since Iām thinking about this instead of studying for bar prep:
people in general tend to assume that a person whoās been arrested is either innocent or guilty. and if theyāre guilty, then they deserve fewer rights than the innocent person.
like, if the police break into an innocent personās house and look for drugs, we recognize that itās a bad thing and a gross violation of rights. but if the police break into someoneās house and doĀ find drugs, well, thatās just what they deserved. weād all be upset if the police started randomly murdering people on the street for no reason, but many wouldnāt mind if the police started randomly killing known child molesters. itās not okay if the police plant evidence to frame an innocent man for murder, but if they know heās the murderer and plant evidence to help the case along? well, thatās unfortunate but necessary.
there are three problems with this:
You cannot always know with certainty whoās innocent and whoās guilty;
A two-tieredĀ āinnocentā andĀ āguiltyā legal structure will always be used against innocent marginalized people;
Even guilty people have rights.
this happens a lot on tumblr. not exclusively on tumblr (itās also a major aspect of mostĀ āgrittyā police dramas and almost all comics), but itās definitely there. like, calls to summarily execute rapists sound great in theory, because we all agree that rape is evil. except for when itās used to kill innocent black men who looked the wrong way at a white woman.Ā
and there are people who will say that no, of course, the problem isnāt summarily killing rapists, the problem is summarily killing the wrong peopleĀ (that is, innocent people). which, again, you canāt know whoās innocent and whoās guilty - lots of innocent people arenāt sweet old ladies whoāve never done anything wrong, or have perfect alibis and never contradict themselves. hell, being guilty of a crime in the past doesnāt mean that they committed thisĀ specificĀ crime that theyāve been accused of.
and even if they are guilty - even if they are stone-cold, unrepentantly guilty - they still have rights. thatās whatĀ āinnocent until proven guiltyā means. it means that stripping someone of their legal rights is a big fucking deal,Ā so no matter how guilty Obvious McCriminal looks, you still have to follow the rules weāve set in place to prevent abuses.Ā
like, itās not that every person whoās ever been treated shittily by police and the court system is actually innocent, so therefore the system is bad. itās that we have a system that treats people like shit once weāve decided theyāre guilty, regardless of when the decision is made, and weāre okay with that. after conviction? definitely. after arrest? yup. beforeĀ arrest, because we just have a feeling about them? sure.
and I get why people make posts or write stories about guilty people being treated badly. wanting vengeance is a powerful emotion. grief and anger are powerful emotions. it is not unnatural to want to hurt people who have hurt others. people like the idea of karma, of cosmic scales balancing out the hurt and suffering inflicted by a person by making them suffer back. Iām not saying that no one is allowed to have those feelings.Ā
Iām just saying that there are implications behind them that are deeply disturbing (āif I decide youāre guilty, youāre less of a person to meā) and that itās the primary driving force behind most of the issues in our criminal justice system.