Imagine that you are accused of a crime. The authorities tell you that you have been accused but they also tell you that they won't give you the details of what you are supposed to have done. You also can't have a lawyer to help defend yourself. You can't see the evidence against you. And lastly, you can't cross examine the chief witness who says that you committed the crime. Does that sound fair?
Let me put it this way. If any state (red or blue) adopted these rules for criminal trials, the Supreme court would strike the rules down and free anyone who was dealt with in this manner. The right to counsel, to see the evidence against you, and to cross examine the witnesses are guaranteed by the Constitution. It's just that simple.
Now assume that you are a student at a public university. One of your fellow students accuses you of rape or inappropriate sexual assault. And assume further that the university holds an internal hearing to determine whether or not to expel you. In an effort not to upset the woman who is accusing you of rape, the university says that you cannot have a lawyer, cannot see the evidence, cannot question the woman who is accusing you and can't even address the tribunal considering your case. These are not imaginary limitations; there actually are public universities that operate under these criteria. Is it still unconstitutional? Of course it is. It doesn't matter whether the punishment is to go to prison or to have your life ruined by being expelled from college and permanently marked as a sex offender, the accused's rights to counsel and all the rest are the same.
This past week Secretary of Education Betsy DeVos reinstated the federal rule that requires colleges that get federal funds to follow the constitution in these situations. The outcry in response was amazing. DeVos was labeled a fascist for requiring rights granted by the Constitution to students accused of sexual (and other) misconduct. The usual suspects on the left/media side came forward screaming at the top of their lungs that Devos was a horrible person who seeks to destroy poor innocent female victims of men.
The whole thing is a travesty.
Let me put it this way. If any state (red or blue) adopted these rules for criminal trials, the Supreme court would strike the rules down and free anyone who was dealt with in this manner. The right to counsel, to see the evidence against you, and to cross examine the witnesses are guaranteed by the Constitution. It's just that simple.
Now assume that you are a student at a public university. One of your fellow students accuses you of rape or inappropriate sexual assault. And assume further that the university holds an internal hearing to determine whether or not to expel you. In an effort not to upset the woman who is accusing you of rape, the university says that you cannot have a lawyer, cannot see the evidence, cannot question the woman who is accusing you and can't even address the tribunal considering your case. These are not imaginary limitations; there actually are public universities that operate under these criteria. Is it still unconstitutional? Of course it is. It doesn't matter whether the punishment is to go to prison or to have your life ruined by being expelled from college and permanently marked as a sex offender, the accused's rights to counsel and all the rest are the same.
This past week Secretary of Education Betsy DeVos reinstated the federal rule that requires colleges that get federal funds to follow the constitution in these situations. The outcry in response was amazing. DeVos was labeled a fascist for requiring rights granted by the Constitution to students accused of sexual (and other) misconduct. The usual suspects on the left/media side came forward screaming at the top of their lungs that Devos was a horrible person who seeks to destroy poor innocent female victims of men.
The whole thing is a travesty.
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