HUD: Landlords Beware! Not Renting To Criminals Is Presumptively Racist

More Bizarro World reasoning from The Obama Administration...

More Bizarro World reasoning from the Obama Administration…

The disparate impact doctrine is unfair and illogical, as well as destructive. It has been used to invalidate exams for professional advancement that result in a racial imbalance in police force brass, for example, even when no actual discriminatory practices have been identified. It has been used to eliminate school discipline for classroom disruptions, because more black students than white students are being suspended, even though no bias has been shown in enforcement. Disparate impact has allowed incompetent teachers to keep teaching, and recently, its has become an rationale  for not imprisoning convicted felons, because the current prison population is disproportionately black.

The Obama administration, being addicted to a race-biased view of American society in which all, or almost all, problems within the black community are ascribed to forces outside that community’s control, now has decreed that landlords risk federal investigations if they reject rental applicants based on the applicant’s undisputed criminal record. The Department of Housing and Urban Development (HUD)’s newly-released guidelines state…

“The Fair Housing Act prohibits both intentional housing discrimination and housing practices that have an unjustified discriminatory effect because of race, national origin, or other protected characteristics. Because of widespread racial and ethnic disparities in the U.S. criminal justice system, criminal history-based restrictions on access to housing are likely disproportionately to burden African-Americans and Hispanics. While the Act does not prohibit housing providers from appropriately considering criminal history information when making housing decisions, arbitrary and overbroad criminal history-related bans are likely to lack a legally sufficient justification.”

Sinister as this is, I’m sure it is sincere. The Obama Administration, obviously programed by the man who bears its name, is consumed by a bias in favor of non-whites, based on the assumption that they are inevitably victimized in U.S. society. Disparate impact could be properly used as a clue to uncovering actual bias and discrimination, but the presumption that disparate impact must be based on bias is itself a bias, and leads to intrusive and unfair regulations and  Big Brother-style “Be Careful! We’re Watching!” warnings like this one. Continue reading

Ask Ethics Alarms: “Why Is It Unethical For A Prosecutor To Say That A Witness Is telling The Truth?”

"Would I try to convict an innocent man?"

“Why would I try to convict an innocent man? He has to be guilty.”

The primary Ethics Alarms topic scout, the Amazing Fred, has posed a question about this case, in which a child pornography conviction was overturned because the government prosecutor repeatedly stated that his witnesses were stating the truth, and that the government doesn’t prosecute defendants who aren’t guilty.

Fred asks the question this way:

“A prosecutor told a jury that prosecution witnesses were credible…Isn’t a defense attorney allowed to discredit prosecution witnesses? Why shouldn’t a prosecutor be free to argue the opposite?

The problem isn’t arguing that prosecution witnesses are credible, but rather the prosecutor appearing to personally vouch for the witness. Lawyers aren’t witnesses, and their opinions aren’t testimony or evidence. A lawyer can tell a jury that a defendant is guilty or innocent, but a lawyer cannot say “I believe “ a witness or “I believe” the defendant is guilty. It doesn’t matter what the lawyers believe, and they prejudice the jury by making their own credibility part of the case. Lawyers don’t have to personally believe in the positions they argue. Continue reading

Hey! GOOD Answer, Hillary! Wait…Oh, Right. Never Mind.

guilty-until-proven-innocent1

Twice, Hillary Clinton has publicly made the astounding statement—especially for the supportive and enabling spouse of Bill Clinton, an accused rapist himself—that “every survivor of sexual assault” has “the the right to be believed.” Ethics Alarms noted this both times, here and here, and opined the last time, in November:

Is she that deluded? That convinced of her corrupted supporters’ willingness to believe anything she says, or to excuse every cynical, shameless maneuver?  Has she finally reached the point where she has issued so many, many lies that she can no longer keep them all straight, and now blunders into obvious contradictions? Or is she trying to sabotage her own campaign, taking her copious skeletons out of the closet and hanging them from the roof for all to see?

Words have consequences (though following Hillary’s rise, you wouldn’t know it), and as might have been predicted, a questioner at a campaign event in New Hampshire yesterday asked Hillary if believing all “survivors” meant believing Bill’s accusers as well, including Juanita Broaddrick, Kathleen Willey and Paula Jones. I have to hand it to Hillary; she was ready. She had thought about an answer, maybe even had a meeting with her advisors to craft the perfect response. Here is what she said:

“I would say that everybody should be believed at first until they are disbelieved based on evidence.”

What is a lawyer and a candidate for the Presidency doing advocating the un-American principle of “guilty until proven innocent”?  OK, we know what: pandering to the Pro-Vagina vote. Nevertheless, Clinton knows this is not how the law works, so she is apparently advocating a significant and frightening change. Continue reading

Ethics Dunce: Criminal Defense Lawyer Gerard Marrone

If defending the Constitution means you can't look in the mirror, you're in the wrong profession.

Levi Aron was charged this week for abduction and death of Leiby Kletzky, an 8-year-old Brooklyn boy who disappeared while walking home from a Jewish day camp last week. Surveillance video showed the child  asking a stranger, alleged to be Aron, for directions and then getting into his car. A city-wide search for the missing child ended when police found the boy’s body parts, leading to Aron’s arrest.

Now Gerard Marrone, one of the two lawyers defending Aron, has withdrawn from the representation. There is, in theory, nothing wrong with that. A lawyer can withdraw from any representation for good cause, as long as the withdrawal doesn’t harm the defendant. Marrone’s withdrawal, however, was done in such a way that it almost certainly harms the defendant, because the lawyer told the press why he was withdrawing.

“I have three little boys,” he told the Daily News,“You can’t look at your kids and then look at yourself in the mirror, knowing that a little boy, who’s close in age to my eldest son, was murdered so brutally.” Continue reading

The Strange Case of the Opportunistic Fugitive

The ethics call on this story is easy, though it is tempting to say otherwise.

Anthony S. Darwin was on the lam for six years in Wisconsin, eluding law enforcement authorities who were seeking to arrest him on pending charges of aggravated battery, bail jumping, battery, robbery with use of force, substantial battery and identity theft. Then he suddenly surrendered… because he realized he needed treatment for a life-threatening cancer. Continue reading