocritical coming from supporters of Bernie and Hillary, who regularly claim that allowing companies the right to engage in political speech magically robs voters of their ability to reason and causes all to vote, zombie-like, according to corporate America’s will.

This is why Bernie Sanders and Donald Trump are leading…wait, that doesn’t make sense, does it? Actually none of the popular and media attacks on Citizens United are grounded in reality, law, or comprehension of the Constitution, and virtually none of the indignant opponents of the decision have read it or listened to the revealing oral argument. But I digress. The point is that the progressives endorse the practice of corporations using their power to warp the system in directions progressives like, but believe that this—this meaning bullying, threats and coercion— is the only form of influence that should be allowed—certainly not speech and advocacy.

That is just half of what makes the cheering for PayPal foolish and cynical. For PayPal is playing these people like a harpsichord, and indulging in outrageous, hypocritical grandstanding. Moving an office into North Carolina where the bathroom privileges of trans citizens are being restricted “violates the values and principles that are at the core of PayPal’s mission and culture,” but somehow… Continue reading

North Carolina’s Conflicted, Disloyal, Unethical Attorney General, Roy Cooper

A candidate masquerading as a lawyer...

A candidate masquerading as a lawyer…

Roy Cooper, North Carolina’s elected Attorney General, has so many conflicts of interest that he can’t credibly do his job in an ethical manner. Fortunately for him doing his job ethically seems to hold no interest for him.

To start with, he is an announced political opponent of the current Republican governor, Pat McCrory. This situation is not unique, but if an Attorney General is going to do his job ethically, for remember he is the state’s lawyer, he has to make an effort to put his political interests aside and not allow them to interfere with his duty to represent his client the state, whose voters have made McCrory its top decision-maker.

Cooper, however, isn’t making any such effort. House Bill 2, a state law passed last week that bars local governments from enacting nondiscrimination protections for the LGBT community, is anathema to Cooper’s constituency, so he is refusing to defend it in court against a federal lawsuit. If he were a private attorney whose beliefs rendered it impossible for him to represent his client, Cooper would have to resign. Since he is elected, he need not do that, but he can’t actively interfere with his client’s legal needs either. His proper course under the legal ethics rules governing all lawyers would be to find an outside counsel to do his job in this case, since he is incapable of doing it, and to defend the law.

Instead, Cooper is actively undermining his client’s legitimate objectives.  Cooper said in a news conference that the law is a “national embarrassment” and it “will set North Carolina’s economy back if we don’t repeal it.” That’s the candidate talking, not the state’s lawyer, and thus the state’s lawyer is engaged in a bright-line breach of loyalty by talking like that in public. His duty, and his only ethical option, is to shut up. He may not be able to support his client’s objectives, but he absolutely must not impede them.

Cooper has even gone beyond that ethical violation to a massive conflict of interest breach. Instead of defending McCrory, the Board of Governors and the others being sued in the federal lawsuit, Cooper has announced that he will defend the two LGBT people and the lesbian professor bringing the lawsuit against the state! Continue reading