Duke Lacrosse Scandal

Earlier today the strengths and the failings of the justice system were put on view with the Duke case announcement. Justice finally prevailed and the charges against the three young men were not only dismissed but the State Attorney General took the rare step of declaring that the young men were innocent (rather than saying that “there was insufficient evidence”). He went on to say that they should never have been charged in the first place.

Nifong’s actions broadcast the loud and clear what happens when a man puts his own selfish political agenda ahead of justice. His office carefully selected data, dismissed and hid a host of information that contradicted his theory, bullied and charged a cab driver who was transporting two of the men at the time of the alleged rape in an effort to get the cab driver to change is story (in other words gross witness tampering), pressure Duke University to dismiss the students before a trial while at the same time trashing the reputation of the three men and the other men of the team before the press and community.

Nifong’s shameful and despicable actions have not only speaks to his own character, but they have tarnished the legal system. It reveals that innocent people are prosecuted because of poor police work, rush to judgment and for the self gain of the prosecutor. His actions makes us wonder how many innocent people who lack the means that were available to these three men are this very moment in prisons. One of Nifong’s lasting legacy will be a series of laws that are forthcoming to help prevent prosecutorial misconduct and will forever be have his name attached to why the laws came into existence. For years to come this case, Nifong’s name and conduct will be studied in the classrooms across the country. Another lasting legacy is that he will be viewed in legal history as an unsavory character.

The reactions of various local community leaders, newspapers, TV and radio outlets, talk show and news commentators who judged and then condemned these men within weeks of the men being charged is particularly alarming. They fueled undue community conflict. These same bastions of free speech who speak of upholding the Constitution have demonstrated that they are convenient selective in their upholding of the Constitution by setting aside the presumption of innocence. Even last month a local NC newspaper still proclaimed their guilt. Instead of presuming innocence, these leaders and commentators took the posture that the three men were guilty and needed to prove conclusively that they were innocent.

Duke University which postures itself as a bastion of academic freedom and balanced investigation, a defender of personal freedom and defender truth and the demander of justice showed that the theory of classroom is to lived out in their own institution. Duke University’s leadership assumed that the three men were guilty and expelled them from their institution. At the end of the day the leadership of Duke has brought shame upon themselves and their institution.

What is frightening is what would have happened to three young men who lacked the fiscal resources of the three families. My own answer to that sends a shiver through me.