Mr. Obama: Make The Justice System and Judges Work–Don’t Give Criminal Justice To The School Principal
Update: Nov. 26, 2014
First Published: Jun 19, 2014
Obama’s Campus-Anti-Rape Plan has failed and The RINJ Foundation warned that it would fail from the start.
Female students are raped in appalling numbers and their rapists almost invariably go free.
Forced by the federal government, colleges have now entered into the role of conducting rape trials, but they are not competent to handle this job that the justice system should be doing.
This is a catastrophic failure of unfathomable proportions that can only mean the Obama administration doesn’t care about women; Obama doesn’t believe in the system of justice; has no faith in the nation’s judges; and wants the rape of college women hidden behind campus walls.
Colleges are failing to punish rapists adequately and at the same time through pervasive incompetence have been branding students as sexual assailants when no sexual assault occurred. Colleges do not have the infrastructure; training; competence nor the Constitutional right to met out justice.
This is an extraordinary example of incompetence in Washington DC.
When American Universities deal with sexual assaults on campus, United States President Obama would have them use the “balance of probability rule” (normally the litmus test for civil law cases) instead of “proof beyond a reasonable doubt”, the test for criminal cases.
If this is an edict that applies only to the Universities’ decision to expel or not, that may be fine. Even in that case it is somewhat frightening but more important Universities cannot be made the defacto finder of fact in the Justice System.
When we said “end rape on campus” we didn’t mean “toss out fair justice”, we meant “don’t rape”.
Academia can make make rules and take the decision to expel students for any reason the institution likes. A strict set of campus conduct rules is needed, but criminals must be sent to the criminal justice system, not the principal.
The RINJ Foundation advances that the test of guilt or innocence in criminal matters cannot be eroded in the effort to clean misogyny and rape from University campuses.
The basis of the Commonwealth of free nations’ justice system is proof of guilt beyond a reasonable doubt–better to err on the side of letting guilty go free than send even one innocent man to prison (which happens all to often in the USA).
“Proof beyond a reasonable doubt” and “innocent until proven guilty” are inalienable rights of members in a free society.
The RINJ Foundation would not want our zealous attack on rape culture to be exploited and used to enact a standard inevitably leading to malfeasance by government in other areas of justice.
If the standards of justice are eroded and the burden of proof eliminated in any part of the statutes, for one or any crime, that applies to all crime and the government basically can throw you in jail for life because it doesn’t like you. For example, all you ‘so-called anarchistic’ activists on Facebook, Twitter and other social media who speak out against this or that government policy could have your little selves thrown in jail forever on a whim. Let’s not sacrifice the Justice System but fix it.
If a college administrator thinks that you probably violated its campus sexual conduct rules, you might not be just expelled, but you cannot be shamed in the public media as a sexual predator and ruined for life on the basis of this non-judiciary process.
1) Punishment by society is done on the decision of a trier of fact within the Justice System.
2) Punishment of students for a breach of on-campus rules can be administered by a fair institution, within the institution ONLY. The institution must hand criminal offenders over to the Criminal Justice System with any, if any, evidence it may possess.
These are two separate authorities with governance in two distinctly different areas.
If on the balance of probability a criminal event happened on campus the police must be brought in and a criminal charge laid. Then the matter must be processed with all the inalienable rights due the state and the accused.
On another note, it seems the White House recommends that schools should adjudicate cases without allowing any cross-examination of testimony.
While we agree with Obama on the need to avoid further traumatizing rape survivors and this may trump an accused’s right to question the accuser, we are concerned that the process be restricted to a University’s own authority to expel a student and that the institution be compelled to notify proper criminal authorities for the handling of the case within the criminal justice system.
In all it would be better that the same standards and the same burden of proof befall both processes, on campus and within the criminal justice system.
University should be a microcosm of life in earth’s society of humans. Justice should work the same way in both.
Educate and teach people about the rights of the person to security and safety; the way of consent; and in all, not to rape.