This is Humboldt County District Attorney Paul Gallegos' Op-Ed "My Word," published in the Times Standard, and later revealed to have been largely plagiarized, with the theme and key passages taken from THE OX-BOW INCIDENT by ROBERT LOUIS FELIX
Links to related stories below, including a second case of Gallegos' plagiarizing in an earlier "My Word" piece.
Times Standard
Vigilantism a force of anarchy
My Word / Paul Gallegos
09/02/2006 04:28:23 AM PDT
Our legal system involves several stages, starting with the report of a crime and its investigation, the review of that investigation and a possible accusation, the disposition or trial on the accusation, a verdict, and a judgment. Responsibility for each of these stages is allocated to different independent entities ranging from the investigative agencies, to the District Attorney's Office, to the Probation Department, and to the court. The proper allocation of these duties and the independence of these roles is necessary to independently evaluate both the evidence of guilt and the risk of error at each stage in the proceeding.
When the person convicted is guilty, the system has worked. However, what is often misunderstood is that our legal processes have greater importance than getting the right results. Specifically, since absolute truth regarding guilt is not possible in all cases, some toleration of error is necessary and is required to protect us from the potential of abuse of power. Accordingly, we place the burden of proof beyond a reasonable doubt on the prosecution and require a unanimous jury verdict. This manages the risk of error in a way that is most favorable to the citizen. These stages, the independence of the various entities, the high burden of proof and the requirement of a unanimous verdict provide us with assurance in the accuracy of the final determination.
When the legal system is adhered to, the system demonstrates its commitment to the very laws it tells citizens they must comply with. It also manages risk in favor of its citizenry. If the accused is found guilty, the system has worked. If the accused is found not guilty, the system remains intact, functions as a model of compliance with the law, and firmly establishes that our individual freedoms are intricately intertwined with the maintenance of our laws.
By contrast, vigilantism is when all or most of the functions of the administration of justice are performed by one person or persons. Today, I see a growing tendency for individuals or a group of individuals to disregard our established practice in the administration of justice: orderly progression within the limits of official power and rational decision making. Instead, those individuals or a group of individuals try to assume all of the functions of the administration of justice and to, not only behave as a vigilante by acting as accuser, jury and judge but, incite that behavior in our communities as well. It is especially troubling when those individuals or group of individuals engage in and promote this vigilantism to further their particular viewpoints or goals to the detriment of both the individual and the community.
Quite frankly, we cannot have a presumption of innocence, a requirement of proof of guilt beyond a reasonable doubt or due process when the investigation, accusation, trial and judgment is taken over by one person or a group of persons. All you can have is vigilantism and vigilantism is a force of anarchy without much promise of justice.
Therefore, I ask that we, as individuals and as a community, recommit ourselves to the foundations upon which our country was formed. Similarly, I ask that we recommit ourselves to strive to honor and respect both the rights and the responsibilities of the individual that necessarily follow a belief in free will and personal responsibility. If we fail to do this and we allow ourselves to succumb to the vigilantism of others, we not only deprive that particular individual who is accused, found guilty and sentenced without the benefit of our laws of justice, we threaten the rights of everyone and our entire system.
Paul V. Gallegos is district attorney for Humboldt County.
Opinions expressed in My Word pieces do not necessarily reflect the editorial viewpoint of the Times-Standard.
***
LINKS to Related Stories, including the original
THE OX-BOW INCIDENT by ROBERT LOUIS FELIX
ER - WHOSE WORD WAS 'MY WORD'?
A second Gallegos column raises questions about attribution
No comments:
Post a Comment