Selective Outrage

Radley Balko | December 13, 2006

North Carolina GOP Rep. Walter Jones is calling for a federal investigation of prosecutor Mike Nifong, the man bringing the case against the Duke University lacrosse players. Conservative congressman calls for federal investigation of overzealous prosecutor? Outstanding!

I for one welcome the sudden interest of the world's Joneses, Limbaughs, Hannitys, and Savages in important issues like prosecutorial misconduct, the rights of the accused, and mob justice. And though the lacrosse team seems to me to be a bunch of spoiled, bigoted boors, I happen to agree that in this case, they're also getting railroaded.

I just wonder where the team's stalwart defenders on the right have been all this time. Certainly they don't believe this is the first time a prosecutor has ever overstepped his bounds, or the first time politics has trumped justice to the detriment of the accused. Why the sudden interest in criminal justice? Why has this case so stoked their outrage?

I think I might have a theory. But I'm just askin'.

Comments

|12.13.06 @ 8:55AM|#

oh Radley, you cheeky cheeky monkey.

|12.13.06 @ 8:57AM|#

Radley, I'm shocked - shocked - that a conservative loudmouth would be a hypocrite.

ed|12.13.06 @ 9:00AM|#

I'll go out on a limbaugh and assume it has something to do with a certain election? But I'll admit that I'm miffed as to the mechanism that creates left-wing crusaders out of right-wing blowhards. Or has my snark detector blown a fuse? A litle help from the gallery?

|12.13.06 @ 9:02AM|#

"Ray" Nifong?

I haven't heard him called that before. But there is SOME google support for the reference, so maybe.

His name is Michael Byron Nifong, or "Facts Be Damned!" to his close friends. If he had any.

Still, Radley's point is a good one: why the sudden outrage over three rich white kids? Sure, they are getting shafted, and Nifong is the embodiment of prosecutorial misconduct. But so are MOST elected prosecutors.

As Burke said, "In vain you tell me that Artificial Government is good, but that I fall out only with the Abuse. The Thing! the Thing itself is the Abuse!"

So, Duke Prof or not, I'm with Radley on this one. Why wait until NOW to figure out that the criminal justice system is broken?

Sam Franklin|12.13.06 @ 9:15AM|#

I got kicked off a liberal message board here in canada, in large part because I said that I thought the Duke team was getting railroaded and I was beginning to disbelieve the accuser, as I read more about the case.

plenty of 'pocrisy to go 'round left and right on this one.

I also want very much to believe that this is black ops by Nifong -- Nifong's way of sending a message to the Al Sharptons of the world, but when I read his words I can't sustain that pleasant delusion.

|12.13.06 @ 9:33AM|#

It doesn't make any sense to say that because someone is not outraged by every case they should be that we should just ignore the cases where they are outraged. You could ask the same thing about liberals. They sure love to parade around with their "Free Mumia" signs but don't seem to care to much about this case. But of course this is 2006 and it is Reason so we don't dare say anything about liberal hypocrisy, only conservative hypocrisy is fair game. Ultimately who cares if people like Hanity are only pissed off because it is white college kids being railroaded? Does that fact mean that it is okay to railroad these kids or somehow redeem Nifong's despicable behavior in this case? I don't think it does. One battle at a time and this is one worth fighting. Everyone deserves justice and fair play from the courts. To say that this case isn't worth outrage because we don't like the defendants or we don't like the motivation of some of the people who are outraged is just wrong.

Radley Balko|12.13.06 @ 9:36AM|#

Mike Munger,

My mistake. I corrected Nifong's name in the post.

Thanks for pointing it out.

|12.13.06 @ 9:36AM|#

It doesn't make any sense to say that because someone is not outraged by every case they should be that we should just ignore the cases where they are outraged.

Who said that?

|12.13.06 @ 9:38AM|#

Well, John 9:33 makes a good point. Sure, if this is the catalyst for questioning the power of the state, then good.

But I think you are being a little harsh on Reason, John. Let me say it: "Liberal hypocrisy" is redundant. Of COURSE liberals are hypocrites. I just expect more from the right, or I used to.

|12.13.06 @ 9:43AM|#

"You could ask the same thing about liberals."

Yes, we could. And we should. But right here, the question is about the right/GOP. Saying that the left does it also doesn't mean that the right is excused.

|12.13.06 @ 9:46AM|#

"Saying that the left does it also doesn't mean that the right is excused."

No it doesn't, but this is not the place to do it. Question the right's hypocrisy when talking about cases like Corey Maye where they are ignoring a real injustice. You don't call them hypocrites when they are doing the right thing. The people who should be called out on this case are liberals who thing that all is fair if it involves a black accuser and a white defendent.

|12.13.06 @ 9:54AM|#

Although, liberals are just as big of hypocrites on the Maye case. Since it involved someone using a gun to defend themselves, they don't seem to interested in a poor black man in the south wrongfully on deathrow. Their hatred of self defense and gun ownership even trumps their outrage over racism and the death penalty.

|12.13.06 @ 9:57AM|#

John sayeth:

"It doesn't make any sense to say that because someone is not outraged by every case they should be that we should just ignore the cases where they are outraged.

Huh. That's funny. Ignore? But I swore I remember Radley saying something along the lines of,

"I for one welcome the sudden interest of the world's Joneses, Limbaughs, Hannitys, and Savages in important issues like prosecutorial misconduct, the rights of the accused, and mob justice. And though the lacrosse team seems to me to be a bunch of spoiled, bigoted boors, I happen to agree that in this case, they're also getting railroaded."

'Scuse me, but, I must have missed the part where Radley advocated "ignoring" this case. Care to point that out for me, John? You're quickly descending into parody.

"But of course this is 2006 and it is Reason so we don't dare say anything about liberal hypocrisy, only conservative hypocrisy is fair game."

Right, John, we get it: Reason never says anything bad about liberals. You sound like a broken fucking record. Every time anyone on this site says a) anything good about democrats, and/or b) anything bad about republicans, you trot out this same tired old horse of yours, and act as if, because of that particular blog post, your assertions are proven correct. Yet, you are curiously silent whenever Reason staff members say anything to disprove your cute little hypothesis.

|12.13.06 @ 10:04AM|#

Yeah Evan,

I have no point. I guess that is why you are so pissed off and defensive. Find me one writer for Reason that is half the shill for Republicans that Weigel is for Democrats? You miss my point. My point is who cares if they have a bad motivation? You point out their hypocrisy on cases where they are not outraged, not the ones where they are. The relevent subject for this case is why liberals don't seem to have a problem with prosecutorial misconduct as long as it involves white defendents they don't like.

|12.13.06 @ 10:11AM|#

The full story said that a congressman from New York City had also protested Nifong's conduct. I personally glad to see any politician protesting a proscuter's conduct.

|12.13.06 @ 10:15AM|#

Why the sudden interest in criminal justice? Why has this case so stoked their outrage?

Maybe they just read a great paper on botched paramilitary raids, and saw the accompanying interactive map, and finally realized it's not just "isolated incidents". Who knows, but more importantly, who cares? If the GOP and the right are trying to score political points (and with who, exactly?), let them, so long as they actually accomplish something good in raising awareness about prosecutorial misconduct and overaggressive authorities.

|12.13.06 @ 10:23AM|#

As always in politics, it's about whose ox is being gored. That's why the Hannity's of the world are outraged at the treatment Rush got, but not at the THOUSANDS of other drug arrest outrages.

I think Libertarians are more likely to see hypocrisy in conservatives or republicans, because we (wrongfully) expect more from them. It's a slow learning curve to finally realize, they're no better.

|12.13.06 @ 10:24AM|#

Is it possible, could it be that the "sudden interest" is a result of the tireless efforts of such, -gasp-, bloggers as KC Johnson or Liestoppers?
It's certainly not a result of the continued disinterest of the MSM.

Brian|12.13.06 @ 10:28AM|#

You can probably expect as the republicans get out of power that they will get more libertarianish sounding. Only to drop that once they get power again. In 2020 or whatever.

There's been a few instances where they sound like the freaking ALCU when one of their own is in legal hot water. Limbaugh and Tom Delay come to mind. I recall Fred Barnes on Fox declaring the prosecutor in Delay's case was out of control. Who knows, maybe he was.

Robert R.|12.13.06 @ 10:50AM|#

What next? Professional feminists and their allies in the left-leaning main-stream media will somebody defend a leacherous white male against charges of sexual harrassment?

There's no difference between the Republicans and the Democrats. They're both as stupid, evil, and greedy as the Republicans.

Dan T.|12.13.06 @ 11:39AM|#

It seems a little odd that you would investigate a prosecutor for misconduct over a case that hasn't even made it to trial yet.

The players are under indictment by a grand jury, remember, and may still be found guilty.

So at least Nifong deserves the chance to make his case before he's judged on it.

|12.13.06 @ 11:46AM|#

I think I'll just head back to Egypt...

|12.13.06 @ 11:53AM|#

"I think I'll just head back to Egypt..."

Will you be wearing a hood and shackles?

|12.13.06 @ 12:21PM|#

The players are under indictment by a grand jury, remember, and may still be found guilty.

Just like the Scottsboro boys, whose case is a photographic negative of this one.

ChrisO|12.13.06 @ 12:25PM|#

Baby steps. Next, we need some rich, white male victims of SWAT stormtrooper raids.

|12.13.06 @ 12:42PM|#

Radley:
"And though the lacrosse team seems to me to be a bunch of spoiled, bigoted boors,..."

Why did you feel the need to include this disclaimer? Apparently you don't think the situation would be any different if they were from poor backgrounds and models of moral rectitude? Perhaps the reason that so few people have come to the players' defense is that their moral sensibilities override their sense of justice.



"It seems a little odd that you would investigate a prosecutor for misconduct over a case that hasn't even made it to trial yet."

Since this belief is frequent:
I wish everybody who thinks that way the experience of being criminally charged at least once. It will change their outlook of the "justice" system forever. Especially once they're faced with the bill from thr lawyer they will be forced to hire unless they are too poor to afford one, in which case the very entity putting the squeeze on them will furnish them a most likely quite capable attorney whose hands are tied by that same system again.
In 95% of all cases this dynamic results in a plea bargain regardless of degree of guilt. Forget the trial. It never gets there

So the 3 indicted players had it coming that they:
1) lose by now 1 year of their life
2) their families have to pay a huge amount of money
3) they will have an arrest record forever
just to name a few.

Even though the available evidence is totally clear as to the total innocence of at least one of them and the most probable innocence as charged of all of them. Not to mention the procedural flaws and inconsistencies of the investigation. If this case serves anything, it will hopefully be a catalyst to fight politically correct prosecutions and a spotlight on the despicable thought processes and agendas of so many academics, civil rights activists, public "servants" and media hacks.

|12.13.06 @ 12:50PM|#

I still don't get what point you're trying to make? That liberals are as bad as republicans? Ooooh. The same point you make every time anyone says anything about republicans. Point taken. Can we move on now?

"The relevent subject for this case is why liberals don't seem to have a problem with prosecutorial misconduct as long as it involves white defendents they don't like."

That's one relevant subject, yes. But, aside from the Jesse Jacksons of the world, I don't think it has as much to do with disdain for the defendants as it does with the nature of the case. All one has to do is look around to see that, due to our social obsession with sex, males suspected of sexual misconduct are guilty until proven innocent. Hell, I had a friend whose life was nearly ruined by a girl who got drunk, slept with him, had second thoughts in the morning, and tried to say she was raped. And the process that followed was amazing. It was almost as though a justice system was an inconvenience...he was guilty, let's get on with punishment already!

So, take the rape aspect out of this issue, and those liberals wouldn't be as reticent.

|12.13.06 @ 1:07PM|#

EVan,


You are right about the rape issue. But, see Radley's stupid cheap shot at the begining of this thread (Gee, I didn't know that Balko spent so much time around college LaCross teams) and Martin's cogent smack of him for it. Even on here libertarians feel the need to distance themselves from some potentially rich white jocks before talking about this case. Balko's post sums it up with the whole "I know these guys are white college guys and therefore racist assholes who probably deserve to go to prison, but gee the Prosecutor seems to have been a bit too zealous here". Why does he think they are racist bigots? Because they got drunk and hired a stipper? Because a woman who has lied about everything else claims they used a racial slur against her? Yeah, that justifies what he is saying.

|12.13.06 @ 1:26PM|#

P Brooks

Glad somebody caught the Exodus reference.

My point, though, was that everyone is a little hypocritical at one point or another. While I'd like Limbaugh et al to broaden their skepticism of police raids, I'm not about to shout "hypocrite" at a time when I happen to be onside with them.

|12.13.06 @ 1:41PM|#

"""Still, Radley's point is a good one: why the sudden outrage over three rich white kids? ""

Because prosecutors usually get the benefit of the doubt at the beginning. The mistakes (if they are), in this case have reached a critical mass that is begging for the attention it now receives. I think the failure of the prosecutor to interview the woman is huge and has shed light on failures, and misconduct that can no longer be ignored.

When you are accused of a crime, the majority of people think your guilty. Cognitive dissonance says someone is more likely to reject new information that is contra to your belief. So as it seems apparent to some of us that there is no crime, many people will still think they are guilty of the crime until a large mass of evidence to the contrary is obvious. Some will not change their mind then either, such as this prosecutor. A good example of this is how many still believe Saddam had WMD in 2002, or that Iraq was part of 9/11.

He should be fired, forced to apologize to the team, school, and the state, and have his immunity stripped and then sued up the wazoo.

This will go down in history as the year that the Lacrosse team could have been number 1 but a overzealous prosecutor spoiled it for everyone.

|12.13.06 @ 1:44PM|#

"My point, though, was that everyone is a little hypocritical at one point or another. While I'd like Limbaugh et al to broaden their skepticism of police raids, I'm not about to shout "hypocrite" at a time when I happen to be onside with them."

But at Reason Republicans are always wrong even if they are on the right side. When they are on the right side, they are just being hypocrites because they are not on the right side all of the time. The same magazine that decrys the "hypocrisy" of Republicans outraged over Nagin, yesterday had no trouble at all lauding Robert Byrd for coming out against Congressional earmarks. No, nothing hypocritical there, that is just the Democrats coming around the "libertarian" way of thinking. Sometimes I wonder how they write this stuff with a straight face.

|12.13.06 @ 2:06PM|#

First of all John, you can't take this site too seriously. Most of the people writing here are just polishing their resume until a "real" job comes along. (i.e. Jesse W. and Tim C.) Dave W. is just biding his time here until Katrina vanden Heuvel calls.

Besides this place sux since VP left ;~)

|12.13.06 @ 2:13PM|#

"Besides this place sux since VP left ;~)"

I wouldn't say it sucks, but they have never found a replacement for her. She is one bright woman, even when I disagree with her I am left thinking, what an interesting point.

|12.13.06 @ 2:17PM|#

People are outraged by this case because the three lacrosse players were tried and found guilty by the press almost immediately after the accusations were made, only to have it soon be shown that they were almost surely innocent, yet Nifong intends to prosecute anyway. "Mob justice" is always awful, but it becomes especially noxious when the mob is led by the New York Times, still one of America's most powerful and influential institutions. That is what has caused the high level of outrage.

|12.13.06 @ 3:55PM|#

The NY Times is culpable in this??? I love it when people blame the media, it shows a real lack of understanding of how the world works.

The media reports, sure sometimes they can make accusations, but the real media reports what they believe to be the facts as they are known at the time. It's the pundits and op-ed staff that connects the dots and make accusations, for the most part. It's the FOLLOWERS of that type of media that believe the OPINIONS of the show hosts that's the real problem.

I'm not excusing the Pundits and Op-ed people, they are the ones selling it to the masses. But in the end it's up to us to figure out if they are right or full of it.

BTW, I have not seen any press report (from a real reporter, not Op-Ed) that has claimed they are guilty!! Come to think about it, I haven't seen an Op-ed person claim they are guilty, but I don't keep tabs on all of them.

|12.13.06 @ 4:56PM|#

The New York Times was culpable because the story was not nationally newsworthy in the first place. College and professional athletes, both white and black, are accused of horrific acts all the time, but this was almost the only one that was treated as national front page news(except for people like O.J. Simpson and Kobe Bryant who were already big stars before the alleged crime took place, and therefore were genuinely newsworthy).

|12.13.06 @ 6:01PM|#

Find me one writer for Reason that is half the shill for Republicans that Weigel is for Democrats?

Funnily enough, this post was written by Radley. It's not the first time you've been incapable of telling the difference, though, if your propensity to go off on David W when Radley says something you don't like is any indicator.

Maybe you could explain why David Weigel's supposed ideological biases have to do with Radley Balko? Otherwise, kindly stop using him in an attempt to prove some case of guilt by association.

|12.13.06 @ 7:35PM|#

"And though the lacrosse team seems to me to be a bunch of spoiled, bigoted boors"

Based on what? Because they're rich and (mostly) white? Because they hired strippers?

Michael Price|12.13.06 @ 9:18PM|#

Where were the conservatives before the Duke case? Right where the liberals are now, baying for blood. A pox on both their houses.

|12.13.06 @ 10:12PM|#

Right.

It's too bad that these spoiled, bigoted boors weren't railroaded. I mean really, the world's Joneses, Limbaughs, Hannitys, and Savages should've waited until the next case of prosecutorial misconduct in order to avoid the development of cynical "theories" about their sudden interest.

Seriously though, who cares about the motivations? Isn't the outcome more important?

|12.13.06 @ 11:41PM|#

Mike,
"why the sudden outrage over three rich white kids?"

Because there are no Pretty White Girls missing in Aruba currently.

Guy Montag|12.13.06 @ 11:45PM|#

Ahem, other than Savage, as i don't listen to him, the rest agree with you.

Are you a guest from TNR or The Nation, or are you doing some version of Newspeak that I am not yet aware of?

Sean|12.14.06 @ 12:09AM|#

You have got to be kidding me! Conservatives have always railed against the out-of-control legal system. This is one of many, many cases you could find where we've called attention. Have you ever even listened to right-wing talk radio?

David Ross|12.14.06 @ 11:02AM|#

Vic: "The NY Times is culpable in this??? I love it when people blame the media, it shows a real lack of understanding of how the world works."

"Love it" as much as you like, Vic. But once you've cleaned yourself up, the fact remains that this DA was running in a primary, and then in a general election. Another fact remains that the NYT covered the case to agree with the prejudices of the Durham electorate; which enabled the local Herald-Sun to play its role in ushering the DA's constituency through those polls.

You're right on one point. Your reaction indeed "shows a real lack of understanding of how the world works".

|12.15.06 @ 5:07PM|#

"""The New York Times was culpable because the story was not nationally newsworthy in the first place."""

The team was expected to be the national champions, therefore national news. Even if I throw that argument out the window, EVERY newspaper, and pretty much all media outlets present news that its "national value" is questionable. Do you hold all media to that "national news" rule or just the NYT?


Dave, I did not read any article in the NYT that said they are guilty. Just by printing what the procecutor says is not equal to agreeing with him, it's reporting. If you read what the procecutor says and agree that they are guilty, that's on you, not the newspaper. Besides more than the just the NYT has reported on the story. Is all media culpable?

I can't say with certainty that it was a political move on the DA's part, but I strongly agree is it probable, however I must point out that this investigation looked pretty ugly before election day. If I lived there, I would have voted against him.

BTW, I don't "love" the NYT like you assumed I do. I'm guessing you think people either love or hate the NYT, The good ole us vs. them mentality. Since I'm willing to defend it you assumed I "loved it" which is false.

I defend the NYT because they get a bad rap by half-wits that are looking for partisan fights. They are no better and no worse than any other newspaper. If the NYT is so liberal why did one of it's reporters (Miller) spend a few months in jail to protect it's Bush administration's source (Libby) when that reporter was reporting the Bush version of Iraq intel prior to the war?

The NYT ran a story about Bush's domestic spying program but we didn't know it was true until Bush admits it to the world on national TV. Yet people blamed the times as if they are God's creation for the truth. I didn't hear one bad word about Bush for CONFIRMING a classified program. Bush should have kept his mouth shut and we would have never known if the story was true. What I find funny is that the people complaining the most about that story are the ones that say the NYT is a paper full of lies, and deceit, but they were sooooo willing to believe that story was true to the point they were yelling treason.

Too many people want to only read a headline and pretend they know the content of the article and then blame the newspaper for something that wasn't said or supported. I'm talking in general here, not just the NYT.

The liberal media line is full of crap anyway. It's a myth created by people looking to discredit the other side. You have these people that run around say the media is liberal dominated which is contra to the ratings. Bill O'reilly is #1 and Fox News has the most personalities in the top 10. Fox is owned by Murdoch who is one of the top media owners, he also owns the NY Post, which is a tabloidish newspaper that often mimicks the political stances of Fox News. If you look at the rating, conservative news is dominate, not liberal. Even CNN which everyone bitches about has Nancy Grace and ... (crap I'm pulling a blank, but he's a blondish haired guy that's real popular. He was present the "real Iraq" story not too long ago.) They are conservative. So CNN is not a fully liberal outlet.

"""You're right on one point. Your reaction indeed "shows a real lack of understanding of how the world works"."""

You can't even get this one right. My point is regarding people who blame the media, which I do not. It had nothing to do with my reaction to anything. Twisting the words of someone else is not an honest assessment.

john|12.18.06 @ 3:55AM|#

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