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Wednesday, November 08, 2006
Thomas Sowell :: Townhall.com Columnist
The rape of justice
by Thomas Sowell
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Nothing should be surprising any more about the Duke University rape case. Still, it is a little staggering that, after all these months, District Attorney Mike Nifong has still not interviewed either the accuser or the accused.

Rape is a felony with serious consequences for all concerned. You might think that the District Attorney would have some interest in determining whose story is credible and whose story is full of holes.

But that is only if he is interested in seeing justice done. This column predicted, months ago, that Nifong would let this case drag on until the public loses interest in it and then let it quietly fizzle out after the media spotlight is gone.

After all, the case has already served his purpose in getting him his party's nomination for District Attorney. It has also served the purposes of local racial activists by giving them an occasion to march, shout, denounce and threaten.

It has served the purposes of the Duke University faculty by allowing them to come out on the politically correct side of the issue by condemning the upscale white guys and showing solidarity with the black accuser.

Why ruin all this by getting bogged down in facts?

While the law enforcement officials have apparently been too busy to interview either the accuser or the accused, they have had time to spend hours grilling a black cab driver who said that one of the accused was in his taxi, going to an ATM, at the time when he was supposedly committing rape.

Bank records corroborate what the cabbie said. But being hassled by the cops when he would rather be out working to earn some money may make him less ready to say it again to the media.

Such harassment can also serve as a shot across the bow of anybody else who might be thinking of coming forward with facts that undermine the District Attorney's version of events.

While District Attorney Nifong is at the heart of this tawdry perversion of the law, many others have joined in the rape of justice.

A local newspaper responded to the recent "60 Minutes" expose of how phony the rape case is by editorializing that the Duke lacrosse players are not model citizens. Their neighbors have complained about their playing loud music and one of them got into a brawl somewhere.

Surely no one is so feeble-minded as to believe that playing loud music or even getting into a brawl proves that you are a rapist. But it shows how desperate some people are to take sides instead of wanting the truth to come out and see justice done, whatever that might turn out to be.

It is especially painful to see the local NAACP joining the stampede to convict the Duke players, not only without evidence but in defiance of a growing body of evidence that points in the opposite direction. How many black men have been railroaded to jail or even to the gallows by the same lynch mob mentality, whether carried out by a jury or by the Ku Klux Klan? And is all that the NAACP has learned from this tragic history is that it just depends on whose ox is gored?

Anyone who expects either higher intellectual standards or higher moral standards from the academic intelligentsia should be disabused of such notions by the way so many Duke University professors and administrators have kow-towed to the shrill shouters and threateners, on and off campus, by joining in the lynch mob rhetoric.

It would be sad enough if this was just about three young men at Duke University. Unfortunately, this shabby episode is only one sign of a much more pervasive moral dry rot in our academic institutions and in our other institutions.

It took centuries to establish the rule of law, at the cost of painful struggles, blood and tears. Nor did the blood and tears end when law was established, for maintaining the rule of law requires fighting those who wish to pervert the law for their own purposes and who will abuse their power to do so.

Will we destroy this and other pillars of our civilization even before our enemies have a chance to finish us off?

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About The Author
Thomas Sowell is a senior fellow at the Hoover Institute and author of The Housing Boom and Bust.
 
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From the title...
...I thought this column was going to be about the election.

Agreed
I've been following this case with the same sort of feelings as you are showing. The idea that anyone, much less an American, even less a "public servant" would leave such a ruinous mark on the lives of these poor guys leaves me numb.

The truth of this case, the truth from behind the scenes, seems pretty obvious. Should this crook be proven guilty I'd be strongly tempted to waive the "cruel and unusual" clause for his punishment; burning at the stake would be an ironically just end to this witch hunt.

Too Clever by Half
I think in the end it will be Nifong on trial, or at least disbarred. This whole thing stinks on ice.

Weighing In
Living in South Carolina only a couple hundered miles from the Duke campus, I have followed this case from the beginning. All newspaper and media reporting from the beginning took the position that the entire Duke soccer team was out of control, and the 3 players were guilty, of course, without any proof. It became clear from the beginning that the usual campus (and off-campus) women's and NAACP groups would use this occasion to further their goals of anti-men and "get whitey" and the college authorities did nothing to control or discourage them. From the very first day, the women's groups especially automatically found guilt not only of the 3 accused players, but of the entire team (except of course, the one black player), even to publicizing in campus signs the day after the story broke the names of all the players and then the whole thing erupted into the town of Raleigh's blacks versus the elite white students at Duke, supposedly a long festering problem, but one that in light of day is no different from any other college city. It also became clear from day one that Nifong had political reasons for his rush to arrest the players, even when any semblance of guilt became questionable within literally hours after the party where the accused was hired as an exotic dancer. This whole case is a classic case of how school authorities let a minor flap escalate into the mess it now has become and the university president was found to be nothing but a boob. I hope the accused players will sue the college and city of Raleigh for every cent they can. When the whole story finally comes out, the players will be found entirely innocent. The injustice of this whole thing can be judged by the fact that Thomas Soule, a respected African American writer and economist, has seen fit to take up the case of the white Duke players.

Moral dry rot.
"...this shabby episode is only one sign of a much more pervasive moral dry rot in our academic institutions and in our other institutions."

It's even worse than that.

Nifong won his party's nomination by knowingly railroading some innocent kids. He did this in full public view -- with an expectation that it would win him votes. What about the voters? What about the moral rot in our citizenry?

They don't care about what he did, or out of their own hate they favor what he did, or they're too stupid to sort out basic facts.

Something new to me!
I live about an hour's drive from Durham and have followed this case in the national and local media. However, I did not know that Mr. Nifong had not interviewed the alleged victim in the case. That does seem very strange to me; I thought that would be one of the first steps into the investigation.

And about the cabbie; he was not only questioned by cops, but he was arrested. The Durham PD arrested him on a robbery charge, I think, because he picked up a fare from two girls that had been shoplifting. He gave them a ride, not knowing what they were up to, and the Durham PD had him charged with robbery...after he corroborated the story of the young man that was not at the party when the alleged rape occured.
This case has been mishandled from the beginning and is only being pursued for the publicity value. I fear that the DA has gotten himself in so deep that he doesn't think he can get himself out of the hole he dug. But that does not mean that the Lacrosse 3 deserve to be hung out to dry on some obviously false rape charge. Hopefully there will be some justice for them.

WHAT'S THIS COUNTRY
Coming to, college age boys drinking beer, playing loud music and getting into fights! Just the thought of it should appall every single American.

Mike Nifong should be strung up butt naked on Duke University campus and then tarred and feathered and left to hang there for several days as an example of what American voters think of dirt bag politicians who use political issues to be re-elected. The citizens of Durham county should start a petition to throw Nifong out on his ear.

hntr admin
http://www.headsneedtoroll.org

What do you expect from
a bunch of yahoos that would put Pelosi in charge of anything!!!

uwcharlie:What do you expect?
"It became clear from the beginning that the usual campus (and off-campus) women's and NAACP groups would use this occasion to further their goals of anti-men and "get whitey" and the college authorities did nothing to control or discourage them. From the very first day, the women's groups especially automatically found guilt not only of the 3 accused players, but of the entire team (except of course, the one black player), even to publicizing in campus signs the day after the story broke the names of all the players and then the whole thing erupted into the town of Raleigh's blacks versus the elite white students at Duke, supposedly a long festering problem, but one that in light of day is no different from any other college city."

What do you expect? Neo-marxist-dominated academia, combined w/ anti-male affirmative action/quota programs & morally vain women-children: it has become quite fashionable to hate white males as a group & blame them for every social problem & malaise. Men=bad (oppressors), women=good (victims in perpetuity.) I have already warned my son, because he is brilliant, white, blond & blue-eyed, that he will be a "target" on most college campuses & therefore his behavior should beyond reproach- all thanks to the femi-nazis & VAWA, their taxpayer funded "Women's Centers." Modern Feminism= misandry.

hntr admin: Really?
"Coming to, college age boys drinking beer, playing loud music and getting into fights! Just the thought of it should appall every single American."

As opposed to:
+Women-children standing enmasse outside a "lacrosse house" and shouting profanity and making verbal threats in the interest of extorting confessions from the guilty evil males?
+College age women-children walking around enmasse on V-Day with scissors hanging on chains around their necks overtly threatening to emasculate any male that threatens/offends them(U of NH)?
+Getting caught cheating on a fiancee after a party, and falsely accusing the boy in question the day after of rape inorder to salvage her image with her wronged fiancee? The accused boy is then given the choice of either leaving & getting prosecuted (nearly 50% of all rape allegations turn out to be false- Purdue University Study.)
+A woman-child sleeping around, getting pregnant & using abortion as retro-birth control. Then wearing a Ms. Magazine "I had an abortion" tee-shirt as though killing their child for convenience was some sort of sick feminist right of passage (Ms. Magazine)?

Which group is more Dysfunctional? It has never been a MAN'S WORLD. Our rulers dictate their agenda to us nearly everyday.

Rape
This series of events have led me to know that most rape accusations are fabricated.

Justice eventually will be served
I guess the DA couldn't forsee the ultimate consequences of trying to railroad these three kids in a most ridiculous fashion. Never pick on rich families than can afford the best attorneys available to sue the ever loving sh1t out of you after your case falls apart due to prosecutorial misconduct. I will be shocked if he is not forced out of office, disbarred, and bankrupted once this has all played out.

Nifong
Sprinted out of his office with regularity and spoke proudly to the cameras and reporters when the lacrosse rape case broke. He was running for re-election, and the rape allegation was a huge opportunity for him to display his prosecutorial skills. Now that he's been re-elected and it's apparent that his case is weak, he's never seen in public. There's been a rape in this case alright, but it wasn't the exotic dancer. It was three innocent lacrosse players whose lives have been forever changed by a power-hungry D.A.

Demosthenes...
HNTR didn't put a little smiley face, but I think he was writing with tongue in cheek, right?

Where is the REAL DA?

Where is another DA, or a federal judge or someone that can force the issue to some conslusion? Is there no one to right this wrong?

Perhaps this is why the Repubs just got whacked. No one willing to call on Nifong and make him do his duty. Are they all too timid to call a spade a spade?

Ed

An even more basic problem...?
To piggy-back on what Doc Sowell and Steve O said: "...this shabby episode is only one sign of a much more pervasive moral dry rot in our academic institutions and in our other institutions."

Where is the interest in truth? Seems like it is not available with this DA. Seems like the academics at Duke are more interested in agenda than truth.

What does that suggest about the quality of education at Duke (and so many other colleges and universities)? Should not the professors stress the need for objective truth, facts, critical thinking? Should not the professors actually PRACTICE the search for truth?

Has education been perverted to now represent the motto "veritas" found on many of the school seals?

Besides an apparent rape of justice, there may well be a rape of truth - but... it did not start in Durham, and it is hardly limited to Duke University.


makes me so angry
The woman who accused these men should be jailed. The DA should also be jailed. Duke should be groveling for forgivness for not backing up its coach and students. these men deserve an apology big time for what they have gone through for them and their families.

A crime has been comitted, but it certainly has not been by any of the Duke players.

straight shooter
As a former police officer, I took huge pride in the fact that I always did my job knowing that if I ever needed to testify under oath, I would never have had to lie about what I did in on the job. I expected that of myself, my partners, the "collar brass" in HQ, and the Assistant DA's. I was disappointed rarely by partners, occasionally by the senior ranks, but often by the top echelon of the dept and ADA's office. Stories like this really burn me up because I can't it stand when politics and/or politically motivated schemers pervert the course of justice. The fact that this Duke case has been twisted and mishandled so openly is, as Sowell observes, a true rape. Heads need to roll on this one - false accusers and malicious prosecutors must be charged. As for academia, what other behavior did you expect? It's pathetic. It is, correctly noted by Steve O, a reflection of the citizenry.

The view from Durham
Prof. Sowell's columns always provide clear, concise insight. I'm thankful that he can shed some light on this disturbing affair from so far away.

Up close, the situation is all that he has said and more. What people won't say, and certainly will not get reported, is that Nifong's actions have split this community, again, along racial lines. With voter participation being nearly 40% from blacks, many of us believe that his press conference at the victim's university was a play to this racial side of the issue. That was right before the primary. A prosecutor concerned for the community would have scheduled the trial before the election. The fact that it was set for next spring shows us that Nifong has always been more concerned about his election than justice.

The problem is, the damage has already been done. Getting 49% of the vote, with 40% of the electorate being black, seems like the expected outcome of a coldly calculated election campaign. Now that he has been successful, how is he going to prosecute the case? With the racial polarization, how is a mixed jury going to reach a unamimous verdict? And, if he drops the case, ..... Well, don't plan your vacations in Durham next spring. But then, how would another prosecutor have done it? If he dropped it, the results would be even worse.

Durham has made a lot of progress on racial healing in the past few years, and there was a lot of good reason for suspicions and distrust. But, Nifong's shenanigans (I won't give him a honorific) have set us back years, if not a decade or more.

I hope it was worth it to him.

red_NC

What ever happened...
...to the right to a speedy trial. We know, given the penchant for prosecuting an accused separately under both state and federal law, not to mention a civil trial, has all but rendered meaningless the concept of no double jeopardy. And then there's the judicial practice of confiscating the accused's property before they've even been convicted of a crime rendering the concept of due process null and void.

Under liberal lawyers, the concepts of American justice have been steadily eroding with the courts becoming formats for legal entrepreneurs busily confiscating the property of rightful owners and producers under dubious legal concepts.

Read the stories of any great nation's decline and there is one salient factor involved in all - the deterioration and corruption of their judicial systems. This is exactly the point Thomas Sowell is making here.

FeedFwd
Ex actually! What else would you expect from a group of boys who are away from home for the first time? just having plain old fun, playing loud music, drinking beer and maybe roughing it up once in awhile. Nothing about girls that come to the dorms or anywhere else as far as that's concerned being disrespected in any way what's so ever. Just to make sure everyone clearly understands hntr admin post listed above.

As Snot and Steve O . . .
pointed out, it was the citizenry that should be held responsible.

Nifong is obviously malfeasant in his prosecution and possibly criminal in his continuing prosecution and disregard of evidence.

You don't need to be a cop or lawyer to see that Nifong is wrong and he will suffer serious criminal and civil problems down the road.

The real victims are the rich white kids who will never be whole after this. One can only hope that they can some sense of justice when Nifong is sitting in a prison cell.

Runaway Persecutors
Nifong is only the ugly face of a major problem we have in America. That problem is the unfettered power of the State to prosecute anyone for anything at any time. It really doesn't matter if a crime has been committed or not as long as the prosecution pleases some political group.
It's not a new phenomenon limited to Raliegh-Durham, North Carolina. We saw it when Bill Clinton was President with Ken Starr being unable or unwilling to prove anything against Mr. Clinton other than being the source of a mysterious stain on a dress.
Martha Stewart was sent to prison for the heinous crime of telling a white lie to the FBI because prosecutors were anxious to nail her boyfriend for securities fraud. She didn't help them so she goes to jail.
Rush Limbaugh spent a couple of years fighting off a vicious politically inspired persecutor in Florida. Now the same moron is going after Ann Coulter in another politically inspired persecution.
There was no crime committed in the Valerie Plame/Joe Wilson deal. Yet Patrick Fitzgearald needs to justify his existence so he goes after Scooter Libby in another trial over a non-crime. Note to Pat boy, to commit the crimes of obstruction of justice or perjury, you need an underlying criminal act to be lying about or concealing.
Tom Delay committed no crime other than being an effective leader for the House Republicans. But, that was enough for a political hack in Texas to indict him. Now that the Democrats have won look for those charges to be dismissed too.
The facts in the Duke case don't fit Nifong's charges except to polarize the community along raciat lines and get him re-elected. As long as it keeps his name out there as a "tough" prosecutor the idiots will keep re-electing him.
The idea of prosecuting the taxi driver for robbery because is testimony doesn't jive with Mr. Nifong's political ambitions is a pretty novel strategy too. Does that mean that United Airlines committed murder because one of their airplanes got hijacked and flown into the World Trade Center?
Perhaps issues of crime and justice are too serious to be left to lawyers. Of course, where are the defendant's lawyers? They should have been flooding that court house with motions to dismiss the case a long time ago. Also, where is the judge in the Duke case? Has he ever heard of the right to a speedy trial or was he asleep the day they covered that at lawyer's school? Maybe he and Nifong were playing hookie that day.

dollface
Maybe he and Nifong were playing golf that day.

Yes, it's a terrible injustice, but ...
consider this -- many of the people responding to this article with justifiable moral outrage at the prosecutor's shabby tactics are the same people who scoff at civil libertarians' concerns for the rights of enemy combatant suspects and other detainees held at Gitmo and elsewhere by our government.

Mr. Sowell writes: "Will we destroy this and other pillars of our civilization even before our enemies have a chance to finish us off?"

Good question. But the fact is that these young men at least have a case which is seeing the light of day, and diligent attorneys, and inquisitive reporters, all of whom will some day cause this case to be dismissed or won at trial. Contrast that to the thousands we hold in detention, for whom even the right of habeas corpus has been suspended, for whom torture is okay as long as it doesn't kill or "seriously injure" them, for whom access to competent legal counsel is severely circumscribed, for whom the objection of hearsay will not be available under most circumstances, and for whom there is no right to confrontation of witnesses and a very restricted right to examination of some of the evidence against them.

It is hypocrisy to suggest that the well-off and well-supported Duke University players are deserving of a fair shot at the courts but the detainees aren't entitled to an even playing field. It is hypocrisy to suggest that a politically ambitious prosecutor may concoct or unethically twist facts to pursue a bunch of rich white kids for political gain, but that such a thing is not possible in the world of terrorism investigations and counter-insurgency.

I would be much more impressed with Mr. Sowell's sense of outrage if it extended to other, more vulnerable individuals such as the unpopular, unconnected, and generally poor detainees, but somehow it seems unlikely. Perhaps he can address this issue in a future column. But if in addressing it he suggests that somehow the detainees' situation is different and we should not give to them the benefit of our protections against prosecutorial excess, then I would ask him: "Will we destroy this and other pillars of our civilization even before our enemies have a chance to finish us off?"



the truth is
the states do all hate men and they don't have to be rich. My husband is trying to get full custody of his kids and when the kids school said they weren't getting enough food when they came from her house he went and bought cases of non perishable healthy snacks to leave in school for them - the judge actually said he should have taken them to the ex's {she has another kid and a live in who is a heroin addict and was in jail for armed robbery and doesn't work}. every time the we sent the kids to the ex's with food the live in ate it. and why should my husband pay for her her other kid or her live in to eat{plus the support payments}. The court actually called her a victim because she chose not to work - this country has no respect for the males who take care of business and do the right thing. This in itself is why a situation like this can be gotten away with.
I beleive not only should the "accuser" be prosecuted {didn't i also hear the other dancer say when he gave her a ride home the acuser started an argument and wanted to be hit??} and spend time in jail but i also think the school should foot the bill for the complete education {books rooms and all} for these boys! They acted horribly for not trying to find the truth either going as far as canceling the whole season for the others as well.

Those poor little "detainees"
"I would be much more impressed with Mr. Sowell's sense of outrage if it extended to other, more vulnerable individuals such as the unpopular, unconnected, and generally poor detainees..."

You mean the terrorists at Gitmo and elsewhere who are trying to kill us? They're unpopular for a reason. They're also not US citizens, as are the Duke lacrosse players.

catzmaw
most people do not want to see the enemy combatants really abused, but the lies that were flying around we cause for outrage also. with the exception of the idiots who did the things in the pictures which i agree was disgusting and they rightly are being prosecuted the other guards have been doing things like wearing gloves to not handle the koran and they get meals more to their diet likes. they have even sent home the ones found innocent. Playing loud music is not beating someone nor is it sknning a person alive which is a tactic some of these enemy combatants apply to thier enemies when caught. Yes being who we are we need to set the proper example on treatment of the enemy, however we do not cross the poor treatment line that some in the media have us beleive.

We Can Only Fall By Our Own Hand
In 1837 Abraham Lincoln said: “All the armies of Europe and Asia could not by force take a drink from the Ohio River or make a track on the Blue Ridge in the trial of 1,000 years. If destruction be our lot, we must ourselves be its author and finisher.”

Lincoln was referring to the battle over the extension of slavery, which threatened to — and ultimately did — tear the nation in two.

Lincoln was right then, when the United States of America was orders of magnitude weaker than it is now.

Not only is there a chance we may wreck our own system before our enemies finish it off, but it is so good at withstanding external assault that it can only be taken down from the inside.

It is the ever-expanding Fifth Column within our walls we must be most concerned with defeating if we are to be preserved as a nation.

Rights
When someone official reads you your rights -- exercise those rights -- because the primary purpose of that reading your rights is to build a case that won't get thrown out on a technicality.

Clyde9

Clyde9
And the purpose of exercising them is so that the case WILL be thrown out on a technicality.

You can't contest them making you roll down the window if you consent to the search or if you do it yourself.

You can't contest to an unlawful confession if you open your fat trap.

(Or if you don't, actually, but that requires true skill to manipulate).

correction
"or if you do it yourself" without being asked first.

Ridiculous
How much credibility do the people that jumped on the bandwagon against these boys now have?

Sadly, more than before this incident.

These boys should sue everyone that presumed them guilty of slander! Only then can we elimnate these problems.

These boys lives are ruined now. For what?


The rape of justice
Mr. Sowell,
You make some factual points, but it surprises me that you left out very important facts. What about the fact that the Duke Lacrosse player, who was expelled, wrote an e-mail saying "let's have another one (party), we'll skin her alive this time." This e-mail was written the day after the incident. Duke University expelled this Lacrosse student.

What about the fact that these guys tried to shield their identity, saying that they were from the track and baseball teams, making the female believe that they were black. My point is that most men who actually partake of this type of "hiring, buying" women, hire/buy their own race! It is clear that these boys felt this lady was 'beneath' them and their anglo girlfriends by hiring a black exotic dancer. They felt that they didn't have to respect her as much as their own race of girls...pathetic.

Another fact, public urination, hiring exotic dancers, public drunkedness, tells me that these boys are not mature enough to be college athletes ,who are held to a higher standard. Their parents need to sit them out a year until they display behavior that is conducive to being a college student.

The young female should find another career. It is too dangerous to 'dance' for college kids who have no regard for women, themselves, or the law! Maybe we should change the law to make it illegal to exotically dance...It doesn't serve any empirical value to humanity, so what's the point....buying human beings for personal pleasure? Sounds worst than slavery. In slavery, there was a business associated...In this case, it's just for fun...hideous!

Why did you leave out these facts? Facts are not obsolete.
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