Tag Archives: rape

Morning Ethics Warm-Up: 6/16/17

1. It looks like Bill Cosby is going to be acquitted, and probably rightly so, though probably for the wrong reason: bias. The jury is deadlocked, and I’d bet my head that one or more hold-outs just can’t accept the fact that that nice Cliff Huxtable would do those horrible things unless the victim consented somehow. Cheat on his wife. maybe. But not that.

Celebrity defendants whose public images are benign begin criminal trials with automatic unreasonable doubt built-in; this is part of the reason O.J. and Robert Blake (“Baretta”) avoided murder convictions. Celebrities with less sterling reputations are not so fortunate: had Bill Cosby been the one who shot a woman he barely knew at his home under strange circumstances, he would have probably been acquitted. Unfortunately for Phil Spector, the pop record producer had a well-established reputation for being nuts. The reasons Cosby can be acquitted for just reasons is that the victim is on record calling and chatting with him dozens of times after she was drugged and sexually assaulted, and because only one of the 50 or so Cosby victims was allowed to testify to show a pattern of behavior. The standard of  proven  guilt beyond a reasonable doubt is intentionally difficult to meet. There is no doubt whatsoever in my mind that Cosby is guilty, and his eventual acquittal won’t change my certainty. Nonetheless, those attacking the verdict and the jurors will be wrong, just as they were with O.J. and Casey Anthony.

2. One more thing regarding Cosby: yesterday I heard a CNN anchor who was about to interview another Cosby victim describe the woman as someone who has accused Bill Cosby of “inappropriate conduct.” The host caught herself, sort of, by adding, after a pause, “to say the least.” The woman claimed she had been raped. Even the anchor couldn’t bring herself to attach to dear, funny, sweet Cos such a heinous crime, so she engaged in craven equivocation. “Inappropriate conduct”?  Belching at the dinner table is inappropriate conduct. Drugging trusting young women and raping them is entirely different.

This is CNN.

 I regard a broadcast news journalist stating that Bill Cosby has been accused of “inappropriate conduct” misleading, incompetent, and fake news. Continue reading

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Comment of the Day: “Comment of the Day: ‘Morning Ethics Warm-Up: 6/14/17′” [UPDATED]

As excellent comments often do, Chris’s Comment of the Day prompted an excellent comment in return. This one (actually two that followed on to each other) went well beyond the subject matter in the original post by eventually delving into the soft bigotry of low expectations,  Black Lives Matters inner city cultural pathologies, and more.

UPDATE: When I first posted this, I inexplicably included the second part, the follow-up, omitted the main section, which came before. Mu apologies to Chris and Ethics Alarms readers; It’s correct now.

This is Chris Bentley’s Comment of the Day on fellow Chris’s Comment of the Day on “Morning Ethics Warm-Up: 6/14/17”

…That “when we liberals hate someone, it’s because they deserve it.” sentence does bring up some interesting (if not lengthy) thoughts.Most right minded liberals would likely admit that they do hate, at times, republicans and/or conservative ideology. And I’d bet that they’d (like Chris joked) would do so, by justifying that “Right Hate” is bigoted and unjustified, while “Left Hate” is in response to Right Hate, and thus, while ugly, is still justified. This seems to be a prevailing narrative; The Right is hateful for no good reason, the Left is hateful because of the Right. So, no matter how much you can condemn hate, the Left’s hate always seems not quite as bad as the Right’s; more noble, if you will.

And I think this is what frustrates me the most, this narrative. Because rather than the Left seeing the Right as having (at least some) shared goals (security, prosperity, equal opportunity), with radically different paths to achieve those goals, the Left paints the Right’s “hate” as unjustified, ignorant, and without redeeming qualities of any kind.*

At the heart of this frustration is the ignorance most, on the right and definitely on the left, demonstrate towards liberal policies/movements/ideology that are, IMO, every bit as racist/sexist/discriminatory as those on the left claim the right are.

One example: I woke up this morning, and read an article about a mother in Baltimore, who on a particular day, had several times called police to complain about neighborhood thugs trying to steal her kid’s bike, and then, trying to rough up her son; they lived in a very, very bad part of the city. Once the police left the second time, the thugs shot her dead, in front of her kids. It was absolutely heartbreaking to read. And sadly, my first thought, after completing the article, was: “I am certain I will never read about this woman’s murder on a left-run website…ever.” (Followed by: “I am certain BLM will never hold a protest in this woman’s honor”…but that’s an issue for another day) Continue reading

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“Should Bystanders Have a Legal Duty To Intervene?” Of Course Not, But It’s Worth Thinking About Why It’s A Terrible Idea

The real mystery is why a law professor would ever conclude that it was a good idea.

Amos N. Guiora, a professor at the University of Utah’s S.J. Quinney College of Law, has authored The Crime of Complicity: The Bystander in the Holocaust, In it, he addresses the   bystander-victim relationship, focusing on the Holocaust. He comes to the remarkable conclusion that a society cannot rely on morality, ethics and compassion alone to move its members to come to the assistance of another human being in danger. He insists that it is a legal issue, and that society should make the obligation to intervene a legal duty, and  non-intervention a crime.

Wow. Here is a shining example of how bias can make smart people not only stupid, but blind. I have not read the book (I did listen to this podcast), because his contention is self-evidently anti-ethical, and typifies the attitude that has led to the criminalizing of so much in U.S. society that rigorous enforcement of the law would make the nation a police state. The Holocaust is the worst possible starting point for this issue: to state the most obvious absurdity, if the government is the victimizer, who would enforce the laws against not assisting victims? I get it, though: the professor is angry and bitter that the international community and Christians didn’t forcefully intervene before Hitler was on the verge of liquidating Non-Aryans from the face of the earth. But no law within imagination would have prevented this unique catastrophe. Nor would the kinds of laws he advocates improve the fate of most victims, or be practically enforceable.

Ethics Alarms has discussed the duty to rescue often and in great detail, and often notes, “when ethics fail, the law steps in.” The second stage of that statement is “and usually makes a mess of it.”  This is the compliance/ethics divide so exposed by corporate compliance rules, regulations and laws, which have done little to improve corporate conduct, and have provided cover for complainant and creative misconduct, like Wall Street leading up to the 2008 crash. Giving up on the teaching and strengthening of ethical values in society in favor of mandating what the state regards as “right” by inflicting punishment degrades society and insults humanity, treating it as if it is incapable of learning to care about others and society at large.  It also seldom works. The duty to rescue exists, but society must encourage and foster it by nurturing ethical society members, not by threatening them with punishment.

Society cannot mandate compassion—a law requiring charity?—kindness—a ticket for not rescuing an abandoned dog or helping a blind man across the street?—honesty–fines for telling a date that you’ll call the next day when you won’t?—-or courage —Sweep that child up whose in the path of a semi, or to jail. Of course it can’t. Increasing reliance on the state to force what a powerful group regard as “good behavior” is the catalyst of the current totalitarian bent of the American Left. Doesn’t the professor realize that what he is advocating leads directly to the Holocaust, and not away from it?

This is one slippery slope that needs a fence around it. Continue reading

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Finding His Country In The Jaws Of A Values Crisis, It’s Richard Dreyfuss To The Rescue! or, “This Was No Boating Accident!” [UPDATED]

Several episodes in the news this week had me pondering a post about whether the hysteria of “the resistance” has caused a critical mass of Democrats and progressives to lose their grip on basic ethical values, like decency, tolerance, respect, proportion, democracy and citizenship competence. These were all ethics alarms, perhaps especially for liberal Americans with integrity, warnings that their side of the ideological divide is not merely spinning off its axis, but spinning into insanity.

Ethics Alarm #1, and the worst by far, was this astounding scenario out of Newton Massachusetts.

Newton District Court Judge Mary Beth Heffernan freed a previously deported Uber driver accused of three charges of rape on minimal  bail even after a prosecutor insisted that federal immigration agents were drafting a detainer and asked for higher bond to hold him. Tapes of this week’s hearing revealed the judge cutting  arguments short, and before a defense attorney could even counter the prosecution’s $100,000 bail and GPS-monitoring demand, declalred, “Twenty-five hundred dollars cash.” She then set a follow-on court date  and asked, “Is he going to make the bail today?”

On the tape, someone in the courtroom is heard calling out, “Yes.” Heffernan then asked a court employee, “Can you take bail downstairs? Sometimes they won’t, they make them go back out to the House of Correction at 4 o’clock.” The defendant, Luis Baez, promptly disappeared, which was the evident goal of the judge. She was more concerned with allowing an illegal, already once deported immigrant avoid ICE arrest than  protecting the citizens of Massachusetts.

Baez was accused of raping a drunken Boston College student who had hailed his Uber car. Middlesex Assistant District Attorney Raquel Frisardi told the judge that Baez took the young woman to a parking lot and other sites, and raped her three times.. He then dropped his victim  at Boston College, where she reported she had been raped. Baez was introduced to the judge as “somebody known to the Boston police gang unit as having previous involvement in the Mozart Street Gang, someone who had been previously prosecuted and in fact previously deported.”

She didn’t care about any of that. Judge Heffernan, a judicial appointment of Obama pal, former Governor Deval Patrick, was a former public safety secretary in his administration who had resigned in the midst of a scandal. True to her party’s obsession, she was determined to help Baez avoid immigration enforcement.

Ethics Alarm #2 illustrates how warped some even previously warped hyper-partisans have become in their hatred of the President.

Talking on  MSNBC with Chris Hayes about the dangerous situation with North Korea, Hayes, a card-carrying Trump-basher if there ever was one, made the rather obvious statement that he’s “genuinely rooting for” Trump to “handle the North Korea situation well.” Good for Chris Hayes: he’s an American, and partisan hate hasn’t completely eaten his brain. Not Moore though.

“I don’t know if I agree with that,” Moore responded. Moore went on to explain that it is more important to him that Trump fail and thus lose power than for the United States to successfully defuse the rogue nuclear nation and its threat to the world.  “It’s like rooting for a 6-year-old who suddenly swiped dad’s car and figured out how to take it down the road,” the fool stated. “I’m not rooting for the 6-year-old to get on the highway and drive that car. I want the 6-year-old off the highway.”

This accurately expresses the message being broadcast by much of the anti-Trump forces, including the Democratic Party, since the election. They are willing to facilitate almost any damage —in Moore’s case, nuclear destruction—to the nation, its institutions, its stability and the public if it will somehow undo the election, and get Donald Trump “off the highway.” Moore is obviously an extreme case, but when you find yourself in the same camp as someone who thinks like he does, the ethics alarms should be deafening.

Ethics Alarm #3 came in the context of climate change, along with open borders the most intensely and irrationally held tenet of current progressive cant. Continue reading

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It’s Presidents Day! Our Special Guests: the 22nd and 24th Presidents, Grover Cleveland [UPDATED]

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Grover Cleveland has all sorts of unusual distinctions among the Presidents. (No, he wasn’t “normal,” either.)  He was one of several Presidents to drop a more prosaic first name for his less common middle one (like Grant, Wilson,  and Eisenhower). He was the second biggest President at over 250 pounds, and had the largest collar size. Despite his reputation for being a tough guy, Grover ended a string of Civil War heroes elected President by being the only POTUS who had paid a poor man to take his place in the Union army. That was legal, but it was not especially admirable.

Cleveland was one of only two bachelors elected President, and was the only one married in the White House (to a 21-year old beauty, the Melania of her day, who was less than half his age). Grover also lost the Presidency when he ran for re-election despite winning the popular vote, in the most similar election (1888) to our last one. This set up his most famous distinction, serving split terms, as he came back to beat President Harrison in 1892.

My favorite Cleveland tale is how the President pulled off the amazing feat of having part of his jaw removed and replaced with a rubber prosthetic without the public learning about it, by secretly having the operation performed on a yacht.

Ah, but all of these pale compared to his central role in the worst scandal ever to strike in a Presidential campaign, which he survived, incredibly, by telling the truth.

Or so we have been told.

Maybe not.

On July 21, 1884, a bit more than three months from the Presidential election, , the Republican Buffalo Evening Telegraph broke a story that seemed like it would determine who was to be President. Ten years earlier, a Buffalo woman named Maria Halpin had given birth to a son with the surname Cleveland, and then been taken to a mental asylum while the child was adopted by another family. The mother claimed that former Buffalo mayor and current New York Governor and Democratic Presidential nominee Grover Cleveland was the father.

In a remarkably quick display of candor, then or now,  Cleveland admitted that indeed he and  Halpin had been “illicitly acquainted,” and the son might indeed be his. As the only unmarried man among several Cleveland friends who, the campaign implied, may have “known” the woman,  Cleveland had claimed paternity and helped Halpin place the boy with a caring family. Still, this was the Victorian era, and the clergy, in particular, was disgusted.  “It seems to me that a leading question ought to be: do the American people want a common libertine for their president?”  wrote a preacher from Buffalo to the editor of the Chicago Tribune.

While Cleveland, whose nickname was “Grover the Good,” had sex problems, Maine Senator James G. Blaine, the Republican candidate, had been caught taking bribes. Why he was nominated with such a record of dishonesty and influence peddling, I will never understand. (No modern political party would do something that stupid, fortunately.) being able to use the catchy mocking anti-Cleveland chant, “Ma, ma, where’s my Pa?” was a godsend for the struggling Blaine campaign.

To make things worse for Grover, reporters tracked down Halpin, and her version of the relationship differed from the candidate’s in unpleasant ways. Days from the election, the Chicago Tribune quoted her as saying, darkly, “The circumstances under which my ruin was accomplished are too revolting on the part of Grover Cleveland to be made public.”

Continue reading

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The 8th Annual Ethics Alarms Awards: The Worst of Ethics 2016: The Last Of The Worst

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Ethics Alarms wraps up the Worst in 2016 Ethics with the usual education and journalism breaches, Ethics Dunce of the Year, and more delights for the sadistic…

Unethical Government Fiasco Of The Year

The Flint, Michigan water crisisA failure of competence, diligence, responsibility and honesty, compounded by bureaucrats, elected officials, the city of Detroit, Michigan Governor Rick Snyder and the EPA made people sick and cost billions.

Good job, everybody!

Scam of the Year

Sen.Ted Cruz’s fake “official” mailer before the Iowa Caucus. Cruz’s campaign  sent out mailers labeled in all capital letters, “ELECTION ALERT,” “VOTER VIOLATION,” “PUBLIC RECORD,” and “FURTHER ACTION NEEDED.” On the other side, the mailer said, in red letters at the top, “VOTING VIOLATION.” The text read:

You are receiving this election notice because of low expected voter turnout in your area. Your individual voting history as well as your neighbors’ are public record. Their scores are published below, and many of them will see your score as well. CAUCUS ON MONDAY TO IMPROVE YOUR SCORE and please encourage your neighbors to caucus as well. A follow-up notice may be issued following Monday’s caucuses.

This is why Trump’s nickname for Cruz, “Lyin’ Ted,” was crude but accurate.

Ethics Dunces Of The Year

All the social media users and others who ended Facebook friendships, genuine friendships and relationship over the 2016 election. Haven’t they ever seen “It’s A Wonderful Life”? Morons. Shame on all of them.

Weenies of the Year

The college students who demanded that exams be cancelled, therapists be available, safe spaces be found, puppies be summoned and cry-ins be organized because the awful candidate they supported in the Presidential election lost, as candidates often do.

How embarrassing.

Unethical University Of The Year 

Liberty University.  This is the most competitive of categories, with all the schools that railroaded male students based on questionable sexual assault claims while quailing in fear of the Dept. of Education’s “Dear Colleague Letter,” and all the schools that signaled that the results of a simple election justified PTSD treatment for their shattered charges, as well as making it clear to any students who dared to tilt Republican that they were persona non grata. Nonetheless, Liberty University takes the prize with its unique combination of greed, hypocrisy, and warped values. From the Ethics Alarms post:

Last week, with great fanfare, Liberty hired Ian McCaw as its new athletic director. “My vision for Liberty is to position it as a pre-eminent Christian athletic program in America,” McCaw said during a news conference.

This is his first paying assignment since May, when he left his job as the athletic director at Baylor, also a Christian university. His departure was made essential after a thorough investigation that found that those overseeing Baylor’s  football team as well as the management of  the athletic department—that is, McCaw— had been informed of multiple gang rapes and sexual assault by team members and had ignored it, as any good football-loving Christian would….especially when a star was involved.

Continue reading

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Update: Astoundingly Unethical Lawyer-Hypnotist In Prison, And Disbarred.

Good.

Fine on the way to prison, where he will be hypnotized and will spend his 12-year sentence thinking he's a chicken...

Fine on the way to prison, where he will be hypnotized and will spend his 12-year sentence thinking he’s a chicken…

I hadn’t followed the story of Michael Fine since I wrote about him in 2014. This was the Sheffield, Ohio lawyer who hypnotized female clients so he could sexually molest them. When I wrote the post, two victims had been identified. The final tally was six, and there may have been more.

In September of 2015, Fine pleaded guilty to five counts of kidnapping and one count of attempted kidnapping.  He admitted to using his skill in  hypnosis to control the female clients, forcing them submit his sexual desires against their conscious will. Last week, Fine was sentenced to 12 years in prison. He had already been permanently disbarred by the Ohio Bar. Fine was not a licensed hypnotist, but needless to say, he was an unethical hypnotist too.

Judge Patricia Cosgrove told Fine at his sentencing, “At the lowest point in their lives when they came to you for help in the throes of painful divorces and custody battles, you took advantage of them. You took advantage of their trust and faith in you by sexually abusing them. You deserve to be punished.”

Ya think?

When I mentioned this case in some 2015 legal ethics seminars, many lawyers refused to believe it. I even lost a law firm client because one lawyer complained that I showed insensitivity by making a mild joke about the story, which did and does remind me of something out of a bad Adam Sandler movie.  It is the strangest example of unethical lawyering I have encountered, but I am confident that a stranger one will appear eventually.

________________________

Pointer: Fred

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