If you’re arrested in the USA, you’re entitled to certain rights.
Being arrested’s not the same as being formally found guilty, after all. Once you’ve been convicted, you become a convict; if they just suspect you’ve committed a crime, you’re a suspect.
I’m tempted to embark on an etymological tangent about how the noun forms of those two words both have the emphasis on the first syllable, but the verb forms place it on the second, but that’s beside my point.
Closer to my point: When the authorities are still trying to figure out whether there’s any evidence that you’ve done anything wrong, they can’t just start throwing you in jail for as long as they like, or treating you like inhuman terrorist scum. You’re still just a person who they suspect.
If you don’t want every suspect to have full access to all these basic rights until the point of conviction, then you’re granting the police and the criminal justice system a large amount of power over literally everyone. Being arrested isn’t just for the guilty. Even convictions are often overturned when it later becomes clear they got the wrong person; merely suspecting some totally innocent people is, even more regularly, a necessary step on the path to investigating a crime and finding a guilty party.
If you want to start taking away people’s rights as soon as they’re a suspect, before any due process has found them guilty, then you want to give police the power to arrest anyone they like, on suspicion of a crime, without having to prove that they’re guilty of anything, and start refusing them the rights specifically granted them under the law and the Constitution. You basically want a police state.
If you only want to save that kind of thing for the worst offenders, the terrorists who want to destroy your whole freedom-loving country (and maybe the child molesters too because they’re terrible and frightening and definitely not human), then you still want the police to be able to decide, before any kind of trial or impartial assessment, who those worst offenders are, and how guilty are the people they’ve taken into custody. You still want to give the unelected guys with guns and badges a police-state level of power to take other people’s rights away.
And that is not a good thing to do.
This really isn’t that hard. I get that finding deep compassion for people and understanding their humanity after you’ve confirmed with certainty that they’ve done terrible things is a bigger pill to swallow, but “don’t call down the lynch mob on the first guy you slap handcuffs on, before there’s been any kind of hearing or arraignment let alone a fucking trial” is Basic Humanity 101, people. This stuff almost comes in the same lesson as the thing about not throwing bricks through paediatrician’s windows.
Some of the reaction to the arrest of a suspect in the Boston bombings has made it hard not to start shouting “THIS IS EXACTLY WHAT DUE PROCESS IS FUCKING FOR, YOU GODDAMN NUMBSKULLS”. So hard, in fact, that I couldn’t hold back from shouting exactly that, in the sentence immediately preceding this one. The whole point is to put systems in place that rein in those baser instincts in us that call for immediate, eye-for-an-eye vengeance when we are wronged. It’s about recognising that we’re all made of meat, and we all fuck shit up. It’s not about making a token gesture to the ideas of accountability and transparency and individual liberty, and then chucking even that out the window once you’ve got someone who you just know is really bad.
And it’s not just from easily ignored extremists, either. Lindsey Graham’s been in the Senate for a decade, and has declared that letting this particular suspect have his rights is the last thing we may want to do. So, there you go. You can trust the cops to know who’s guilty and doesn’t deserve rights. Hardly even seems worth the hassle of a trial.
Hi again, new followers. You may also notice that, as well as a devout atheist, I’m kind of a crazy libertarian. (And even more of a crazy socialist. But we’ll get to that later.)
Anyway, I’ll be back on atheism tomorrow, in response to some questions from my last post and some other recent Twitter interaction. This is just something that bugged me today.