Of recent news in Philadelphia is the story of a brutal child rape earlier this week, followed by the primary “person of interest” being captured by local residents. The group of locals who caught said person of interest were rather violent in their apprehension, and this individual ended up hospitalized with some injuries as a result. Words are being tossed around in the media like “citizen’s arrest,” “vigilantes,” and “street justice.” I wish they wouldn’t use such terms as it clouds objectivity.
The mayor has issued a finely worded statement about how violence is not to be condoned and let the police determine what is the right course of action in dealing with the group of captors. The police commissioner has subsequently stated that they cannot condone violence and this group probably acted more forcefully than a trained police officer would, but ultimately there were to be no charges filed.
On the radio this morning, there was some banter among the DJ’s who were virtually ecstatic that there would be no charges filed against the citizens, and that these guys are heroes given how heinous the crime (child rape) was.
I disagree.
First off, the man has rights. As far as I know, no warrant was issued for the guy’s arrest. I don’t even think they had labeled him a “suspect” yet. In other words, regardless of whether or not he actually committed the crime, he is innocent until proven guilty. Just because someone is wanted for questioning does not mean he is guilty, and he has the same rights of being secure in his person, house, papers, and effects against unreasonable searches and seisures. I’m not sure if there’s a legal difference, but I think there would be a theoretical difference if the guy were an escaped convict who had been eluding authorities for days.
Second, the concept of citizen’s arrest does not give the general public the authority to round up anyone who may have a warrant out for their arrest, or who may be suspected of a crime. A citizen’s arrest may only be effected if the private citizen witnesses the arrestee in the commission of a felony. (Not even a misdemeanor or summary offence.) No citizen gets to hunt down people and haul them in just because the police are looking for them. Even when alerts are issued, people are told to call 911 if they come across such a person to let law enforcement handle it. Perhaps there are exceptions if one is appropriately deputized by a legitimate law enforcement officer, but that certainly didn’t seem to apply here.
Third, the use of force did not seem justifiable. One might be able to excuse the over-exuberrence of the neighbors in catching and holding the guy even if they had no legal authority to do so, but there is no excuse for beating the daylights out of him. If it were a one-on-one contest and both sustained injuries, one could argue self-defence, but we’re talking what seemed to be a mob here.
Yes, it was noble of them to try and aid the police in bringing this man in for questioning. No, it was not proper for them to form their own mob in an attempt to subdue him and hold him. I think the group acted strongly out of emotion. This guy might have been the one that brutalized a little girl. If so, he deserves to pay for his crimes. But not before he is given the same rights to due process as the rest of us. And not at the hands of a group of neighborhood folks.
They don’t deserve the title “hero.” I don’t think they necessarily deserve to be locked up either. But a stern warning to them, and to the population at large, that this is unacceptable behavior, even if with the best of intentions, does not seem inappropriate. Maybe even charging them with assault, and then offering a suspended sentence after they strike a plea deal. Otherwise, you’re sending a message that we’re going to look the other way when people take the law into their own hands.
And that could lead to some scary consequences. I’m sure andy number of African Americans who grew up in Mississippi or some other southern state during the first half of the 20th century would be able to explain far better than me what the results could be.
