Unfair (40 page)

He noticed the hard plastic pipe:
Michael Janofsky, “Official Washington Pays Tribute to Reporter Who Was Killed,”
New York Times
, January 14, 2006,
http://www.nytimes.com/​2006/01/14/national/14david.html​?ref=daviderosenbaum&pagewanted=print
; Brief for Appellee,
Jordan
, 2010 WL 7359345, at *5–6.

As they drove:
Brief for Appellee,
Jordan
, 2010 WL 7359345, at *6.

After they parked:
Brief for Appellee,
Jordan
, 2010 WL 7359345, at *6.

When David passed by:
Brief for Appellee,
Jordan
, 2010 WL 7359345, at *6.

The force of the blows:
Brief for Appellee,
Jordan
, 2010 WL 7359345, at *10.

With David on the ground:
Brief for Appellee,
Jordan
, 2010 WL 7359345, at *6.

It was a good score:
Brief for Appellee,
Jordan
, 2010 WL 7359345, at *6–7.

Leaving the area:
Brief for Appellee,
Jordan
, 2010 WL 7359345, at *7.

They were back:
Brief for Appellee,
Jordan
, 2010 WL 7359345, at *42.

Visit the Supreme Federal Court:
Michael Allen Dean, “Images of the Goddess of Justice,” last modified April 1, 2013,
http://mdean.​tripod.com/​justice.html
.

As the great champion:
“Brief History of William Penn,”
USHistory.org
, last accessed February 8, 2014,
http://​www.ushistory.org/​penn/bio.htm
; William Penn,
Some Fruits of Solitude in Reflections and Maxims
(London: Freemantle, 1901), 80.

Every man or woman:
The promise of equal justice is broadly embraced. Geoffrey P. Goodwin and Justin F. Landy, “Valuing Different Human Lives,”
Journal of Experimental Psychology: General
143, no. 2 (2014): 778, doi: 10.1037/a0032796. The United States Declaration of Independence makes clear that “all men are created equal.” Goodwin and Landy, “Valuing Different Human Lives,” 778. And the point is echoed in numerous other sources, including the United Nations' Universal Declaration of Human Rights (“All human beings are born free and equal in dignity and rights.”). Goodwin and Landy, “Valuing Different Human Lives,” 778.

When seventeen-year-old Trayvon:
Cindy Adams, “Trayvon Martin Killing to Be Investigated by Federal Authorities,”
Examiner.com
, March 19, 2012,
http://www.examiner.com/​article/​trayvon-martin-killing-to-be-investigated-by-federal-authorities
; Suzanne Gamboa and Sonya Ross, “Prosecutor in FL Shooting Known as Victim Advocate,”
Foxnews.com
, April 12, 2012,
http://www.foxnews.com/​us/2012/​04/12/prosecutor-in-fl-shooting-known-as-victim-advocate/
.

It seemed to be:
Gamboa and Ross, “Prosecutor in FL.”

But the special prosecutor:
Corey was specifically responding to the claim that it was only the unexpected public furor that led to a charge of second-degree murder against Zimmerman. Susan Green, “George Zimmerman Makes First Court Appearance at Bond Hearing,”
Examiner.com
, April 12, 2012,
http://www.examiner.com/​article/​george-zimmerman-makes-first-court-appearance-at-bond-hearing
.

When his nametag read:
King, “The Death of David Rosenbaum.”

The police, for their part:
Duggan, “Report Scolds D.C. Agencies”; Willoughby,
Summary of Special Report
, 8.

The headphones that were found:
Willoughby,
Summary of Special Report
, 25; Clarence Williams and Allan Lengel, “Report Faults Response to Assault,”
Washington Post
, June 16, 2006,
http://www.washingtonpost.com/​wp-dyn/content/article/​2006/06/16/AR2006061600009.html
.

When the lead officer was asked:
Willoughby,
Summary of Special Report
, 5, 34.

Once “the drunk” was identified:
King, “The Death of David Rosenbaum.”

When the media and the police:
Janofsky, “Official Washington Pays Tribute.” David served as the chief Congressional correspondent and chief domestic policy correspondent, earning a George Polk Award for national reporting. Purdum, “David Rosenbaum.”

Indeed, with David:
Leslie Milk and Ellen Ryan, “Washingtonians of the Year 2007: The Rosenbaums,”
Washingtonian
, January 1, 2008,
http://www.washingtonian.com/​articles/people/washingtonians-of-the-year-2007-the-rosenbaums/
.

And prosecutors, now under great pressure:
Accuracy Project, “David Rosenbaum,” last modified January 1, 2012,
http://www.accuracyproject.org/​cbe-Rosenbaum,David.html
.

Hamlin was sentenced:
Accuracy Project, “David Rosenbaum.”

The problem is not:
David Mamet,
Faustus
(New York: Dramatists Play Service, Inc. 2007), 18.

Recent research in psychology:
Duggan, “Report Scolds D.C. Agencies.”

In the words of the D.C. inspector:
Duggan, “Report Scolds D.C. Agencies.”

What propelled responders:
Willoughby,
Summary of Special Report
, 67.

In fact, we are not:
Daniel Kahneman,
Thinking, Fast and Slow
(New York: Farrar, Straus and Giroux, 2011), 86.

The automatic processes in our brain:
Kahneman,
Thinking, Fast and Slow
, 85–86; Simone Schnall, Jonathan Haidt, Gerald L. Clore, and Alexander H. Jordan, “Disgust as Embodied Moral Judgment,”
Personality and Social Psychology Bulletin
34 (2008): 1096–97.

Ambiguity and doubt are:
Kahneman,
Thinking, Fast and Slow
, 80, 87–88.

In certain circumstances:
Kahneman,
Thinking, Fast and Slow
, 80, 85–86.

The less we know:
Kahneman,
Thinking, Fast and Slow
, 87.

The unfortunate result:
Kahneman,
Thinking, Fast and Slow
, 87–88.

When the
exact
same student:
In the actual experiment, participants were also given a brief written background about the girl, which described her parents' levels of educational and occupations (in the negative-expectancy condition, they had high school educations and blue-collar jobs; in the positive-expectancy condition, they were college-educated professionals). John M. Darley and Paget H. Gross, “A Hypothesis-Confirming Bias in Labeling Effects,”
Journal of Personality and Social Psychology
44, no. 1 (1983): 20, 23–25.

Finding him lying:
Willoughby,
Summary of Special Report
, 18.

Yet, three hours later:
Willoughby,
Summary of Special Report
, 59; Marc Fisher, “Doctor's Deposition Details Fatal Night at Howard ER,”
Washington Post
, April 6, 2008,
http://www.washingtonpost.com/​wp-dyn/content/article​/2008/04/05​/AR2008040502056.html
.

The patrol service area:
Wilber and Wilgoren, “Medical Condition Suspected.”

Although there were more:
Wilber and Wilgoren, “Medical Condition Suspected.”

When interviewed after the fact:
Willoughby,
Summary of Special Report
.

And it seems to have had:
Disgust—the repulsion we feel toward certain substances, entities, and behaviors—is one of the automatic gut responses that provide information about how we should understand and evaluate what we are seeing. Schnall et al., “Disgust Embodied as Moral Judgment,” 1096–97; Yoel Inbar and David Pizarro, “Grime and Punishment: How Disgust Influences Moral, Social, and Legal Judgments,”
Jury Expert
21, no. 2 (March 2009), 13; Erik D'Amato, “Mystery of Disgust,”
Psychology Today
, January 1, 1998,
http://www.psychologytoday.com/​articles/200909​/mystery-disgust
.

Disgust guides our lives:
James Gorman, “Survival's Ick Factor,”
New York Times
, January 23, 2012,
http://www.nytimes.com/​2012/01/24​/science/disgusts-evolutionary-role-is-irresistible-to-researchers.html?hp
.

While different people experience disgust:
Inbar and Pizarro, “Grime and Punishment,” 13, 15.

Disgust a Kazakh:
Dan Jones, “The Depths of Disgust,”
Nature
447, no. 14 (June 2007): 768.

Disgust responses appear:
Sam McNerney, “A Nauseating Corner of Psychology: Disgust,”
Big Think
, December 9, 2012,
http://bigthink.com/​insights-of-genius​/a-nauseating-corner-of-psychology-disgust
; Inbar and Pizarro, “Grime and Punishment,” 13.

In experiments, a two-year-old:
Paul Rozin et al., “The Child's Conception of Food: Differentiation of Categories of Rejected Substances in the 16 Months to 5 Year Age Range,”
Appetite
7 (1986), 146; McNerney, “A Nauseating Corner of Psychology.”

We cringe at the thought:
Dan Vergano, “Jamestown Cannibalism Confirmed by Skull from ‘Jane,' ”
USA Today
, May 1, 2013,
http://www.usatoday.com/​story/news​/nation/2013​/05/01​/jamestown-cannibalism/2126421/
.

Many scientists believe that disgust:
Schnall et al., “Disgust Embodied as Moral Judgment,” 1097.

But it also proved useful:
Schnall et al., “Disgust Embodied as Moral Judgment,” 1097.

As a result, today we see:
Jones, “The Depths of Disgust,” 769.

Both help us stay:
Jones, “The Depths of Disgust,” 770. When something is disgusting, we seek to avoid it lest we be contaminated. This is true even when the item in question cannot actually taint us. Andrea C. Morales and Gavan J. Fitzsimons, “Product Contagion: Changing
Consumer Evaluations Through Physical Contact with ‘Disgusting' Products,”
Journal of Marketing Research
44, no. 2, (May 2007): 275–78; Michael D. Lemonick, “Why We Get Disgusted,”
Time
, May 24, 2007,
http://content.time.com/​time/magazine/article​/0,9171,1625167,00.html
. In one study, researchers looked at how people reacted to food that happened to be placed in a basket with things that are considered disgusting, like tampons and kitty litter. Morales and Fitzsimons, “Product Contagion,” 275–78; Lemonick, “Why We Get Disgusted.” What they found was that even when a package of cookies was unopened and did not actually touch the kitty litter, people would not eat them.

And moral disgust appears to operate in the same way: in a compelling demonstration, people were asked to consider wearing the sweater of someone they viewed to personify evil (e.g., Adolf Hitler). Carol Nemeroff and Paul Rozin, “The Contagion Concept in Adult Thinking in the United States: Transmission of Germs and Interpersonal Influence,”
Ethos
22, no. 2 (1994): 164, 166; Jones, “The Depths of Disgust,” 769. Although it was specified that the garment had just been laundered and no one would observe the wearing, the vast majority of people were nonetheless repulsed by the idea. Nemeroff and Rozin, “The Contagion Concept,” 169–70; Jones, “The Depths of Disgust,” 769. For a broader discussion of these contagion dynamics, see Carol Nemeroff and Paul Rozin, “The Makings of the Magical Mind: The Nature and Function of Sympathetic Magical Thinking,” in Karl S. Rosengren, Carl N. Johnson, and Paul L. Harris,
Imagining the Impossible: Magical, Scientific and Religious Thinking in Children
(Cambridge, UK: Cambridge University Press, 2000), 1–34; Paul Rozin and Carol Nemeroff, “The Laws of Sympathetic Magic: A Psychological Analysis of Similarity and Contagion,” in
Cultural Psychology: Essays on Comparative Human Development
, edited by James W. Stigler,
Richard A. Shweder, and Gilbert Herdt (Cambridge, UK: Cambridge University Press, 1990), 205–33; Paul Rozin, Maureen Markwith, and Clark McCauley, “Sensitivity to Indirect Contacts With Other Persons: AIDS Aversion as a Composite of Aversion to Strangers, Infection, Moral Taint and Misfortune,”
Journal of Abnormal Psychology
103 (1994): 495–504.

But because the same areas:
Jones, “The Depths of Disgust,” 769–70; Inbar and Pizarro, “Grime and Punishment,” 14–15; Gary D. Sherman, Jonathan Haidt, and Gerald L. Clore, “The Faintest Speck of Dirt: Disgust Enhances the Detection of Impurity,”
Psychological Science
23 (2012): 7.

Imagine walking into:
Schnall et al., “Disgust Embodied as Moral Judgment,” 1100–01, 1107–08.

The desk you are asked:
Schnall et al., “Disgust Embodied as Moral Judgment,” 1101.

Dirty tissues and greasy pizza:
Schnall et al., “Disgust Embodied as Moral Judgment,” 1101.

Yet when scientists conducted:
Schnall et al., “Disgust Embodied as Moral Judgment,” 1096.

Disgust at the lab conditions:
Schnall et al., “Disgust Embodied as Moral Judgment,” 1105–07.