Yes, "Believe!" -- In Due Process
Ashe Schow is a wonderful watchdog who has taken on some of the horrible abuses of men on campus under Title IX. She's also generally a kindred spirit of mine in being for rights for all people. Accordingly, here's a piece of hers at the Daily Wire -- about a sickening case:
An upstate New York woman has been charged with false reporting of a crime after police say she claimed she was raped. In reality, she was angry at the man because he wouldn't give her a ride home.Jessica Gallagher, 27, met a man on a dating app and told police that he abducted, blindfolded, and raped her. Police say she later admitted that she made up the false rape claim because the man refused to drive her home.
Gallagher was arraigned on Tuesday, and is currently being held in the Wayne County jail. Her next court appointment is on July 18, according to the New York Post.
Schow gets it exactly right:
There's a cultural push in America today to always "believe the victim," with "victim" standing in place of those who should rightfully be called, initially: "accuser." We're also told that "women never lie" about being raped, yet there's a long history of frivolous rape claims just like Gallagher's.
What I believe in is due process. In short, from Wikipedia: "Due process is the legal requirement that the state must respect all legal rights that are owed to a person."
There are four kinds of due process: procedural due process (in civil and criminal proceedings), substantive due process, a prohibition against vague laws, and as the vehicle for the incorporation of the Bill of Rights.
For example, on "procedural due process":
Procedural due process is a legal doctrine in the United States that requires government officials to follow fair procedures before depriving a person of life, liberty, or property.[1]:657 When the government seeks to deprive a person of one of those interests, procedural due process requires at least for the government to afford the person notice, an opportunity to be heard, and a decision made by a neutral decisionmaker. Procedural due process is required by the Due Process Clauses of the Fifth and Fourteenth Amendments to the US Constitution.[1]:617The article "Some Kind of Hearing" written by Judge Henry Friendly created a list of basic due process rights "that remains highly influential, as to both content and relative priority."[2] The rights, which apply equally to civil due process and criminal due process, are the following:[2]
An unbiased tribunal.
Notice of the proposed action and the grounds asserted for it.
The opportunity to present reasons for the proposed action not to be taken.
The right to present evidence, including the right to call witnesses.
The right to know the opposing evidence.
The right to cross-examine adverse witnesses.
A decision based only on the evidence presented.
Opportunity to be represented by counsel.
The tribunal to prepare a record of the evidence presented.
The tribunal to prepare written findings of fact and the reasons for its decision.
Here's due process in more detail from the Wex Legal Encyclopedia, via Cornell.
A civilized society is a fair society, and a society that screeches (and goes by) "Believe!" is neither fair nor civilized, nor a society I want to live in.
A civilized person is for individual rights -- and not just those of individuals whose sex parts happen to match yours, but those of all individuals.
via iFeminists








For the most part, the vagueness doctrine is no longer functional. It still functions in a few areas of criminal law. But particularly in regulatory actions, the "Chevron deference" renders it moot.
Cousin Dave at July 13, 2018 6:04 AM
Don't you see, it's not about individuals, it's about groups - pulling the "wrong" ones down and elevating the "right" ones. Individuals don't matter; they only get in the way.
Conan the Grammarian at July 13, 2018 8:37 AM
Who in their right mind believes that women never lie? Women have no lock on virtue. They do fewer major crimes, true, because men are more reckless and also more ambitious. But lying is a constant of human nature. In truth, one of the flaws women have is trying to manipulate their men (or society) to get what they want instead of just taking it like some men do. "manipulation" is another word for lying. Women will claim to their husband or boyfriend that they "can't" cut the grass or lift something, when really they just want him to do it. This is lying. Sorry ladies, no angel wings for anyone.
cc at July 13, 2018 11:54 AM
Regarding vague laws and procedural fairness: there has always been a tendency for governments to try to get away with whatever they can. "Flexibility" is very convenient for them, makes their job easier. With things like pretextual auto stops, civil asset forfeiture, and the drug laws, there is way too much flexibility to get you if they choose to or let you go if the wish.
cc at July 13, 2018 11:57 AM
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