For that reason, the law is only worth the paper it’s written on if some of the critics’ fears come true. Critics worry that colleges will fill with cases in which campus boards convict young men (and, occasionally, young women) of sexual assault for genuinely ambiguous situations. Sadly, that’s necessary for the law’s success. It’s those cases—particularly the ones that feel genuinely unclear and maybe even unfair, the ones that become lore in frats and cautionary tales that fathers e-mail to their sons—that will convince men that they better Be Pretty Damn Sure.
Good God, I have had many differences with liberals on a variety of issues but I have always made common cause with them on civil rights and criminal justice issues. I can't believe he wrote this. What is the difference from what Klein writes and and having a 1960's southern sheriff argue that it is OK to hang a few black men because it has the benefit of making the rest of the African-American population more docile? Last week I asked:
It is the exact same kind of rules of criminal procedure that Dirty Harry and Paul Kersey would have applauded. Unacknowledged is the inevitable growth of Type I errors (punishing the innocent) that are sure to result. Do the proponents not understand this tradeoff? Or, just like the archetypal southern sheriff believed vis a vis blacks, do women's groups assume that the convicted male "must be guilty of something".
I guess we have our answer.