Kenneth Ellman

December 8, 2014, Kenneth Ellman Responds on The Economist article “Sex crimes on campus, Professors as judges”, When Victims and Defendants Have No Rights. Email:ke@kennethellman.com, Box 18, Newton, New Jersey 07860. Copyright 2014, Kenneth Ellman, All Rights Reserved.

It may be that to someone living or working on a college campus or employed by the U.S. Dept. of Education, this entire controversy is understandable. But from my perspective, as someone not currently living or working at University, it appears to be bizarre.

Brutal Heterosexual or Homosexual rape and the seeking of victims to perpetrate various sexual Crimes upon is a reality in our world. There are parts of human behavior and in films and literature, particularly the ever popular Pornography, that accept sexual activity by abuse or crime. It is normal in the sense that it is always present to a certain degree. While the Crime itself must be attacked, destroyed and protected against by our Society, it occurs regularly in various environments to one degree or another all over the world.

The marked and always present character of the crime is the perception by the attacker that the victim cannot or will not defend themselves or seek aid afterwards. This generally is the mark for crimes of violence, that being the opportunity to find a victim. Alcohol or any other substance that weakens the ability of an individual, male or female to protect themselves, is simply increasing the number of potential victims since it impairs function. However anyone who believes that eliminating or reducing alcohol would eliminate sexual crimes is foolish, although it may reduce such crimes in a Campus environment.

As with any Crime the hope is that the Victim or someone acting on behalf of the Victim will report the Crime to the Police. The next hope is that the Criminal Investigation and possible Prosecution will be done competently, carefully and thoroughly, simply because when such work is done the Interests of Justice may be achieved. Other than for training purposes in a Police Academy or Police Science Program why, why should an Educational facility or the U.S. Department of Education be involved in this? They should not. Yes, the University Protection or Law Enforcement Department can implement crime reduction programs on campus and if empowered arrest such Criminals. Certainly by a combination of potential victim education and changes in the structure of the environment, opportunities of criminals to find a victim can be reduced. That would be a proper protective function of the University.

But that is not what this Economist article discusses. The Economist and other news media bring out the bizarre activity of a College Administration performing Grand Jury type activity. Contrary to what some here apparently believe, proper Criminal Investigation of sexual crimes, like other crimes, is able to produce evidence and reveal the truth. This coupled with the Truth Finding Function of the Judiciary and the potential ability of Defense Counsel to find errors and defects in the evidence, is simply the best and only way we have to confront Criminals and obtain Justice. Specialized Law Enforcement Units and Departments such University Police, have the potential to discharge this function in an exemplary manner since they know and are intimately familiar with their Campus and Jurisdiction. But which Law Enforcement Agency conducts the Criminal Investigation is not the issue. Here we have NO Criminal Investigation and the Victim and alleged Perpetrator are left to their own stink. I say wash.

Bizarre, simply Bizarre. A University may expel a student for various reasons and they regularly do so. That implicit power of the Educational Institution is not a Law Enforcement Function. Such discharge from Education has a separate Due Process of Law protection and procedure in Civil Litigation on behalf of the unjustly terminated student. Our duty as human beings is to attack and destroy, through law, those amongst us who would Rape and Sexually Abuse our fellow citizens. Abolish these bizarre adjudicatory activities of the University, and devote your time to implementation of proper protection from, and investigation of, Crime. Build up those specialized or general Law Enforcement Units who can actually do something. December 8, 2014, Kenneth Ellman Responds on The Economist article “Sex crimes on campus, Professors as judges”, When Victims and Defendants Have No Rights. Email:ke@kennethellman.com, Box 18, Newton, New Jersey 07860. Copyright 2014, Kenneth Ellman, All Rights Reserved

My Commentary Can be Found at: The Economist
The Economist article can be found at: The Economist