In keeping with my theme of the Justice System this week I thought that I would write about the strange case of "DSK"—Dominique Strauss-Kahn .
Strauss-Kahn had everything going for him. He was head of a very important international agency—the IMF (International Monetary Fund). He is married to a very wealthy woman. He was the odds-on favorite to be the Socialist Party candidate for president of France next year. Yet here is what happened to him:
But there was also outrage about the photos of Mr. Strauss-Kahn cuffed in custody. While the so-called “perp walk” (“perp” is short for “perpetrator”) is a New York police tradition, allowing the press to get photographs of a suspect, it is not a tradition in France. In fact, it is against the law. A 2000 French law tries to reinforce the principle of the presumption of innocence by criminalizing the publication of photos of an identifiable person in handcuffs who has not yet been convicted.
The former French justice minister whose name is on the law, Élisabeth Guigou, said she found the photos of Mr. Strauss-Kahn in cuffs indicative of “a brutality, a violence, of an incredible cruelty, and I’m happy that we don’t have the same judiciary system.”
Wikipedia describes a Perp Walk this way:
A perp walk, or walking the perp, is a common custom of American law enforcement, the practice of taking an arrested suspect through a public place at some point after the arrest, creating an opportunity for the media to take photographs and video of the event. The defendant is typically handcuffed or otherwise restrained, and is sometimes dressed in prison garb. Within the United States the perp walk is most closely associated with New York City. Originally only those accused of violent street crimes were subjected to it, but since Rudolph Giuliani had accused white-collar criminals perp-walked in the 1980s it has been extended to almost every defendant.
It is the way that the media and the prosecutors tell us who is guilty. As Mayor Bloomberg once said “If you don’t want to do the perp walk, don’t do the crime.”
This sets on its head the traditional presumption of innocence for accused people. The perp walk is designed to corrupt and influence the jury pool to make conviction more likely. What matters to our adversarial legal system is not the truth, but winning at all costs. The truth is an early casualty of many trials. Another way you can tell who is guilty is if the media uses the person's middle name. If they do, then they must be guilty!
I do not want to understate the seriousness of the crime on which Strauss-Kahn is accused—rape; but the presumption of guilt is what I am discussing. “He is rich, white, and French—he must be guilty.” The Australian online newspaper had an interesting take on the case:
In their eyes, Dominique Strauss-Kahn had become the grotesque symbol of all that was rotten in the state of patriarchy (and especially in "sexist" France) and therefore not worthy of the minimum presumption of innocence before proved guilty. Willing accomplices to his crime, French women in their entirety were also put in the dock. Who could forget Katha Pollitt in US left-wing bible The Nation scorning "pathetic" French women "rising in defence of their right to be pawed by their bosses" and dismissing French feminism as a "small and conflicted" movement that effectively condones sexual predators. DSK's wife, Anne Sinclair, was a special target of the woman-hating feminist brigade.
Of course you can be a feminist and not go along with this. I was alerted to this link by Wendy McElroy, a feminist.
Putin and Sarkozy thanks to PhotoshopConspiracy theorists had a field day! Since Vladimir Putin and Sarkozy get along well, immediately it was assumed that Putin had arranged to eliminate a potential rival of Sarkozy from next year's French presidential election. I am amazed by the supposed power of Putin. He is the key figure in a number of supposed conspiracies. In my view Strauss did not help his case by advancing this theory:
Strauss – Kahn announced to his friends that Russia is behind the occurred events, reports Ohtuleht. This was done by the Prime Minister Putin! He is a good friend of Sarkozy and put me behind the bars, forcing me to resign from the IMF, in order to strengthen this friendship, Strauss – Kahn declared.
This seems unlikely. If he is innocent of rape, it is far more likely that a women saw an opportunity to get some money and seized it. With the various inconsistencies in her story, the fact she spoke French and would have more likely to have known who Strauss was, and the mystery of the large cash deposits made to her account by her alleged drug dealing boyfriend make her an unreliable witness. Was she raped? Did she set up Strauss? We do not know. I found it difficult from the beginning to think that a man like Strauss would be so stupid. Then an allegation surfaced that there was an earlier incident years ago and I began to wonder.
An unreliable witness can be raped. Did the arrogance of power make Strauss think he was immune and that the laws only applied to ordinary people? It seems likely that the case will be dropped and Strauss might even still run for President of France. Such accusations did not prevent Bill Clinton from success in politics.
Click here for the latest on the case.