Tag Archives: prejudice

Reminder: Hateful Racist Mass Murderers Have The Same Rights You Do

Dylann Roof, the white supremacist sentenced to death after killing nine black church members as an attempt to start a race war, asked a court to replace his appointed appellate lawyers because they “are my political and biological enemies.” The Richmond, Virginia-based 4th U.S. Circuit Court of Appeals denied his request.

Roof’s pro se motion stated that his lawyers, Alexandra Yates and Sapna Mirchandani, “are Jewish and Indian, respectively. It is therefore quite literally impossible that they and I could have the same interests relating to my case.”  Roof had difficulties on the same basis with his court-appointed lawyer, David Bruck, during his trial. The murderer wrote  in his motion that Bruck is Jewish and “his ethnicity was a constant source of conflict even with my constant efforts to look past it.”

I have been shocked at the reaction of the legal profession, the news media and the public to the 4th Circuit’s ruling. It really does appear that all the education in the world, ethics rules, principles and the Constitution will still be steamrolled by hate and emotion, even when crucial, indeed existential values for our society are at stake. My trust and respect for all professions—all of them—have been grievously reduced by their conduct and ethics blindness over that past several months. No wonder the First Amendment is under attack. No wonder our institutions are being weakened to the point of collapse.

The public literally  not understand the principle I am going to explain now. Apparently naively, I thought lawyers, judges and law professors did. In the interest of clarity, I am going to do this in short, straightforward segments.

I. The Court’s ruling is not just wrong, but frighteningly wrong.

Roof, like all citizens accused of a crime, has a right to a competent, zealous legal defense. A  competent, zealous legal defense requires that the defendant be able to participate fully in that defense. If a defendant does not or cannot trust his lawyers, he cannot be assured of a competent, zealous legal defense.

II. A client has to trust his lawyer.

It doesn’t matter why a client doesn’t trust his lawyer, and the lawyer need not agree that the lack of trust is warranted. The question is whether a lawyer who is not trusted by his client can do an adequate job representing him. The answer is no. The Sixth Amendment, which guarantees a fair trial and legal representation in criminal cases, is not there for the lawyers, or courts, or government. It exits to protect the accused—all accused.

In a famous medical ethics case, an elderly Korean man in a hospital wanted his doctors, specialists in his malady, replaced because they were Japanese-Americans, and as a survivor of the horrors Japan inflicted on Korea, he was convinced that they would kill him. The hospital ethics committee held that he was an irrational bigot, and that he either had to accept the qualified physicians despite their race, or get out. The AMA disagreed. It said that the patient’s welfare is paramount in medical ethics, and a patient who does not trust his doctors—the reason doesn’t matter—will have his welfare and health endangered as a result.

The same principle should apply to Roof. A client who does not trust his lawyer will not, for example, be candid with him, or trust him to keep confidences.

Under the circumstances Roof described, the lawyers have an ethical obligation to withdraw. Two rules are involved:

Client-Lawyer Relationship
Rule 1.7 Conflict Of Interest: Current Clients

(a) Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if:

(1) the representation of one client will be directly adverse to another client; or

(2) there is a significant risk that the representation of one or more clients will be materially limited by the lawyer’s responsibilities to another client, a former client or a third person or by a personal interest of the lawyer.

(b) Notwithstanding the existence of a concurrent conflict of interest under paragraph (a), a lawyer may represent a client if:

(1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client;

(2) the representation is not prohibited by law;

(3) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; and

(4) each affected client gives informed consent, confirmed in writing. Continue reading

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“Racial Wealth Gap Persists Despite Degree, Study Says”…Now What?

The story ran as the front page lead in the New York Times more than a week ago, and was promptly ignored as the more pressing matter of criticism Donald Trump’s erudition in condemning the violence in Charlottesville obsessed the media:

“The long-term trend is shockingly clear,” said William R. Emmons, an economist at the Federal Reserve Bank of St. Louis and one of the authors of the report. “White and Asian college grads do much better than their counterparts without college, while college-grad Hispanics and blacks do much worse proportionately.”

A college degree has long been recognized as a great equalizer, a path for minorities to help bridge the economic chasm that separates them from whites. But the report, scheduled to be released on Monday, raises troubling questions about the ability of a college education to narrow the racial and ethnic wealth gap.

“Higher education alone cannot level the playing field,” the report concludes.

Great. What will level the playing field, and if the only solutions are ethically flawed, can the nation ethically accept that the playing field cannot be leveled? Is it necessary that all races achieve identical levels of success? Does the fact that a race, or an ethnic group, either exceeds or falls short of statistical parity signal that draconian measures must be undertaken by the government? Are we really committed to results based policies, or opportunity-based policies?

In the Times print version, there was a chart that labelled, among other things, Asian families as “over-represented” among wealthyl households headed by a college grad. “Over-represented” is a provocative word, suggesting that something is wrong with Asian American achieving beyond what pure statistical analysis would predict. Is it so unimaginable that the group itself may have something to do with its success—that its culture and values may allow it to be “over-represented”?

No, it isn’t unimaginable, but it is inconvenient and politically explosive. If culture and values can explain over-achievement, it will be difficult to avoid the conclusion that culture and values also play a part in under-achievement as well. The Times report (I haven’t read the whole study)  doesn’t hint at such a conclusion, while citing many other potential causes:

Researchers have repeatedly found discrimination in the job market. When two nearly identical résumés are sent out, for example, it has been documented that the candidate with a white-sounding name receives more callbacks than the applicant with a black-sounding name.

Discrimination like this and other factors contribute to the persistent and substantial pay gap between whites and minorities. Blacks, for instance, hold a disproportionate share of government jobs — a sector that has shrunk in recent years and provides fewer opportunities for big wage gains. Blacks have fewer advanced degrees, and the ones who do are more often in lower-paying fields or graduates of colleges with lesser reputations.

“Blacks and Latinos at all education levels, including college and advanced degrees, earn less than their white counterparts, which means lower lifetime earnings” and less ability to save, said John Schmitt, research director at the Washington Center for Equitable Growth, who reviewed an advance copy of the report.

Blacks and Hispanics are also less likely than whites to inherit money or receive help from their parents to cover a tuition bill or a down payment on a house.

William A. Darity Jr., a professor of public policy at the Samuel DuBois Cook Center on Social Equity at Duke University, points out that a family headed by a black college graduate has less wealth on average than a family headed by a white high school dropout.

That last fact is especially discouraging.

The relative disinterest of the news media in the implications of the report is troubling, or perhaps I should say its disinterest in pursuing an open and honest discussion of what the implications are, and what new policies should be considered. The status quo, with historically oppressed and disadvantaged groups perpetually lagging behind and perpetually blaming white society for their persistent plight, is a recipe for chaos, generating shrill and divisive prescriptions like this one, from Chanelle Helm,  a Black Lives Matters leader in Louisville:

Some things I’m thinking about that should change (in that Southern, black grandmama voice):

1. White people, if you don’t have any descendants, will your property to a black or brown family. Preferably one that lives in generational poverty.

2. White people, if you’re inheriting property you intend to sell upon acceptance, give it to a black or brown family. You’re bound to make that money in some other white privileged way.

3. If you are a developer or realty owner of multi-family housing, build a sustainable complex in a black or brown blighted neighborhood and let black and brown people live in it for free.

4. White people, if you can afford to downsize, give up the home you own to a black or brown family. Preferably a family from generational poverty.

5. White people, if any of the people you intend to leave your property to are racists assholes, change the will, and will your property to a black or brown family. Preferably a family from generational poverty.

6. White people, re-budget your monthly so you can donate to black funds for land purchasing.

7. White people, especially white women (because this is yaw specialty — Nosey Jenny and Meddling Kathy), get a racist fired. Yaw know what the fuck they be saying. You are complicit when you ignore them. Get your boss fired cause they racist too.

8. Backing up No. 7, this should be easy but all those sheetless Klan, Nazi’s and Other lil’ dick-white men will all be returning to work. Get they ass fired. Call the police even: they look suspicious.

9. OK, backing up No. 8, if any white person at your work, or as you enter in spaces and you overhear a white person praising the actions from yesterday, first, get a pic. Get their name and more info. Hell, find out where they work — Get Them Fired. But certainly address them, and, if you need to, you got hands: use them.

10. Commit to two things: Fighting white supremacy where and how you can (this doesn’t mean taking up knitting, unless you’re making scarves for black and brown kids in need), and funding black and brown people and their work.

I read this, and find myself wondering if one of the reasons for that discouraging study’s results is the increasing influence of voices like Chanelle Helm’s.

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Morning Ethics Warm-Up: 8/11/17

GOOD MORNING!!!

1. From sources within Google management, we learn that the firing of the diversity memo writer, James Demore, was hotly debated, but in the end...

“…Damore’s focus on biology really made it clear that he had crossed the line.” What turned the tide, said sources, was when it was noted that if Damore’s dubious contentions about women’s skills were replaced by those about race or religion, there would be no debate.’

Ethics diagnosis: Bias made them stupid…that is, Google’s political correctness bias. If someone says that blacks, for example, are biologically handicapped for certain jobs, that’s bigotry and ignorance, the equivalent of poor Al Campanis’s  infamous statement to Ted Koppel that blacks “lacked the necessities ” to manage a baseball team. If someone says that holding religious beliefs suggests one may have biological disadvantages, then that individual is, of course, an idiot.

Women, however, are biologically different from men. If this was the reasoning behind Demore’s dismissal, then it is an example of regarding fealty to cant and politically correct mythology as more important than dealing with complex realities.

2. Professional Trump apologist Jeffrey Lord reacted with a tweeted Sieg Heil! to  Left Wing attack group Media Matters organizing a boycott of the Fox News star’s sponsors to force Sean Hannity off the air.  CNN responded by firing Lord, saying, “Nazi salutes are indefensible.”

Except that Lord was not performing a Nazi salute, but alluding to it to make the very accurate point that the Media Matters wing of progressive America is anti-free speech, and, Nazi-like, determined to shut down inconvenient dissent. Sieg Heil!, in the context of Lord’s tweet, did not mean “Yay Hitler, and let’s kill some Jews!” but rather “Media Matters embodies fascism of the left.”

Which it does.

This story is just full of detestable people and organizations. Jeffrey Lord is a dishonest hack whom CNN keeps parading before its viewers to pretend that the network is “balanced” in its relentless critical commentary on the President. Typically Lord is the sole defender of the Administration on a panel of multiple virulent critics, presided over by one of CNN’s myriad anti-Trump hosts. Sean Hannity is a knee-jerk conservative without scruples, perception or shame. Media Matters is a left-wing propaganda machine that makes a mockery of the term “media watchdog” by its very existence, and it is not unfair to rate its creator and leader, David Brock, as unstable. And I don’t like Nazi salutes either, though to call them “indefensible” is just plain wrong. They are defensible on the History Channel, to show how Nazis behaved. They are defensible in films like “Valkyrie,” since Tom Cruise’s doomed hero’s reluctant salute was a central theme.

It is defensible in Mel Brooks movies, which feature the salute frequently, to mock the Nazis. It is defensible in “Dr. Strangelove,” to make the running joke that mysterious ex-Nazi genius has a Nazi arm with mind of its own.

And it is defensible to use the Nazi salute derisively to say,”David Brock and Media Matters are fascist in the their methods and attitudes towards free speech.”

CNN’s firing of Lord falsely implied that he was referencing the salute positively. By doing this, the increasingly unprofessional and untrustworthy network was also able to impugn President Trump; after all, if his most visible defender in a Nazi, that makes the President Hitler, right?

In this particular basket of deplorables, CNN may be the most unethical of all. Continue reading

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Comments Of The Day: “Ethics Quiz: The Low IQ Parents”

This happens some times: I announce a Comment of the Day, I’m delayed in posting it, and because the comment was so provocative, it attracts equally excellent comments. This time I’m going to eschew the awkward “Comment of the Day: Comment of the Day on the Comment of the Day route, and link the comments up in sequence, beginning with the initial COTD by valentine0486.

Here are sequential Comments of the Day on the Ethics Quiz, “The Low IQ Parents.” I’ve learned a lot already. The whole comment thread is excellent and you should read it; I’m starting ats valentine0486’s COTD

I worked for two years with developmentally disabled individuals within the range of these two people. And, as much as it is sad and as much as I generally don’t like it when government makes these decisions, I am absolutely 100% certain that none of the individuals I worked for could properly raise children. As such, the state’s actions here are ethical, if the reasoning is somewhat dubious.

Let me share with you just some brief highlights of my time working with this segment of the population. I will abbreviate their names, so as to protect their identities. Please note that all of these individuals had higher IQs than Amy, and they may have all been tested as higher than Eric Continue reading

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Morning Ethics Warm-Up: 7/3/17

Good Morning!

1. “He was right, dead right, as he sped along, but he’s just as dead as if he were wrong.” This was a refrain (from an actual epitaph) my Dad used to recite to hammer the principle into my head: being right is often not enough. I wonder if Chris Christie ever heard it? The Governor of New Jersey is vacationing with his family at a state beach he closed to the public , along with all state parks, as a result of a budget stand-off with the legislature. Technically and legally, he has every right to do this, since governors of the state have the use of a residence on that beach, and the detail that watches it when the Governor is in residence is not affected  by the government shut-down. Christie, in his trademark blunt manner, has responded to criticism by saying, in essence, “I’m governor and you’re not.” He’s right that he’s not taking a special privilege by using his residence when the beach is closed to the public. He’s right that he has no alternative to closing government services when the legislature doesn’t meet the statutory mandate for approving a budget. It doesn’t matter: he also has a duty to preserve trust in the government and democracy. His vacation in a place that he’s made off-limits to the public, no matter what the justification, has the appearance of impropriety, and more than an appearance of arrogance and a broken ethics alarm.

2. The big story yesterday—I can’t believe I’m writing this—was the President tweeting a silly tricked-out video purporting to show him wrestling CNN. This was, to anyone not determined, due to a near fatal level of confirmation bias and the Trump Hate Brain And Conscience Eating Amoeba, to interpret every word and act by this President as evidence of evil, a joke. Sure, it was also gloating, and trolling, and sophomoric, and unpresidential but the long, long list of talking heads and pundits who solemnly pronounced  this foolishness as “advocating violence against journalists” all revealed themselves as untrustworthy, dishonest, or hysterical. This kind of incompetent reaction is why Trump keeps doing this.

Our broken news media will have to be torn down before it can be restored to the objective and non-partisan institution a healthy democracy has to have to survive. If President Trump’s japery accomplishes this—I would prefer journalism to come to its senses internally, but that clearly is not going to happen—that’s a rich silver lining to the cloud of his Presidency. Continue reading

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From The Ethics Alarms Double Standards Files: The Women-Only “Wonder Woman” Screening [UPDATED]

The infuriating thing is that that not only are they flaming hypocrites, they are self-righteous about it.

Writes the pop culture website Too Fab, a proud young social justice warrior pop culture hangout,

“A “Wonder Woman” screening exclusively for women at the Alamo Drafthouse theater in Austin has pissed off a lot of fragile men.”

No, the outrageous double standard represented by the screening has pissed off anyone with a modicum of ethics comprehension, and should.

If you don’t immediately see the problem, you’re part of it. Even the galactically tone-deaf Hillary Clinton didn’t hold a women-only campaign rally (although her post-campaign rally at the Wellesley College graduation yesterday was pretty close to one.)  Barack Obama’s most rudimentary ethics alarm would have sounded if an aide proposed a blacks-only event. Hey, let’s promote the NFL with a men-only exhibition game! Given their promotional instincts, I’m surprised Alamo Drafthouse theater didn’t have a screening of the racist, “Whites are trying to destroy us all!” horror film “Get Out” restricted to endangered African-Americans, and maybe balance it off with a whites-only classic film screening of “Birth of a Nation.”

The striking aspect of this per se double standard display is that the Left is defending it, and mocking its critics using Swiss-cheese logic worthy of an evolution denier.

Here’s NY Magazine: Continue reading

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Comment Of The Day (1): “Comment Of The Day: ‘Comment Of The Day: “Ethics Dunce: Old Town Sport And Health in Alexandria,VA. Why? Because White Nationalists Have A Right To Work Out Too’”

 

Suddenly there is a bumper crop of Comments of the Day on Ethics Alarms; two more are slated for re-publication today, both in response to Spartan’s provocative opinion that she would leave a gym that allowed white supremacist Richard Spencer work out there, even if he restrained his urge to heil. 

First up is Mrs Q, a relatively recent addition to the ethics colloquy here, and one who has distinguished her self quickly for non-nonsense posts of clarity and purpose. Her reference in this post to the “socialist shithole” of Portland was especially timely: yesterday we learned that the city’s social justice warriors had driven a local burrito business to close for the offense of “cultural appropriation.”

Here is Mrs. Q’s Comment of the Day on the post, Comment Of The Day: “Ethics Dunce: Old Town Sport And Health in Alexandria,VA. Why? Because White Nationalists Have A Right To Work Out Too”:

…In my mind I don’t see myself as a quadruple minority. Yes my skin color is brown, I’m a lady married to a lady, work from home due to disability…but I don’t think of myself in terms of “special classes.” I’m probably more like a country conservative old school hippy stuck in a socialist shithole (Portland OR). However how do you think many of the young white liberals here tend to treat me? Well some dismiss me because I don’t agree with their stances. I’m called a traitor or “uncle Tom” by those who speak “anti-racism” because I don’t see myself as a victim & have no problem with people thinking so-called racist thoughts.

Continue reading

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