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Wednesday, January 03, 2007
Thomas Sowell :: Townhall.com Columnist
The real issue at Duke: Part II
by Thomas Sowell
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Will the Dems' health care Christmas Present to America be an improvement or detriment to our health care system?


If bad gets to worse, Nifong can take the case to a jury, hoping to find at least one juror so biased by racial resentments as to refuse to declare the Duke students not guilty. A hung jury can save Nifong from being hung for a groundless prosecution.

We can only hope that the Duke University students hang tough, even though this whole process is costing their families money, beginning with bail set several times as high for them as for someone accused of murder in the same jurisdiction.

If they "confess" even to something that will only get them probation or a few hours of community service, the stigma will follow them as long as they live and blight their personal lives and professional careers.

Far more important, it would allow a nationally publicized gross misuse of prosecutorial powers to go unpunished, emboldening other prosecutors across the country to think that they can get away with anything.

What happens to Nifong matters far beyond Nifong, just as what happens to these Duke University students matters far beyond these students.

Nifong has not only played the black voters for suckers, he has been helped by knee-jerk reactions from liberals in the media and in academia, who started loudly denouncing the accused students from the moment the accusations against them were made.

The whole schedule of the Duke lacrosse team was cancelled and its coach fired. Scores of Duke professors took out an ad, lining up against the students. The New York Times led the media attacks on the students. The local NAACP chapter joined in the lynch mob atmosphere -- a painful irony, in the light of history.

An atmosphere of mindless reactions will always be exploited by demagogues. Our gullible vulnerability to such manipulation is the larger tragedy in this sordid and painful episode. District Attorney Nifong was neither the first nor the last demagogue to take advantage of that gullibility.

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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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Re Able Goodman's remarks on double stan
Well stated Mr. Goodman about the double standard which holds them above the law. The tactics used by Nifong in the Duke Rapegate case, and some prosecutors elsewhere, are de facto extortion. Unfortunately, it is not just prosecutors, but all lawyers, who are allowed to get away with extortion as they benefit from the double standard. Extortion is the day to day tool employed by the hugely profitable and unregulated litigation industry here in the USA along with fraud, spoliation, and fabrication so obvious that it would make Dan Rather blush. How did we get here? The problem is attorney self regulation and a protect thy brother at all costs attitude among lawyers. The self regulation of attorneys has been shown to be ineffective in terms of recidivism, biased against small practitioners and favoring powerful law firms, and fundamentally flawed while conducted under a cloud of secrecy from complaint, investigation, and penalty as many academics have shown. Don't take my word for it, read Richard L. Abel, Leslie C. Levin, William T. Gallagher, Michael C. Dorf, Susan R. Martyn, Jerome E. Carlin, Ted Schneyer, and even the ABA. American citizens and the business community need to wake up, stand up, and oppose the criminal element within the legal industry.
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