resisting arrest

Oh Yeah, This Should Be Worth A BLM Riot…

/ Jack Marshall / 9 Comments

Eight police officers in Akron, Ohio, fired nearly 100 bullets into Jayland Walker, a 25-year-old black man after they attempted to pull the car he was driving over shortly after midnight. Walker hit the accelerator resulting in a high-speed chase. Then Walker attempted  to flee on foot and, according to police, fired a gun.   weapon.

According to the Akron Police Department Facebook page, “actions by the suspect caused the officers to perceive he posed a deadly threat to them. In response to this threat, officers discharged their firearms, striking the suspect.”

He died shortly thereafter. Continue reading →

Ethics Miscreants In Yet Another Police-Involved Death Ethics Train Wreck

/ Jack Marshall / 13 Comments

Ronald Greene

Another death of a black man in an encounter with the police has re-emerged from 2019, this time from Louisiana. It has even more of the unethical elements of past tragedies/botches/fiascos than usual, and the cast of characters are all playing their now familiar parts to maximize the likelihood of protests, riots, political grandstanding and confusion, not to mention more deaths and further damage to race relation and law enforcement. Good job, everyone!

This is a true ethics train wreck, because nobody, literally nobody, who has been involved with the episode so far has behaved ethically. At this point, I see no hope that the mess can be cleaned up, but maybe we can learn something from how thoroughly another Police Meet Black Lawbreaker disaster has been mishandled by everyone to ensure the worst conceivable outcome. In no particular order, here is a list of those responsible for the Ronald Greene Ethics Train Wreck.

Continue reading →

Ten Inconvenient Truths Of The George Floyd Ethics Train Wreck

/ Jack Marshall / 37 Comments

1. George Floyd was not an admirable man. That shouldn’t and doesn’t matter, of course. What happened to him at the hands of four police officers shouldn’t happen to a dog. However, cognitive dissonance makes it difficult for emotion and anger-soaked people to accept that their martyrs are imperfect, so we are always forced to endure this process. In fact, the argument against police brutality would be cleaer and more persuasive if it were based on the fact that even the worst criminals should never be abused. Instead, the message conveyed is that what happened to Floyd is especially wrong because he was the salt of the earth. It wasn’t, and he wasn’t.

2. The officer was not trying to kill Floyd. He knew he was being recorded; he had to know that if Floyd died, he would be in terrible trouble.

3. Minnesota has already botched the prosecution. The first inept act was the governor and others widely publicizing the claim that Chauvin “murdered” Floyd. This will make a fair trial difficult, and if he is convicted, will automatically support an appeal. Then the radical, race-obsessed Attorney General, Keith Ellison, made it easier for Chauvin’s defense lawyers by over-charging, and worse, set out a precedent that may make policing impossible.  Former prosecutor Andrew McCarthy explains:

The second-degree murder charge is now the main charge against all four officers. Essentially, the theory is that they committed a felony assault when they subdued a suspect who was resisting arrest. During the course of carrying out that “crime,” prosecutors allege, Floyd’s death resulted. 

While the point may be subtle, this is saliently different from the theory of third-degree murder — i.e., depraved-indifference murder. In the latter, prosecutors would concede that it was lawful in principle for the police to subdue Floyd, but argue (correctly) that their manner of doing so was recklessly indifferent to human life, causing his death. By contrast, the new “felony murder” count, spearheaded by Keith Ellison, the radical leftist state attorney general, puts police on notice that they can be charged with a crime — felony assault — for doing their job, which routinely involves physically restraining suspects who resist lawful commands.

Any experienced law-enforcement officer will tell you that it is common for suspects to resist arrest by lying on the ground, claiming to be ill, waving arms to avoid being cuffed, and refusing to be placed in a squad car. Cops, of course, may not use excessive force when that happens. They must, however, be permitted to use sufficiently superior force to detain and transport uncooperative arrestees. In Minnesota, thanks to its election of the new breed of progressive prosecutor who rails against the justice system’s purported institutional racism, police officers who use force in arresting dangerous criminals now run the risk that they will be the ones who face criminal charges.

4. If, due to Ellison’s unethical zeal, the officers are acquitted, there will be more riots, because the vast majority of the public doesn’t understand the justice system, and the vast majority of the protesters don’t care about due process and the presumption of innocence.

5.  The attacks by the Left on police could (and should) lead to the elimination of police unions, which, in turn, could and should lead to the abolishment of public employee unions generally. That’s a conservative agenda item, because public unions have been a mainstay of big city Democratic support. Continue reading →

Ethics Observations On The Spring Valley High School Arrest

/ Jack Marshall / 35 Comments

1. After a 48 hour review, Ben Fields, the school resource officer who was caught on camera violently flipping the desk of a disruptive South Carolina high school student, was fired for violating police department policy. Naturally, he and his lawyer claim otherwise, but that’s just posturing for the inevitable union challenge. He had to be fired for many reasons, including terrible optics and bad judgment. The worst of the defenses offered for his conduct was that the girl, treated like a professional wrestler by the much larger male officer, wasn’t injured. If true, that was pure moral luck: from the violent nature of the arrest, it is a miracle he didn’t break her neck. (The student’s lawyer claims that her arm is broken, among other injuries.)

2. The news media immediately declared this a racial incident. The New York Times, for example, began a report like this:

A white sheriff’s deputy in South Carolina was fired Wednesday after county officials concluded he had acted improperly when, in a videotaped confrontation, he dragged and then threw a female African-American student across a high school classroom this week.

I can find no evidence that race had anything to do with this incident, unless one accepts the Black Lives Matter assertion that the colors of participants in black-white confrontations prove that the white individual is a racist and the black individual is a helpless victim who has no racial biases whatsoever. 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 →

Warning: The Companion Rule To “Bias Makes You Stupid” Is “Immunity To Bias Makes You Dead”

/ Jack Marshall / 6 Comments

terrorist

The picture above shows Denis Cuspert, a German rapper and the enterprising creator of the T-shirt he is holding in the shot on the left. The photo on the right shows Denis in his current incarnation, Abu Talha Al-Almani. He formally joined the Islamic State sometime in April 2014. It is believed that he has become the Islamic State’s chief propagandist in the German language, inspiring disillusioned young Germans to become jihadists. In November 2014, he appeared in an Islamic State video holding a severed head.

I saw the photo above online this morning, and it reminded me that I have never made an important point about bias explicit here. Bias causes a lot of problems, in society and in the life of individuals, but those who furiously condemn bias  and demand that we should eradicate it from human nature are reckless and ignorant, and often dishonest as well. Bias is a crucial evolutionary feature that allows human beings to avoid making the same mistake twice, or a hundred times. It is linked to trust, and leads to wariness. Without the ability to form biases, every one of us would be fatally naive, and a victim waiting to be harmed. Continue reading →

Proof Of Evolving Ethics Enlightenment: Bert The Cop Would Have Shot Walter Scott In The Back Too

/ Jack Marshall / 12 Comments

For those who think that our ethical sensitivities don’t evolve for the better over time, I prescribe a careful viewing of that family classic, “It’s A Wonderful Life.”

At the film’s climax, George Bailey, the self-sacrificing hero who has been granted his inadvertent wish to see what the world would be like if he had never been born, finds the love of his life and (in the life he has given up for this dystopian hell) the mother of his children now unmarried, alone and working as a librarian despite the fact that she looks like Donna Reed. He embraces her, and since she’s never met him in this alternate reality, she screams, believing she is being sexually assaulted by a madman. Kind, jovial police officer Bert is summoned to quell the ruckus, and George, who is a bit upset, punches him in the face to avoid arrest, and runs away. Bert then takes out his pistol and fires it at George repeatedly.

He’s a lousy shot.

In 1946, when audiences first saw this film, nobody thought there was anything unusual about Bert’s professional conduct. Many, many films right through the 1960s show police officers, “good guys,” even ones not trapped in a strangely mean alternate reality like Ward Bond’s Bert, shooting at fleeing suspects or criminals. That was considered appropriate police procedure then, and the public, society and U.S. culture saw nothing amiss. You were expected, as a good citizen, to submit to a police officer’s lawful authority. If you resisted arrest and ran, then it was fair and reasonable for the officer to shoot you, ideally after a “Stop or I’ll shoot!” warning. Indeed, many people were shot, and killed, this way. If it was news, it wasn’t on the front page, and it wasn’t considered any kind of an outrage.

Now consider the public and media reaction to Michael T. Slager’s shooting of Walter Scott. We now know that Scott was resisting arrest: he had a bench warrant out on him for non-payment of over $18,000 in child support, and Slager was trying to bring him into custody. Instead of doing as the officer demanded, Scott resisted and ran. Burt would have shot at his back too; the difference is that Slager is a better shot, and George was faster. Slager, however, is completely reviled across the country; even his own lawyer found him so repugnant that he refused to represent him.

That represents a massive shift in cultural values in a little over half a century. Continue reading →

“Seattle Cop Punches Girl In Face!” Ethical?

/ Jack Marshall / 13 Comments

YouTube is a wonderful resource that enriches our entertainment, makes us laugh, holds people in the public eye accountable for their actions, and give us better access to current events than ever before. In the area of police conduct, it has exposed abuses that might have otherwise escaped scrutiny. It is also eventually going to get a police officer killed.

The viral video of a Seattle cop punching a teenaged girl in the face has been getting the Rodney King treatment from the broadcast media and the web, with the immediate assumption that his actions are per se proof of police brutality and excessive force. All the societal hot buttons are stacked against the cop: he punches a woman (“You don’t hit a girl!“); she’s a teen (It’s an adult beating a child!); she’s black, and he’s white (Racism!); the underlying offense that triggered the incident was as minor as you can get. (“Jaywalking?”) Predictable, the sensation-hunting news outlets and the usual knee-jerk critics of the police (the N.A.A.C.P. and the A.C.L.U.) have pounced. This is neither a fair nor a competent way to examine a complex incident. Continue reading →