since Iâm thinking about this instead of studying for bar prep:
people in general tend to assume that a person whoâs been arrested is either innocent or guilty. and if theyâre guilty, then they deserve fewer rights than the innocent person.
like, if the police break into an innocent personâs house and look for drugs, we recognize that itâs a bad thing and a gross violation of rights. but if the police break into someoneâs house and do find drugs, well, thatâs just what they deserved. weâd all be upset if the police started randomly murdering people on the street for no reason, but many wouldnât mind if the police started randomly killing known child molesters. itâs not okay if the police plant evidence to frame an innocent man for murder, but if they know heâs the murderer and plant evidence to help the case along? well, thatâs unfortunate but necessary.
there are three problems with this:
You cannot always know with certainty whoâs innocent and whoâs guilty;
A two-tiered âinnocentâ and âguiltyâ 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 (itâs also a major aspect of most âgrittyâ police dramas and almost all comics), but itâs definitely there. like, calls to summarily execute rapists sound great in theory, because we all agree that rape is evil. except for when itâs used to kill innocent black men who looked the wrong way at a white woman.Â
and there are people who will say that no, of course, the problem isnât summarily killing rapists, the problem is summarily killing the wrong people (that is, innocent people). which, again, you canât know whoâs innocent and whoâs guilty - lots of innocent people arenât sweet old ladies whoâve never done anything wrong, or have perfect alibis and never contradict themselves. hell, being guilty of a crime in the past doesnât mean that they committed this specific crime that theyâve been accused of.
and even if they are guilty - even if they are stone-cold, unrepentantly guilty - they still have rights. thatâs what âinnocent until proven guiltyâ 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 weâve set in place to prevent abuses.Â
like, itâs not that every person whoâs ever been treated shittily by police and the court system is actually innocent, so therefore the system is bad. itâs that we have a system that treats people like shit once weâve decided theyâre guilty, regardless of when the decision is made, and weâre 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. Iâm not saying that no one is allowed to have those feelings.Â
Iâm just saying that there are implications behind them that are deeply disturbing (âif I decide youâre guilty, youâre less of a person to meâ) and that itâs the primary driving force behind most of the issues in our criminal justice system.