Tuesday, August 23, 2011

Not Guilty, With an Explanation

("District Attorney Asks Judge to Drop Strauss-Kahn Case")

Not guilty with an explanation. It is the prosecutor's unsatisfying and disquieting statement of the reality that allows DSK to walk away a free man. In the larger court of public opinion, it is now the prosecution as defendant, charged with permitting a crime to go unpunished and ultimately unchallenged.

It is certainly unsettling, as one can only imagine what the universe is saying about the American system of bungled justice. But the reality is that the prosecution cannot choose the victim any more than it can the perpetrator. It is not for the State to move forward on every case, every allegation of wrongdoing. There is a process and there are decisions to be made along the way. If ultimately, there is a determination that either a crime was not committed, or that the evidence will not support the prospect of conviction, it is the duty of the State not to proceed. Some of these choices are difficult, and some are difficult to swallow. This is one of them.


Anonymous said...

Pun unintended, I assume?


Robert said...

Got it, and it was unintended.