police

If They Threw Elliot In Jail For Kissing Erika Eleniak, What Would Have Happened To E.T.?

/ Jack Marshall / 25 Comments

In a memorable scene in “E.T.,” young hero Elliot (Henry Thomas), intoxicated by his psychic link to his marooned space alien pal, loses impulse control during Middle School science class and, while E.T. watches John Wayne’s passionate kiss with Maureen O’Hara in “The Quite Man,” embraces the class heart-throb—played by barely pubescent “Baywatch” babe-to-be Erika Eleniak!

Erika

— and gives her a passionate smooch.

If Spielberg’s classic premiered today, this scene might be condemned as sexual assault by feminists, who would insist that Elliot should have been charged. Is that really fair? Rational? Sane?

At  Pikesville (Maryland) Middle School, a 13-year-old boy has been charged with second-degree assault for kissing a 14-year-old girl on a dare. Police were called to the scene by the school, undoubtedly influenced by the current sexual assault freak-out on college campuses. (The proper response of an ethical and well-led police force, by the way, would be “Don’t waste our time.”) Continue reading →

Unethical Quote Of The Month: The Democratic National Committee

/ Jack Marshall / 15 Comments

blm

“[T]he DNC joins with Americans across the country in affirming ‘Black lives matter’ and the ‘say her name’ efforts to make visible the pain of our fellow and sister Americans as they condemn extrajudicial killings of unarmed African-American men, women and children.”

—-The Democratic National Committee, in a resolution passed last week endorsing #Black Lives Matter”

You think that having Donald Trump running (temporarily and momentarily) as a front-runner in the race for the 2016  Republican Presidential nomination is embarrassing for Republicans? That’s nothin’! The official endorsement of the racist, violence-promoting, anti-police and anti-rule of law movement Black Lives Matter ought to disqualify the Democratic Party as a trustworthy political organization until it stops pandering and apologizes for this statement.

Black Lives Matter is a racist, anti-white, hate-fueled organization that considers any law enforcement involving black criminals presumptively racist. The movement continues to rely on false and discredited media and activist narratives (“Hands up! Don’t shoot!”), citing “victims” like Michael Brown as the justification for its existence, presuming guilt in cases where the facts are uncertain or in legitimate dispute (Eric Garner was not “choked to death,” nor was he intentionally killed; Sonny Gray’s death is still unexplained; there is no evidence that Tamir Rice’s death was related to race). The primary result of the group’s efforts so far have been to increase racial tensions, to spark deadly attacks on police officers, and to cause a catastrophic rise in urban murders as police avoid proactive methods and stops involving black suspects to avoid becoming the next Darren Wilson. Continue reading →

The Nurturing Of Race Hate, Part Two: The Daniele Watts Saga

/ Jack Marshall / 14 Comments

daniele-watts

Last September, African-American actress Daniele Watts (“Django Unchained”) engaged in lewd, if non-felonious, public conduct, then exploited the tensions arising out of Ferguson to claim victim status, police harassment and race prejudice. When the police were exonerated by the recording of her arrest and she was ordered to apologize by a judge (and asked to apologize by civil rights leaders, who were embarrassed after they rallied to her support only to find that she had played the race card without  justification), she failed—twice—to deliver a sincere apology. She is defiant and intoxicated by her martyrdom, another young African American who has been convinced of her entitlement to be an anti-white racist.

To appreciate the tale, we have to go back to September 11, 2014, when the actress and her white boyfriend, a “celebrity chef,” were visibly engaged in sexual conduct in their car in broad daylight on an LA street. Neighbors complained—we have not yet reached the point where rutting in public is legal and acceptable, but give progressives time—and police responded. Naturally, as this was at the height of the Ferguson controversy, the news media immediately reported the story as more police harassment of black citizens, this time for “kissing while black.” Here’s a typical account from  September 14: Continue reading →

Law vs. Ethics: A Snatched Bar Mitzvah Gift, A Leaky AG, An Embarrassing Scoreboard, and”OINK”

/ Jack Marshall / 19 Comments

Oink

I try to keep my legal ethics seminars up-to-the-minute, so while preparing for yesterday’s session with the Appellate Section of the Indiana Bar, I came across a bunch of entertaining stories in which the ethics were a lot clearer than the law, or vice-versa. All of them could and perhaps should sustain separate posts; indeed, I could probably devote the blog entirely to such cases.

Here are my four favorites from the past week’s legal news, involving a mother-son lawsuit, a brazenly unethical attorney general, a college scoreboard named after a crook, and police officer’s sense of humor: Continue reading →

Suggested Journalism Ethics Rule For The Washington Post: If You Want To Publish Race Hate, Anti-American Op-Ed Pieces,At Least Insist That They Don’t Misrepresent The Facts.

/ Jack Marshall / 11 Comments

Is that too much to ask?

Sunday last,  the Washington Posts’s Outlook section included an anti-American diatribe against police and whites by a California public defender named Raha Jorjani. I know there are black racists that see the world, law enforcement and government as he does, and there is nothing wrong or irresponsible in the Post allowing such screeds to see the light of day in its pages—all the better to expose them. I would feel better if the equivilent racist bile from the white side was not treated differently, but I tire of pointing out this double standard, at least right now.

But no editor should allow such a piece to include factual distortions on the scale of the opening paragraph, which begins,

Suppose a client walked into my office and told me that police officers in his country had choked a man to death over a petty crime. Suppose he said police fatally shot another man in the back as he ran away. That they arrested a woman during a traffic stop and placed her in jail, where she died three days later. That a 12-year-old boy in his country was shot and killed by the police as he played in the park.

Suppose he told me that all of those victims were from the same ethnic community — a community whose members fear being harmed, tortured or killed by police or prison guards. And that this is true in cities and towns across his nation. At that point, as an immigration lawyer, I’d tell him he had a strong claim for asylum protection under U.S. law.

What if, next, he told me he was from America? Black people in the United States face such racial violence that they could qualify as refugees.

The short and well-earned response to his last sentence is “Bullshit.” Before one can even get to his offensive and absurd (and paranoia-seeding: the lawyer must regard it as good for business) thesis, the utter dishonesty of his premises disqualify the op-ed for serious consideration, as well as raise question about the way this guy would practice law. If that is how he represents facts in court, he won’t be a lawyer long: Continue reading →

Protest Ethics: Of Ferguson, “Facts Don’t Matter” And The Unethical Anniversary

/ Jack Marshall / 26 Comments

Ferguson anniversary

On August 8, political leaders, national activists and hundreds of people including Cornel West and the relatives of Eric Garner and Oscar Grant came to Ferguson, Missouri. They chanted, sang and marched in a vigil to commemorate the death of a young black man who was shot in the act of attacking a police officer, because a false account by one of the young man’s pals created racial division, began an unraveling of trust in police nation wide, ruined the police officer’s career, prompted attacks on the grand jury system, and launched a lie, “Hands Up! Don’t Shoot!,” that dominated protests in many cities for months. There are many destroyed businesses and lost lives because of the events in Ferguson last year.

Why is anyone commemorating them?

Because, in this issue, facts don’t matter. Or “Facts Don’t Matter.” This will be a regular mantra on Ethics Alarms, until they do.

Activists urged the crowd not to let Brown’s death “be in vain.”  What does that mean? Mike Brown threw his life away. He was no martyr, no hero. Can an ethical and positive movement be constructed on a false narrative and a phony hero?

Nope. Continue reading →

Of Course Sandra Bland Shared Responsibility For What Happened To Her, And Other Observations On The Bland Tragedy

/ Jack Marshall / 56 Comments

Let us stipulate that trooper Brian Encina behaved unprofessionally and atrociously by any standard in his handling of the vehicle stop of Sandra Bland in Prairie View, Texas, on July 10, setting into motion a series of events that led to Bland’s death by apparent suicide in a jail cell three days later. The police work shown by the dashcam video is unforgivable, and could be used in officer trainings on how not to handle a traffic stop.

That does not make him responsible for Bland’s death, however. He was not responsible for an incompetent bail system that had this woman in jail for three days, apparently because it was a weekend, and if she did take her own life (agreed: since her family has no reason to trust authorities at this point, nothing is likely to convince them of that no matter what the evidence, and also agreed, the suicide verdict looks mighty shaky at this point), that is, by law and logic, an intervening cause that exonerate the officer in Bland’s death. Activists will make the obvious Freddie Gray comparisons, but in this case there is no reason to believe that the officer, no matter how wrongful his conduct, either intended or contributed to her death. At worst, Encina is guilty of bad policing and using excessive force. This is not the Freddie Gray case, unless there was a dark conspiracy of frightening proportions.

Once again, however, a black citizen is dead after a confrontation with a white cop. For many pundits, civil rights advocates and black racists as well as irresponsible elected officials, that’s evidence enough that this was a racial incident. It isn’t evidence enough, however. The racial identities of the participants do not mean race was a factor, and absent some other facts that we have not learned about yet, any effort to suggest otherwise is nothing but the Zimmerman con, assuming racism unjustly to advance a political agenda. Let’s see if the Justice Department launches a civil rights investigation this time….again, assuming nothing more suspicious turns up.  That would be the smoking gun evidence of this DOJ’s bias. I wouldn’t bet against it happening. Continue reading →

Unethical Quote Of The Week: The Huffington Post, Which Is Having A Really Unethical Week

/ Jack Marshall / 10 Comments

KKK assestance

“The photo has gone viral this weekend as netizens praise the officer’s extraordinary show of professionalism and grace under such trying circumstances.”

–—The Huffington Post, commenting on the photo above, showing black police officer Leroy Smith giving a feeble white supremacist assistance during the Ku Klux Klan rally held at the South Carolina Statehouse over the weekend.

Does the Huffington Post have any idea what professionalism is? Ethical conduct? Increasingly, I have my doubts, and this is just the latest example.

We already know the average “netizen” doesn’t know ethics from shinola, but the Huffington Post is a news and culture commentary site. One would think a basic comprehension of such concepts as duty, fairness, justice, responsibility and ethics would be essential. Well, let me rephrase that: they are obviously essential. One would think the Huffington Post would know that without them, its analysis of pretty much anything is worthless.

Look, you ethics dolts: Smith was doing his job, that’s all. The fact that he personally may have objected to the beliefs and words of the protesters is completely irrelevant to his professional obligations. He must treat all professionals the same. To do otherwise would un-professional, un-ethical, and wrong. Dominique Mosbergen is  apparently  of the opinion that the normal, professional thing to do is to refuse to help people whom you don’t like, agree with, or whose views offend you. Wait—isn’t this what the jerks who refuse to sell cakes to gay couples do? Somehow I don’t think Dominique agrees with those anti-gay marriage zealots or that she feels to just treat such customers as human beings would constitute an “extraordinary show of professionalism and grace.” Why does she think a black cop helping a distressed racist like he would a similarly needy  NAACP member because they are both citizens and as a public servant he is duty-bound to treat them both exactly the same is an “extraordinary show of professionalism and grace,” then?

It is because she is incompetent and ignorant. It is because she doesn’t comprehend what professionalism is. It is because to her, “White Racist Lives Don’t Matter,” so she is just bowled over when an African American acts without employing her biases.

Leroy Smith behaved like any professional would, and should. Nothing more, nothing less. Most cops do their jobs, and do them professionally. There is nothing newsworthy or extraordinary  about the photo, except to people who believe that the primary motivating factor for most people is hate.

_____________________

Pointer: Fred

“Black Lives Matter” Is Unethical, And So Are Politicians Who Pander To It

/ Jack Marshall / 102 Comments

black-lives-matterThat’s the tipping point for Ethics Alarms. “Black Lives Matter” is unethical, and those who use it are unethical. And politicians who grovel to those who criticize them for not embracing it are contemptible.

The Martin O’Malley embarrassment over the weekend clinched it for me. Demonstrators interrupted the former Maryland governor, mounting a pathetic campaign against Hillary Clinton for the Democratic presidential nomination, as he was speaking at the Netroots Nation conference. When they shouted, “Black lives matter!” a rallying cry of protests that has superseded “Hands Up! Don’t Shoot!” because that one was eventually exposed as a lie,  O’Malley—the naive, racist fool!!!!— responded: “Black lives matter. White lives matter. All lives matter.”

The activists  responded by jeering him and refusing to let him speak. .Later in the day, O’Malley, “showing the firm commitment to leadership in the face of adversity that we expect in a presidential candidate,” as one wag put it on Jonathan Turley’s blog—apologized, saying…

“I meant no disrespect. That was a mistake on my part and I meant no disrespect. I did not mean to be insensitive in any way or communicate that I did not understand the tremendous passion, commitment and feeling and depth of feeling that all of us should be attaching to this issue.”

I bent over backwards to defend Smith College President Kathleen McCartney when she apologized for using the phrase “all lives matter” in December of 2014. I wrote:

If an activist says to me, “too many children go to bed hungry!” and my retort is, “Too many people go to bed hungry!”, the unspoken argument is “So stop acting like children are a special problem!” If I say, “We need peace in Syria,” and a friend’s response is “We need to end war, period!”, I view that as an effort to minimize my concerns by launching it from the realm of a specific issue into vague, generic territory.  “Black Lives Matter!” in the context of recent police episodes where African Americans died under circumstances that many believe show police callousness and excessive force against blacks is a distinct assertion that suggests that the law enforcement and justice systems do not currently function as if black lives matter as much as white lives. It is true that “All Lives Matter” includes the larger subset “black lives matter”; it is also true that it blurs the issue at hand, and dilutes the protesters’ point. It is not inappropriate for  President McCartney to apologize in this context…unless, of course, she intended a rebuttal, in which case she is indeed spineless.

I still believe that made sense in December, but “Black Lives Matter” means something very different now, after six police officers were charged with murder to quell a Baltimore mob after Freddie Gray’s death, and after President Obama decided that the merciless shooting of a  young white woman in San Francisco by an illegal immigrant wasn’t worthy of the same attention he has given other deaths when it was a black life that had been lost. Continue reading →

Ethics Observations On Cincinnati’s Fountain Square Incident And Its Aftermath

/ Jack Marshall / 16 Comments

At a Fourth of July concert in Cincinnati, police had to fight their way through a mob to rescue a white male who had been nearly beaten to death as the crowd made up primarily of African Americans and Hispanic-Americans mocked him. Here is a video of the scene, if it is still up: YouTube has removed it more than once.

Observations:

1. What kind of people act like this? How do they get this way?

2. There is a controversy over whether the incident should be investigated as a hate crime. Idiocy. Madness. The discussion itself shows how silly the entire hate crime concept is. Would a group of whites mocking a bleeding white man be any less offensive to community values than a group of blacks doing so?

3. It is especially silly, not to mention offensive, when the government applies the law in a biased fashion—but then, that was always its intent.  Here is law professor Jonathan Turley tripping over his metaphorical tongue to avoid stating the obvious:

“It is not clear if there was a racial component to the crime and I would not immediately expect a hate crime investigation in such a case. Various blogs however are arguing that the Administration and local officials often immediately pledge to pursue such cases involving a black victim and white officers or assailants as a possible hate crime. I have tended to caution that such early framing of cases can have a distortive or dysfunctional impact absent clear evidence of a racial motivation. For example, while some in this crowd may have been celebrating the fact that the victim was white, it does not mean that the original attack was racially motivated.”

Oh, come on, professor. Stop spinning. The Obama Administration, the Justice Department and local officials in many cities have displayed a hair-trigger readiness to automatically consider any incident a suspected “hate crime” where a white police officer is involved in harming a black victim, absent taunting, absent the kind of revolting evidence present in this case. It isn’t “early framing,” it is racial politics and pandering to the mob and the media. On what basis were George Zimmerman and Darren Wilson subjected to federal hate crime investigations, if this video won’t prompt one? Continue reading →