they move the goalposts.
Attorney General Eric Holder, during his final weeks in office, plans to ask Congress to lower the standard of proof in federal civil rights cases, a change that would make the federal government "a better backstop" against discrimination in cases like the deaths of Michael Brown and Trayvon Martin, according to NBC News and POLITICO.
"We do need to change the law. I do think the standard is too high," Holder told NBC News Thursday. "There needs to be a change with regard to the standard of proof."
Holder said that between now and his departure, likely in early March when the Senate is expected to confirm Loretta Lynch as his successor, he will call for a lower standard of proof for civil rights crimes, he told POLITICO. Such a change would make it easier for the federal government to bring civil rights charges in the future, the news organization reports.
The Justice Department said Tuesday that its independent investigation found "insufficient evidence" to charge George Zimmerman with federal civil rights violations in the shooting death of Florida teen Trayvon Martin. - USA Today
Can't meet the burden of proof, as laid out in our Constitutional system of jurisprudence? Simply change the standard to allow the State to use a lower standard than would be required of the Citizen.
Tyranny defined.
"Tyranny" of Civil Rights?
ReplyDeleteStandards of proof in criminal, civil, and military jurisprudence have been altered many, many times over our history. It wouldn't be anything new for that sake.
JMJ
Indeed they have, but altering them based on race/skin color, in order to more easily procure a verdict for the State.....is both an illustration of tyranny, unequal protection under the law, and racist.
DeleteIf people are being systematically abused by their race, then yes, it would make sense to address that. For Christ's sake, the War on Drugs is nothing but a race and class war.
DeleteJMJ
The 'war on drugs' is a State assault on the liberty of the citizen. The race and class aspects are just a side effect.
DeleteThey sure seem like the targets and purpose to me.
DeleteJMJ
Yet, CI's point, "Can't meet the burden of proof, as laid out in our Constitutional system of jurisprudence? Simply change the standard to allow the State to use a lower standard than would be required of the Citizen." is about a specifically racist attempt to deny equal justice for all.
DeletePolice abuse of minorities must be stopped and is a problem, Jersey. But it must be done without racist bias, and with equal justice for all. No "low standards".
Also, there are already predictable calls for the Ferguson police force to hire people on skin color instead of qualifications. A lose-lose-lose-lose proposition, except for the incompetant.
If Jersey had ever served in the military he'd have seen for himself that minorities are no different that anyone else, and that they don't need any special help. I don't know why illiberal 'liberals' take such a condescending attitude toward minorities
ReplyDeleteAfter the Civil War, the black literacy rate was close to 0 and by 1900 it was over 50%. This is one of the greatest achievements in all of human history and it was accomplished without a government policy. Yep, I agree with Silverfiddle here.
DeleteThe whole world is not the military. As for condescension, nice try. Minorities and the poor are regularly abused by the police state, and that's what this is all about.
DeleteJMJ
Guys like Jersey apparently believe that a black person flunking out of Cornell, M.I.T., or Stanford Is preferable to that same black person graduating with honors from Stony Brook, UMass-Lowell, or Cal-State Fullerton
DeleteYes, hi intentions are noble but at some juncture accountability must also come into play. The fact of the matter here is that affirmative action has probably done significantly more harm than good and a reassessment is definitely in order........................................................................................P.S. Two exceptional sources on the matter are "Mismatch" by Richard Sander and Stuart Taylor and "Affirmative Action Around the World" by Thomas Sowell. I highly recommend that everybody (white intellectuals, especially) read them.
Good arguments, Will, Against the John Myste idea of blacks as less capable, damaged beings who can't compete with others on a level playing field.
DeleteEric Holder is rapidly becoming the Attorney General that John Mitchell could have only dreamt about becoming.
ReplyDeleteGood point.
DeleteMaking the system fairer is "tyranny"? Is that only if it is made fairer for African Americans? A tyranny of civil rights... As Jersey said... I guess.
ReplyDeleteHow do you figure that the State having a far lighter burden of proof to prove....than you or I...is "fairer"?
DeleteThat, my friend...is tyranny.
Exactly, CI. It is in fact racist, and less just to make the system (supposedly) more fair for a certain racial group. We need equal justice for all, and having different standards of justice for people based on what race they are is a horrible idea. Not to mention unconstitutional.
ReplyDeleteI have every confidence that the police abuses revealed in the in-depth Ferguson investigation can handled and ended without lowering standards of justice (i.e. introducing injustice) and using rigorous and colorblind (non-racist) standards.
To go after problems in such a racist fashion as Holder wants will only make things worse.
Also, CI. giving the state a lower burden of proof in its actions against the people is definitely a step toward fascism, strengthening of the police state, and damage to our rights. As it once again shifts power away from the people to those who rule them. I strongly disagree with ill-intentioned attempts to give the powerful much more leeway against us: they already have plenty as it is. There is absolutely no reason the ruling elites shouldn't have to play by rigorous standards when it comes to due process in taking action against "we the people".
ReplyDeleteThen why not raise the burden of proof so that only a confession is good enough? If Wilson said (on tape) "Damn right I murdered that ni**er. Because I knew I could get away with it"... Only that would be enough.
ReplyDeleteAnd police acting as unaccountable judges, juries and executioners who are always to be believed is the opposite of fascism - and the only way to prevent a police state????
That anyone cannot see that moving the goal posts is the mark of tyranny is surreal. Sheesh.
ReplyDeleteAOW: Exactly. And this idea that the wrongdoers cannot be brought to justice without the government cheating is really awful.
ReplyDeleteOf course, if the government cheats like this, innocent people will be persecuted, but that is fine for the race warriors.
Good to see your wisdom here, AOW.
Dmarks,
ReplyDeleteThank for the affirmation and your welcoming words.
I read a lot on the web, but don't comment as much as I used to. Been shoveling a lot of that global warming here in this winter of our discontent, dontcha know?
this idea that the wrongdoers cannot be brought to justice without the government cheating is really awful
Our justice system surely isn't perfect -- before the recent tinkering, that is-- but where is there to go where the justice system is better?
The noose of tyranny is tightening, but those whose necks are in the noose are snoozing. Or something.
Eric Holder did not recommend "cheating". Proof (not no proof) would still be necessary to convict. dmarks is simply happy with the current standard because it allows scared Whites to gun down African Americans with impunity.
ReplyDeleteHolder advocates for a burden of proof lower than you or I are held to, under the justice system. And advocates for such in order to gain a specific judicial outcome.
DeleteA lower burden of proof than you or I are held to? I don't know where you are getting that from. Perhaps this is an example of the "projection" you keep referring to?
Delete