Friday, December 8, 2017

RIP Due Process in America


Whether Alabama senatorial candidate Roy Moore sexually harassed anybody 40-years ago or not, the bigger issue is – the end of due process.  This media feeding frenzy on Moore (and others) is serving to undermine the rule of law in America.

As the mainstream media has reported for decades: There should be a presumption of guilt … based on any accusation of sexual misconduct … whether it is a candidate for political office or an unlucky college kid accused of rape.  But mind you: The media has the prerogative of controlling the narrative… picking and choosing who’s guilty (i.e., Bill Clinton, Harvey Weinstein, Charlie Rose, etc.).

Trying to discern what is real from what is fake is a tall order in today’s media world, unless you’ve worked hard to cultivate a sense of discernment.  Navigating the “news” is like taking a walk through a complex hall of smoke and mirrors.

The question is: Will due process live or die?  Will we be able to revive its true meaning (i.e., the basic principle that people should be judged fairly on the basis of evidence)?  Or will we succumb to raw emotion and all of the bias lynching that goes with it?  

Some folks would say that the concept of due process only applies in a court of law, and has nothing to do with the variations of public opinion.  That may have been the case in the past, but not in our day of a propaganda media.  If society loses its comprehension of the idea of equal treatment under the law, based on a moral code that should apply equally to all, it really doesn’t matter that we aren’t in a court of law.

Let’s not forget that public opinion has always been used as a mechanism to change public policy.  This is why media corruption, opinion polling, and political correctness are such big deals.  They create illusions of opinion, which in turn strongly suggest which views will be socially acceptable to adopt. Then, politicians pass laws based on their perceptions of public opinion; and the courts soon follow.  So due process dies in the court of public opinion.

When we deceive ourselves into believing that moral standards are a pick-and-choose proposition, we end up in an imaginary place where everything is as bad as it possibly can be where soon there will be no due process or rule of law for anyone.

If perchance the double standard of morality were to unravel, then our society would actually have a shot at renewing our understanding of what due process, fairness, and justice really mean … that they must be built upon a moral code that applies equally to all.  But if not, we can expect a continued narrative that conditions the public to misconstrue and reject the concept of due process.  

Our media and power elites decided quite some time ago that some folks get the benefit of the doubt and others certainly do not.  MA Democratic Senator Ted Kennedy, for example, left MaryJo Kopechne to drown while he first called his lawyer then took a nap after extricating himself from the car he drove off a bridge, with her in it, at Chappaquiddick.  He went on to win numerous reelections, honored by his colleagues as the “Lion of the Senate.”

Only a free people who understand and appreciate the meaning of freedom can call out such cynical posturing.

Listen: Either moral standards exist or they do not exist.  If there are no standards, then there is no way to measure or achieve fairness, justice, or equality.  The concepts of due process and rule of law absolutely depend upon a society both recognizing and maintaining moral standards as equally applicable to everybody.

To understand what a moral standard is, let’s try to understand what any standard is.  A standard is just an unchanging basis that we use for comparison, measurement, and discernment.  Moral standards are critical to the functioning of any society.  Without them, there is no self-regulation, no balance in relationships.  The Ten Commandments, for example, provide moral standards by telling us not to kill, lie, cheat, or steal.  Whether or not a person believes such standards come from God, any sane individual can see how dangerous it is for functioning societies to reject such standards.  So without a rule of law based upon those principles, everybody becomes vulnerable to being violated.  If we exempt ourselves — or any hand-picked person who may serve our purposes — we end up in the chaotic territory expressed in the scripture of Isaiah 5:20: “Woe to those who call evil good and good evil, who put darkness for light and light for darkness.” 

There can be no room for even the pretense of due process if we allow our social discourse to be selective in morality.  If we are going to automatically adopt a lynch mob mentality whenever someone is accused of a crime, then we are paving a path into darkness where anyone and everyone can be presumed guilty and lynched.  Once our public discourse habitually trashes the concepts of presumption of innocence or due process, then we open the door for kangaroo courts, and due process enters the death chamber.

Rev. Dr. Kenneth L. Beale, Jr.
Chaplain (Colonel-Ret), U.S. Army
Pastor, Ft. Snelling Memorial Chapel

No comments:

Post a Comment