Guilty Because Charged (THEODORE DALRYMPLE|, 1/22/15, Liberty & Law)

Even the most thoroughgoing of penological liberals, I have noticed, has a category of crime – a favourite of sorts, I suppose – that he thinks ought to be severely punished. However much he may deny that punishment is justified, morally or practically, for other crimes, the crime he has selected as being of special heinousness deserves only the most condign punishment. All other crimes may in his opinion merit, and be susceptible only to, explanation and understanding, but this crime must, for moral reasons, be treated with exemplary harshness.

At present in Britain the crime selected by penological liberals for special severity is rape. While they are perfectly happy for other criminals to be treated with leniency, and are fierce in their support for every conceivable protection for the accused, they find the sentences given to rapists to be totally, even ludicrously, inadequate, and sometimes argue for a different standard of proof to secure conviction of the accused. The presumption of innocence ought in this case be abandoned or at least diluted; and because in this crime there can be no smoke without fire, they are distressed that so many cases end in acquittal.

This vengefulness, so ill-assorted with the rest of the penological liberal’s outlook, was succinctly expressed in an article in the normally liberal British newspaper, the Guardian, in a recent article about the case of Ched Evans. [...]

After his release on parole from prison, Evans tried to resume his lucrative professional footballing career. The football club for which he had played at the time of his conviction, Sheffield United, initially took him back, but public reaction was so negative that it soon reversed its decision. Another club, Oldham Athletic, agreed to take him on, but again reaction was negative and some members of the public sent menacing messages, including threats (here one can only admire the fineness of the logic) to rape the wives of some of the staff if he were employed.

Penological liberals would probably be outraged if, for example, a released murderer were refused access to the airwaves or permission to publish a book on the grounds that he was a murderer. But most of them would be equally outraged if a convicted rapist were permitted to resume playing football. Rape is thus a more serious offence than murder, or football a more important activity than broadcasting or writing.

However, it was the last paragraph of the article in the Guardian that struck me as deeply sinister. It read in part: Whether or not [his appeal] is successful, Ched Evans has a great deal more to do before he can find acceptance again as a professional footballer…

In other words, he is guilty even if he is found innocent. So the penological liberal adopts the great principle of totalitarian jurisprudence: guilty because charged.

Why even let prisoners out after their sentence if no one can employ them?