From Culturcidal:
ShareWhat are we looking at here?
A violent, mentally ill, career criminal who has been arrested over and over again but has been treated with kid gloves every step of the way.
Against that backdrop, we’re supposed to be horrified that there are people who don’t give a damn about due process and think we should shoot this guy in the head and drop him dead in a ditch instead of going through an excruciatingly slow process where people will make more excuses for him, his lawyers will try to get him off on technicalities even though we’ve all seen him murder someone in cold blood, and if he’s found guilty, he’ll be handed over to the same justice system that has been giving him a “get out of jail free” pass for his whole life.
What’s wrong with this picture? I will tell you what’s wrong with it.
A lot of people look at the “rules” of our society in a very legalistic way. In other words, if it’s not written down and passed into law, then it’s not really a rule. However, this a very stilted way of looking at a society’s rules because they encompass much more than that. Morals, unspoken assumptions and reasonable expectations are all part of the “rules.”
For example, even if there was a law saying that butchers could secretly stuff their sausage with sawdust, the butcher’s customers would feel like he broke the rules if he did that because they expected to get food, but instead they got something inedible. The butcher could say, “what I did was perfectly legal,” but he’d still lose all of his customers because they would feel like the rules of how things are supposed to work between a butcher and his customers were broken.
Similarly, if you pay taxes for a fire department, you’re not going to get a packet in the mail explaining what your taxes buy, but you will still have certain expectations. You expect there to be a fire department. You expect the firemen to be well trained. You expect them to show up promptly if there’s a fire and make a good faith effort to put it out. Even after all of that, they may still fail and you could lose your house, but if they did what they were supposed to do, they at least lived up to the rules.
So, getting back to “due process” — it doesn’t exist in a vacuum. On the contrary, it’s one link in a chain that makes up the way we deal with criminal behavior.
It’s all well and good to say, “Due process is important!” That’s absolutely true, it is, but what about the rest of the chain that led to this guy being free to murder someone? Why wasn’t this guy in jail? Why was Jordan Neely, who famously died while being restrained by Daniel Penny on the NYC subway, still walking around free after being arrested 42 times? Why was Daniel Penny ever in a situation where he had to defend his fellow passengers from Jordan Neely? It’s because the rules have stopped functioning properly. (Read more.)


No comments:
Post a Comment