Tag Archives: Due Process

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The Problem with Rolling Stone Isn’t Bad Journalism; It’s Liberals Who Are Illiberal

On Sunday, Rolling Stone published a report authored by scholars at the Columbia School of Journalism about the magazine’s repeated failings with regard to its notorious University of Virginia rape article.

Since the report was published, an array of commenters have lamented the supposed death of journalistic standards in the Internet age. What they should really be worrying about is something even scarier — the death of liberalism itself.

By “liberalism,” I do not mean American liberalism (or progressivism, as it is more accurately dubbed), but rather liberalism in the classical sense. That is, the system of free speech, property rights, and the rule of law that serves as the foundation of Western society. The fact that Sabrina Rubin Erdely could print such a libelous article without a peep of inquiry from Rolling Stone’s editors, and the article could cause such a frenzy so as to suspend fraternity life at UVA without a disciplinary hearing, points to an even deeper cancer than one of journalism.

Due process is under threat at modern American universities, as is evident in the case of sexual assault. Instead of respecting law enforcement’s responsibility to investigate, try, and punish actual rapists, universities instead opt to hold such hearings in kangaroo courts in the form of disciplinary hearings — where the burden of proof is almost always lower than that of actual criminal courts.

As such, it boggles the mind to think of all the former students who have been expelled and had their professional lives ruined because of a false rape accusation that their university, and not a court of law, deemed to be true.

Read the rest at Rare…

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Advocate’s Piece Praised in Bloomberg and Reason

Advocate Brad Schlesinger‘s piece on prosecutorial misconduct for Outside the Beltway, How the Drug War Disappeared the Jury Trial, was praised by writers in Bloomberg and Reason.

In Bloomberg, Megan McArdle wrote:

Outside the Beltway has an excellent, excellent piece on the way “overcharging” is used to coerce guilty pleas. I can’t really append enough “excellents” to its description. Everyone needs to read it.

For Reason, Brian Doherty wrote:

Brad Schlesinger at Outside the Beltway with a cogent take on how mandatory minimum sentences give too much power in justice to prosecutors and help kill trial by jury.

Both quote the piece at length.

Read the original piece here.

If you’d like to speak with or book Brad or any of our other Advocates, please contact Young Voices now.

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Advocate Brad Published in Outside the Beltway

Advocate Brad Schlesinger was published in Outside the Beltway about how the drug war disappeared the jury trial.

With an out-of-control prison population and burgeoning criminal codes full of laws that punish a host of non-violent consensual behavior, it’s far past time to end the one-size-fits-all mandatory minimum sentencing laws the 1980′s drug war fervor brought us. Doing so will allow the role of the criminal jury trial to at least be restored to a modicum of its intended status – a check on the largely unconstrained and arbitrary police power of the state. A truly free society requires it. As 19th century American intellectual Lysander Spooner so aptly wrote back in 1852, “if the jury have no right to judge of the justice of a law of the government, they plainly can do nothing to protect the people against the oppressions of the government; for there are no oppressions which the government may not authorize by law.”

Read the rest of the piece here.

If you’d like to speak with or book Brad or any of our other Advocates, please contact Young Voices now.