Sunday, June 17, 2007

Justice for the Duke Lacrosse players?

Yesterday Mike Nifong resigned, but that’s not nearly enough to appease the offended sense of justice of many North Carolinians.

The News & Observer notes that the victims plan to proceed with civil lawsuits.

I’ve read almost every story published on this lurid affair, and I’m convinced that this whole brouhaha was simply retribution by Crystal Magnum, her getting even for having been belittled and cursed-at by some stuck-up rich white crackers.

After all, Magnum had nothing to loose, so “why not”?

Abuse of the Public Trust

Betraying the public trust should be a serious offense. For the prosecutors punishment, disbarment and a civil judgment is simply not enough. We grant the police, prosecutors special privileges to protect the citizens, not abuse them. We hang spies for lesser reasons. Many folks think that Nifong has committed a crime:

“Nifong goes before the State Bar commission to ask for dismissal of perhaps the most serious charge -- that he withheld DNA evidence and then lied about it to judges and the state bar.”

The victims also have the right to go after Nifong with Federal Civil Rights abuses:

“If the players pursue a civil case of malicious prosecution, they must prove four elements:

* The original case was terminated in their favor, a given.

* The accused prosecutor played an active role in the original case.

* The prosecutor did not have probable cause or reasonable grounds to bring the original case.

* The initial case was initiated or continued with an improper purpose.”

But most scary of all, the Moms of the victims have vowed to seek justice.

Justice for the fake accuser?

And what about the judgment-proof scumbag woman who brought forth the charges that ruined these young men’s lives? Bob Dylan’s ballad goes “♫ ♫ When you ain’t got nothing, you got nothing to loose ♫ ♫”, and this is especially true for Crystal Gail Mangum who made these false charges. You cannot get blood from a turnip, and suing this shady lady is a waste of time.

Liar, liar, pants on fire

Let’s enforce the NC criminal libel law

So, the question lingers: Do judgment-proof scum like Crystal Gail Mangum have right to libel and defame people with impunity? Civil remedies are not enough, and criminal sanctions are needed to stop judgment-proof scum from making wanton allegations.

Many poor folks think that they can say whatever they want with impunity since nobody would waste good money suing an indigent. This has to change, and a stiff prison term for the fake victim will send the message.

Some more enlightened countries have laws that make it a crime to defame someone and ruin their reputation, and perhaps it’s time to take heed. In 17 states with criminal libel laws, (Colorado, Florida, Idaho, Kansas, Louisiana, Michigan, Minnesota, Montana, New Hampshire, New Mexico, North Carolina, North Dakota, Oklahoma, Utah, Virginia, Washington and Wisconsin, along with Puerto Rico and the U.S. Virgin Islands), it appears that defamation and libel are criminal offenses and we may get the pleasure of seeing Crystal Magnum is jail, after all.

“In Colorado, state law makes criminal libel a felony carrying up to 18 months in prison and a fine up to $100,000 for the first offense.”

A North Carolina Chain Gang

I’m no lawyer, but North Carolina has laws making it a criminal offense for someone to secure the publication of false or libelous information (see North Carolina Codes, Chapter 14, § 14-47):

“If any person shall state, deliver or transmit by any means whatever, to the manager, editor, publisher or reporter of any newspaper or periodical for publication therein any false and libelous statement concerning any person or corporation, and thereby secure the publication of the same, he shall be guilty of a Class 2 misdemeanor.”

Many folks agree, jail is a just and fair remedy:

“If justice were to prevail, the woman who lied will end up in jail. Mike NiFong will not only be removed from office, but jailed as well.”

What about the mitigating circumstances?

As the lawsuits get started, we must remember that the Duke Lacrosse players are not totally innocent of wrongdoing, and I’ll bet that this whole incident was sparked by Crystal Magnum “getting even” for being cursed-at and treated like a black hooker:

- Reports say that the Duke Lacrosse players are privileged, rich white kids with an unjustified sense of entitlement.

- The Duke Lacrosse team specifically asked for white strippers, and got very angry when they saw the pair of black titty-tossers at their door.

- They used nasty racial epaulets against the female sex workers.

Gee, it will be fun to watch how this tawdry incident turns-out.