since I’m thinking about this instead of studying for bar prep:
people in general tend to assume that a person who’s been arrested is either innocent or guilty. and if they’re guilty, then they deserve fewer rights than the innocent person.
like, if the police break into an innocent person’s house and look for drugs, we recognize that it’s a bad thing and a gross violation of rights. but if the police break into someone’s house and do find drugs, well, that’s just what they deserved. we’d all be upset if the police started randomly murdering people on the street for no reason, but many wouldn’t mind if the police started randomly killing known child molesters. it’s not okay if the police plant evidence to frame an innocent man for murder, but if they know he’s the murderer and plant evidence to help the case along? well, that’s unfortunate but necessary.
there are three problems with this:
You cannot always know with certainty who’s innocent and who’s guilty;
A two-tiered “innocent” and “guilty” 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 (it’s also a major aspect of most “gritty” police dramas and almost all comics), but it’s definitely there. like, calls to summarily execute rapists sound great in theory, because we all agree that rape is evil. except for when it’s used to kill innocent black men who looked the wrong way at a white woman.
and there are people who will say that no, of course, the problem isn’t summarily killing rapists, the problem is summarily killing the wrong people (that is, innocent people). which, again, you can’t know who’s innocent and who’s guilty - lots of innocent people aren’t sweet old ladies who’ve never done anything wrong, or have perfect alibis and never contradict themselves. hell, being guilty of a crime in the past doesn’t mean that they committed this specific crime that they’ve been accused of.
and even if they are guilty - even if they are stone-cold, unrepentantly guilty - they still have rights. that’s what “innocent until proven guilty” means. it means that stripping someone of their legal rights is a big fucking deal, so no matter how guilty Obvious McCriminal looks, you still have to follow the rules we’ve set in place to prevent abuses.
like, it’s not that every person who’s ever been treated shittily by police and the court system is actually innocent, so therefore the system is bad. it’s that we have a system that treats people like shit once we’ve decided they’re guilty, regardless of when the decision is made, and we’re okay with that. after conviction? definitely. after arrest? yup. before 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. I’m not saying that no one is allowed to have those feelings.
I’m just saying that there are implications behind them that are deeply disturbing (“if I decide you’re guilty, you’re less of a person to me”) and that it’s the primary driving force behind most of the issues in our criminal justice system.
janainaart
stormborns
blakekathryn
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