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Tag Archives: Due Process

Due Process Is the Enemy of Racism

13 Monday Oct 2014

Posted by Nuetzel in Uncategorized

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14th Amendment, Alan Dershowitz, Darren Wilson, Due Process, Ferguson Missouri, Jim Crow, MIchael Brown, recording police

due process casualty

There is nothing racist about upholding the 14th Amendment right to due process under the law. The tragic Michael Brown shooting this summer in Ferguson, Missouri has led to shocking calls for denial of due process to Darren Wilson, the police officer involved. The African-American community in Ferguson may have legitimate grievances with aspects of their local government, including their representation on the local police force. However, the calls for Wilson’s immediate conviction appear to be motivated by simple ignorance of the legal system.

The image above appeared in several publications as the controversy surrounding the shooting escalated. That the mainstream media, or even alternative media outlets, and politicians would make calls for immediate charges against Officer Wilson led some to ask whether due process was a casualty of the Michael Brown shooting:

“The idea that you can tell who is innocent and who is guilty by the color of their skin is a notion that was tried out for generations, back in the days of the Jim Crow South. I thought we had finally rejected that kind of legalized lynch law.”

As the quote makes clear, due process rights should be respected as a source of protection against racism in law enforcement and the prosecution of crimes. Citizens should also be aware that they have a due process right to record the police; those engaged in acts of protest or civil disobedience would be wise to do so in order to defend themselves against false accusations.

Some would argue, of course, that Michael Brown himself was denied due process in his altercation with Officer Wilson, but that unproven assertion does not trump Wilson’s right to due process. Alan Dershowitz bemoans the lack of video evidence in the Brown shooting, but he staunchly defends Officer Wilson’s due process right. It is too easy to vilify those accused or suspected of the most serious and despicable offenses; that is why due process must be respected, even if the system isn’t free of errors. Of course, even accused murderers and rapists are entitled to due process.

In the end, the verdicts that come out of the system must be respected, or there is no hope of moving closer to perfect justice. Let us hope that is remembered when the grand jury ends its deliberations over whether to charge Darren Wilson in the Brown shooting, no matter the verdict.

Are Rapists Entitled To Due Process?

20 Friday Jun 2014

Posted by Nuetzel in Uncategorized

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Campus, Due Process, George Will, Hook-Up Culture, Sexual Assault

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Of course they are! Under our legal system, any accused individual has the right to due process under the law. Unfortunately, accusations of rape or sexual assault on campus are now being adjudicated by boards of discipline under vague definitions and loose evidentiary standards. The mere claim of an alleged victim is sometimes treated as sufficient evidence to obtain a verdict, which could include the loss of scholarship funds or expulsion. Ideally, any allegation of this kind serious enough to be a crime should be referred immediately to law enforcement authorities. Punitive action by the school under these circumstances, without high standards of evidence, should be deferred until the allegations are resolved through the courts.

Rape is a horrid crime. Far less horrid is this: get drunk, hook-up, awaken with strong regret, allege sexual assault. But while this doesn’t approach the horror of rape, weak allegations of this kind are not as uncommon as they should be. George Will’s recent column on campus sexual assault raised ire in some circles primarily because of one sentence: “Colleges and universities …are learning that when they say campus victimizations are ubiquitous … and that when they make victimhood a coveted status that confers privileges, victims proliferate.” HuffPo reacted to Will’s column with this damning piece. Today, the St. Louis Post-Dispatch announced that it is replacing Will’s twice-a-week column with one written by Michael Gerson, thus far the only major daily newspaper to cancel Will’s column.

Will’s use of the phrase “coveted status” was possibly an ill-fated attempt to connect the ease with which a false accusation can be affirmed by a campus kangaroo court and the achievement of credibility within radical feminist circles. He’d have done better to say that on campus, females may have a privileged status if only because males they may accuse of sexual assault are likely to be denied due process. Privileged? Probably just a one-shot deal. David Bernstein covers some related nuances regarding privilege on campus.

Professor Michael Jacobson discusses Will’s column and some of the legal implications of new “definitions” of sexual assault, due process and victimhood being propagated. Christopher Paslay has some pointed comments about the left’s distorted views on certain aspects of the debate.

Does the Left Wish To Preserve Basic Freedoms?

09 Friday May 2014

Posted by Nuetzel in Uncategorized

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Campus Culture, Censorship, Due Process, FEC, First Amendment, Political Speech

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Certainly not first amendment rights, and they prove it every day. This warning is from FEC Chairman Lee E. Goodman, as told by the Ace of Spades: “The Left Will Not Stop Until It Enlists the Power of Government to ‘Regulate’ Political Speech by Conservative Media, and Even Conservative Blogs.” A collection of hypocrites of the first-order, the Left’s tolerance of speech depends of course on how much they like your rap. Equal treatment by tax authorities? No. Neutral media regulation? No. Even-handed grants of waivers for political contributions? No. Harassment by law enforcement based on the content of speech? Why yes. Just ask Nakoula Basseley Nakoula and Dinesh D’Souza.

Here’s Daniel Henninger on the Left’s role in degrading free speech, and even the right to due process, at American universities. “Make no mistake, universities under constant pressure from the Obama administration and the most driven members of their “communities” will comply and define due process downward.”

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