“We chose to set up our system to be stacked in favor of the defendant in all cases.So, in areas where most of the defendants are male, and most of the accusers are female, it’s a structural bias in favor of males. Even if we were to get rid of sexism, it would still be very hard to win these cases. I think this is what we have to live with on the criminal side, because we’ve made the calculation that this is the right balance of values.”
—-Jeannie Suk Gersen, Harvard Law School professor, explaining why the failure of a jury to convict Bill Cosby has little to do with sexism and everything to do with our standard of guilt in criminal cases.
The Professor could also have said, just as accurately,
‘We chose to set up our system to be stacked in favor of the defendant in all cases. So, in areas where the defendants are police officers, and most of the victims are black, it’s a structural bias in favor of cops. Even if we were to get rid of racism, it would still be very hard to win these cases. I think this is what we have to live with on the criminal side, because we’ve made the calculation that this is the right balance of values.’
It’s the exact same problem. The confusion comes when the public or a portion of it is certain that particular defendant is guilty, and thus regards the failure of the system to find him so as proof of a malfunctioning justice system. It isn’t. It is proof that the system functions as it is supposed to, was designed to do and must do. We do not take citizens’ freedom away unless guilt can be proven beyond a reasonable doubt under the evidence rules of the law. This is what Colin Kaepernick doesn’t understand. This is what Black Lives Matters refuses to understand. This is what feminists and the Obama Education Department, which commanded that universities give the benefit of the doubt to accusers in allegations of sexual assault rather than the accused, either refuse to understand or do understand but argue against anyway to pander to the ignorant.
Americans, however, must understand this principle, and not just understand but fight for it, because it is the foundation of the Rule of Law as well as our individual rights.
Before I am done I will probably have posted this scene from “A Man For All Seasons” more than a hundred times. Maybe I should post it every day. Those who casually advocate forging short-cuts and detours through our laws and rights as the remedy for what they perceive as intolerable wrongs need to see it, read the words, memorize them, and maybe be quizzed on the scene’s lesson as a condition predicate to being respected in any policy debate: