Posts Tagged ‘Due Process’

Sexual abuse and trial by denunciation

December 19, 2017

I don’t feel that, as a citizen, I can take on the responsibility of judging the innocence or degree of guilt of every public figure accused of sexual misconduct.

Even though the Court of Public Opinion is at present the basic venue for trying such cases.

To make informed judgments, I would have the time, inclination and ability to judge in each case whether the person was guilty of (1) a felony, (2) a misdemeanor, (3) gross bad manners or (4) nothing at all that matters.   I’d also have to weigh whether it was a one-time event in the fairly distant past or a continuing pattern over a long period of time.

Most people are too busy to do this.   They judge on the basis of whether there is just one accusation or a lot of them, and on whether the accused admits guilt or stands their ground..

The problem is that there are two kinds of people without guilty consciences—the innocent and the shameless.  If you can manage to act innocent, many people will assume you are innocent.

∞∞∞

As I wrote in a previous post, I’ve been blind to how pervasive sexual harassment is.   Evidently there is a world of rich, powerful celebrities who think, often rightly, that they can get away with anything.  I recall the case of Dominique Strauss-Kahn, the powerful French politician and financial official, who thought it was his prerogative to have sex with a random hotel maid.

But sexual abuse does not occur just on the upper levels of society.  One thing I’ve known about for years, but always put out of my mind, is the rape of young boys in the American prison system.

It’s a good thing, not a bad thing, that we Americans are waking up to the situation.   What we need are procedures for dealing with sexual abuse so that guilty are treated as they deserve and the relatively innocent also are treated as they deserve.

Greater union representation would help.  Union grievance procedures would give employees a way to seek justice.   Federal laws should be enacted to establish that no employee could be fired for complaining about sexual harassment, just as, under law, no employee can be fired for acting in concert with others to demand improvement in working conditions.

Arbitration could help, if the arbiters were truly impartial.   This would require panels in which employees had as much representation as employers.  Simple enforcement of the law, without fear or favor, is important.  Putting women in positions of authority would make a big difference.

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21st century due process

March 30, 2012

The Constitution of the United States says that noone can be deprived of life, liberty or property without due process of law. President Barack Obama has asserted the right to sign death warrants for anyone he deems a terrorist.

Attorney-General Eric Holder was asked how President Obama’s claim squares with Constitutional due process.  Holder replied that the Constitution guarantees due process, not legal process.  Cartoonist Ruben Bolling speculated on what the new due process might look like.

Double click to enlarge.