The 2006 Duke lacrosse team scandal demonstrates the hazard of our criminal justice system. Let's leave race out of the picture. No matter the outcome of the criminal trial, the lives of each young man and/or their parents will be forever shattered by the word of the alleged victim to accuse them of the infamous charge of rape. Each Defendant is entitled to the same equality of treatment as the Plaintiff. The DA has granted the Plaintiff's Civil Rights to petition our government for a redress of grievances. Yet, the DA has deprived each Defendant's Civil Rights of due process to petition our government for a redress of grievances against the Plaintiff for filing a false complaint. If the DA had followed due process to carryout our First Amendment, then each Defendant would have benefited from a fair and impartial legal process. Our First Amendment grants each civilian his or her Civil Right to petition our government for a redress of grievances by virtue of signing an affidavit of complaint to the DA. Consider the parents of each of the 3 Defendants. How do you think they may feel that the Plaintiff has exercised her Civil Rights to petition our government for a redress of her grievances, yet their sons can't exercise their Civil Rights? Let me tell you if you don't already know. They feel betrayed by the DA and are miserable suffering the nightmare of a lifetime. One day it may be your dear son or grandson standing trial. Do you wish for his Civil Rights to be deprived to petition our government for a redress of grievances, same as the Duke lacrosse team players? Think about it and let me hear your opinion. It may save the career of three young men.
Assuredly you are correct, StanleyG. Both the plantiff and defendant ought to be able to exercise their constitutional right of redress for grievances. Without such possibility, the door is wide open to fraudulent claims of criminal wrong doings and the abuse that stems from such.
Surely, the Duke players would be able to file a complaint (libel or slander, perhaps) if the woman was merely talking about being raped without making a formal charge. Once the formal charge of rape (or any other crime) has been made and the DA decides there is sufficient cause to bring an indictment leading to a trial, the counter claim of a false complaint is a matter to be decided after the criminal trial for rape is concluded or dismissed. I think the situation is analogous to a formal charge of burglary or attempted murder. Once made, the accused cannot avoid a trial by filing a counter claim for a false accusation. The potential defendant can surely raise the issue in front of the grand jury deciding on an indictment, and it is obviously a claim to be made at the trial. BTW: I doubt that an indictment ever results from an accusation by an alleged victim without there being some evidence or facts supporting the accusation.
DNA has vindicated them all ready, Dinosaur. Not a -shred- of DNA evidence point to them being involved in any rape.
