Texas

Ethics Observations On The “Affluenza” Sentence (And None Of Them Involve Criticizing The Judge)

/ Jack Marshall / 580 Comments
Judge Boyd, being judged. (The earlier photo posted was NOT Judge Boyd. I apologize to the judge, readers, and whoever's photo that was.)

Judge Boyd, being judged. (The earlier photo posted was NOT Judge Boyd. I apologize to the judge, readers, and whoever’s photo that was, for the error)

The newsmedia and blogosphere are going bonkers over the sentence given to Ethan Couch, the 16-year-old Texan who pleaded guilty last week to four counts of intoxication manslaughter and two counts of intoxication assault causing serious bodily injury. He had a blood-alcohol level three times the legal limit (Couch had stolen beer from a Walmart), plus traces of Valium in his system, when he lost control of  the Ford F-350 pick-up he was driving (over the speed limit) and slammed into four people trying to fix a disabled car on the shoulder. They were killed; two of his seven passengers were critically injured. Prosecutors proposed 20 years in jail as the proper punishment for Couch, but his attorneys tried a novel defense: they had experts testify that their client suffered from “affluenza,” a malady caused by his rich, amoral, neglectful parents, who taught him (the theory goes) that there are no consequences for anything, if one has enough money.

Rejecting the prosecution’s argument, State District Judge Jean Boyd, presiding over the Fort Worth Juvenile Court, shocked everyone by sentencing Couch to only 10 years of probation—no prison time at all. The gist of the media outrage: once again, the life philosophy of Couch’s sociopathic parents is validated. The rich get away with everything: a poor, minority defendant who engaged in the same conduct would have been imprisoned. This is the injustice of the criminal law system in America.

Maybe. But let’s not get ahead of ourselves.

I think the judge, despite what we are hearing from the media, may have done her job well.

Continue reading →

Ethics Conundrums From “The Fick Of the Month’s” Fake Black Campaign Strategy

/ Jack Marshall / 32 Comments
Big deal. Bill and Hillary ran as a faithful and loving married couple...

Big deal. Bill and Hillary ran as a faithful and loving married couple…

It’s not the seat of great power, true, but the strategy Republican Dave Wilson employed to win on the Houston Community College Board of Trustees is ethically indefensible. Wilson, who is a prominent conservative politician who once ran for mayor and who has made a name for himself with anti-gay rhetoric,  won a seat  on the board by 26 votes after deceiving some less attentive voters in his predominantly African-American district that he was “one of them.

His election materials contained photographs of smiling black faces, lifted off the web, captioned “Please vote for our friend and neighbor Dave Wilson.” One particularly deceitful mailer said he had been “Endorsed by Ron Wilson,” invoking the name of former African-American state representative. But just like the ads and TV commercials for weight loss products, Dave Wilson’s flier contained fine print that made the misrepresentation “honest.” Instead of “Results not typical,” the campaign flier’s tiny disclaimer said, “Ron Wilson and Dave Wilson are cousins,” a reference to one of Wilson’s relatives living in Iowa who is also named “Ron.”

Wilson can be safely accorded status as a fick*—he is openly amused by the fact that his lie assisted in his election, and shows no remorse at all. He also invokes the “everybody does it” rationalization, saying, “Every time a politician talks, he’s out there deceiving voters.”  The news media and the blogosphere is joyfully flogging Wilson for his stunt, and he deserves every lash. The episode, however raises some uncomfortable ethical issues that require objective thought and consideration: Continue reading →

A Prosecutor Is Sent To Jail For Unethical Conduct, And It’s About Time

/ Jack Marshall / 25 Comments
Good.

Good.

In the resolution of a case already discussed on Ethics Alarms, Former Williamson County (Texas) District Attorney Ken Anderson has been  sentenced to serve 10 days in jail, pay a $500 fine and complete 500 hours of community service as punishment for intentionally failing to turn over exculpatory evidence that would have exonerated Michael Morton, who spent nearly 25 years in prison for a murder he did not commit. Anderson also was forced to surrender his law license and resign his post as a judge because of his ethical breaches in the 1987 case, ultimately overturned after DNA evidence proved that Morton did not beat his wife to death.

Ten days for the prosecutor who disgraced his profession, sullied the justice system and destroyed a life seems like a rap on the wrist, and even an insult to the man who had to spend  nearly 9000 days in jail because of Anderson’s deception. Consider, however: despite blatant prosecutorial misconduct, in every state and for centuries, with untold numbers of innocents jailed and executed, most never vindicated, this appears to be the first time on record that any prosecutor has been punished with jail time. Few, compared to the number deserving punishment, have been punished at all.

It’s a start. It’s a precedent.

The justice system just became a little more accountable.

_____________________________

Pointer: Legal Ethics Forum

Sources: New York Times, ABC KVUE

Ethics Alarms attempts to give proper attribution and credit to all sources of facts, analysis and other assistance that go into its blog posts. If you are aware of one I missed, or believe your own work or property was used in any way without proper attribution, please contact me, Jack Marshall, at  jamproethics@verizon.net.

Now THIS Is An Unethical Judge…

/ Jack Marshall / 10 Comments

Blind Justice

Texas Judge Elizabeth E. Coker will be resigning from her post as judge in the 258th District Court of Polk, Trinity, and San Jacinto Counties as part of a deal that allows her to resign rather than face disciplinary action. The ethical transgressions she apparently engaged in were many, shocking and outrageous.  Investigators found that she regularly engaged in ex parte communications  with members of the Polk County District Attorney’s Office, the San Jacinto County District Attorney, and defense attorneys regarding cases pending in her court, favored certain attorneys and was prejudicial toward others in both trials and court appointments, and even met with jurors, without the knowledge of counsel, while they were deliberating in criminal trials, in order to influence their verdict. Even as she was being investigated for judicial misconduct, Coker attempted to influence a material witness against her prior to that witness’ testimony before the Disciplinary Commission, and lied about it when she was questioned about her contact with that witness.

Yet as awful as all that is, these are not the most spectacular of her ethical breaches. Continue reading →

“BULLY!” Is The New “WITCH!”

/ Jack Marshall / 28 Comments
"Bully!"

“Bully!”

The Texas father of a high school football player would have been right at home in Salem, in the British New World colony of Massachusetts, around 1692. Then, thanks to hysteria about witchcraft, a vengeful citizen could permanently set the populace against a neighbor who had offended him, say, by winning a lawsuit, stealing a recipe or looking lustfully at his or her significant other, by accusing that neighbor of being a witch. This would inevitably spark an investigation, suspicion, infamy, maybe even a trial…and if the accusation stuck, a sadistic execution, perhaps by piling rocks on the neighbor’s witchy chest until everyone heard the sounds of squishing and cracking.

The cry of “Witch!” doesn’t work so well any more, but accusing someone of being a bully works almost as well. It can cause schools to impose punishment for words and activities that have nothing to do with school, and give law enforcement officials the power to pile rocks on the First Amendment. Now a vengeful father who watched his son’s hapless football team get the just desserts of all hapless teams—losing badly—has successfully punished the victors for being stronger, faster, and better coached, by accusing the superior team—it beat his son’s squad by a score of 91-0—of “bullying.” This mandates an investigation, so the winning team’s coach is now under a cloud, and in peril of seeing his career and reputation squished and cracked.

Mission accomplished! Continue reading →

The Naked Teacher Principle Strikes In Texas: The Playboy Variation

/ Jack Marshall / 30 Comments
"Miss DEWEESE?? Ay Caramba!!!"

“Miss DEWEESE?? Ay Caramba!!!”

This version of the NTP is not especially close to the gray area of ethics, nor is the result surprising, though I expect a lot of teeth gnashing about it because the naked teacher in question will attract a lot of, uh, sympathy.

Dallas’s school district has apparently fired Cristy Nicole Deweese, 21, a Spanish teacher for the city’s Townview Magnet High School. Less than three years ago she posed in various provocative positions and states of undress for Playboy, in its February 2011 issue. That magazine is still available, but more to the point, the photos are easily available online. Naturally some students found them, and the core tenets of the Naked Teacher Principle had been triggered.

The Naked Teacher Principle states:

“A secondary school teacher or administrator (or other role model for children) who allows pictures of himself or herself to be widely publicized, as on the web, showing the teacher naked or engaging in sexually provocative poses, cannot complain when he or she is dismissed by the school as a result.”

I won’t keep you in unnecessary suspense. Deweese is almost dead center in the middle of the NTP. Continue reading →

Regarding the New, Improved Second Amendment, Indoctrination and Hanlon’s Razor

/ Jack Marshall / 50 Comments

Just in time for the latest round of political exploitation of a gun-related tragedy, it has been discovered that a school history textbook used in some Texas  high schools (and probably others) mis-states the meaning of the Second Amendment, neatly editing away the part that all the controversy is about.

In fact, John J. Newman’s “United States History: Preparing for the Advanced Placement Examination,” rewrites the Second Amendment to the United States Constitution. On page 102 of Newman’s book (page 134 of the PDF version), the author summarizes the amendment in a way that distorts its meaning:

newman-book-1

Could this be intentional? Well, it is certainly wrong, and one is not being conspiratorial to wonder how such a blatant error 1) got into a history text in the first place , 2) passed any review process, and 3) lasted this long.

It is well-established that the Second Amendment  guarantees the individual’s right to keep and bear arms, and not only in a militia. How far that guarantee extends is indeed a matter of intense debate, but Newman has misleadingly limited that right only to those who are members of a government militia, essentially editing the amendment right into obsolescence.  Though that is clearly where many anti-gun zealots, including Senator Diane Fienstein, CNN talk-meister Piers Morgan, and many others would like to see it go, it is not the current state of the law, and never has been.The Supreme Court opinion in  District of Columbia vs Heller (2008), which is not mentioned in the textbook, held that the Second Amendment “protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.”

There is no defending Newman’s textbook, except as a justifiable attempt to destroy the Second Amendment by teaching students that the right to bear arms doesn’t exist in the modern world—in other words, by using deception and indoctrination. Continue reading →

Reminder: August 1 Is “Quote Justin Carter On Social Media Day”

/ Jack Marshall / 25 Comments

justin-carter-1

This is  sad.

We last heard anything about Justin Carter two weeks ago, when he finally was released from prison after an anonymous donor covered his absurd $500,000 bail amount. Since then, nothing has changed. He’s still charged with making terrorist threats based on an obvious joke he put on Facebook. He still represents the apotheosis of the fanatic fear of guns and violence against schools in the wake of the post-Sandy Hook hysteria, cynically fed by Democrats, anti-gun zealots and the media. Carter’s plight still shows the continuing erosion of First Amendment rights in the fearful and paranoid culture nurtured by the Obama administration and turned into an offense to liberty by its natural partner, the abuse of government power. It’s just that nobody is paying attention.

The news media, which should have an interest in protecting the same amendment that (theoretically, these days) protects them, gave some fleeting coverage to the story but quickly dropped it in favor of gushing over infant foreign monarchs, finding ways to vilify George Zimmerman and making bad Weiner puns. The blogosohere has been pretty silent too, with some notable exceptions.

I am generally opposed to pointless demonstrations. My pathetic gesture to try to generate some fight in this somnolent nation as its common sense, ethical priorities and sense of justice drains away was never a threat to catch on, and didn’t. Essentially, few understand what is so wrong about what Texas is doing to Carter, and fewer still care enough to protest it. That is sad, and it also is frightening.

Nonetheless, those of us who do care should try to show it, and this was the best that I (or anyone else) could come up with. So challenge the fearful, the bullies,  the Constitutionally ignorant, the arrogant abusers of power “if it will save just one child,” and post the harmless, facetious and sarcastic statement that young Justin Carter posted for a friend, never realizing that America, or at least the part of it where he, and quite possibly you, live, doesn’t really believe in free speech anymore. Post it on your blog, on Facebook, on Twitter. Let’s see if they come for all of us, however many it is. And let’s see how many people care anymore.

August 1 Is “Quote Justin Carter On Social Media Day.”

And Justin’s words, which got him arrested, imprisoned, and soon will have him being tried for his freedom, were these:

“Oh yeah, I’m real messed up in the head. I think Ima shoot up a kindergarten and watch the blood of the innocent rain down and eat the beating heart of one of them.” lol. jk.”

 

 

Ethics Quote of the Week: Ann Althouse

/ Jack Marshall / 20 Comments

racist-proud-plant

“It’s entirely fitting that her name should be forever linked to the motto “Racist and Proud,” because that isn’t a lie. It’s true. It is racist to press the racism template onto the Zimmerman story, and it is done with full intent to stimulate feelings of race-based anxiety in vulnerable minds. That is heartless and evil.”

–—-Law professor/blogger Ann Althouse on the recent Trayvon Martin-George Zimmerman Ethics Train Wreck passenger, progressive environmental activist Michele Renee. Renee attended a George Zimmerman support rally in Texas and held a sign reading “We’re Racist & Proud!” to falsely tar the group as racist

Althouse also writes of Renee,

“It’s a harsh consequence to become — for all time, on the web — Renee “Racist and Proud” Vaughan. She’s apologized — sorry she got busted. You know how apologies are. But I doubt that she’d be sorry if her trick had worked and amplified the legend of the racism of Zimmerman and his defenders.”

Michele Renee has written two extravagant apologies, but Althouse is right: they are unbelievable. This is signature significance: no honest, fair, decent and ethical person sets out to brand others as racist with a false flag stunt, not one, not as a mistake, not ever, because ethical people don’t have horrible ideas like that, or if they do, they certainly don’t act on them. Am I unfair to guess that her MSNBC-cheering colleagues and friends are giving her high fives and telling her “nice try”? I don’t think so. Althouse is correct: Renee’s actions smack of evil, and she arises out of an increasingly hateful and divisive culture on the left that seeks to demonize innocent people for the crime of not seeing the world their way.

Having said that, I find the whole idea of pro-Zimmerman rallies disturbing, offensive, and misguided. Rally for the jury system; rally against race-baiting; rally against the calculated and cynical racial politics of Obama and Holder. But Zimmerman, though he does not deserve to be a hunted man and the face of racial profiling, also doesn’t deserve any rallies. His reckless conduct got a young man killed. What is there to  support?

________________________________

Sources: Althouse, Gateway Pundit (and Graphic)

If Only Justin Carter Were Black…Or Muslim…

/ Jack Marshall / 84 Comments
Justin2

Maybe people would care if he looked like the President’s son, and not mine…

If Justin Carter were black or Muslim….

  • …maybe the news media would take an interest in a Texas teenager being imprisoned and charged with a terrorist threat for an obvious joke on Facebook;
  • …maybe progressive and civil rights organizations would question whether his prosecution was the result of an abuse of power by prosecutors, and fearful paranoia by the his community;
  • …maybe pundit and commentator accusations of official bias against his race or religion would result in authorities questioning the wisdom of their actions and the cruelty of Justin’s persecution;
  • …maybe professional activists and race-hucksters would use their influence to focus attention on his plight, the miscarriage of justice, and its dangerous implications for the rest of us;
  • …maybe the ACLU would deem his case worthy of its intervention and support;
  • ...maybe Al Sharpton would organize demonstrations protesting law enforcement ruining the life of an innocent young man  because he was insufficient sensitive to irrational public fearfulness, instead of organizing protests against a jury’s just and unimpeachable acquittal of a defendant based on inadequate evidence to convict.
  • …maybe the President of the United States would feel that his case was worthy of a lecture to the nation about the importance of free speech, and why fear of guns, violence and terrorism shouldn’t turn the U.S. into a censorious police state.

But unfortunately for Justin Carter and the First Amendment, he isn’t black or Muslim, so the serious criminal charges against him for daring to express himself remain, the news media has been silent on the case for more than a week, the ACLU ignores him, the President’s attentions and priorities remain elsewhere, and most of the public has never heard of him, or doesn’t give a damn.

Please join me in trying to get this terrible injustice noticed and rectified, and by participating in “Quote Justin Carter On Social Media Day,”

August 1, 2013.

Remember, the words that made Justin a criminal are these:

“Oh yeah, I’m real messed up in the head. I think Ima shoot up a kindergarten and watch the blood of the innocent rain down and eat the beating heart of one of them.” lol. jk.”

Post them on Facebook, Twitter, Link’d In, or your own blog, and let’s see if they can arrest all of us.