Justice-Texas Style

What in the world is going on in Texas? Currently ongoing is a custody hearing involving 416 children, who are being housed in a domed coliseum. The hearing is so large, involving hundreds of lawyers, that it is being held not only in the courtroom but over closed circuit in a nearby auditorium as well. The proceedings can only be characterized as a circus, I can not comprehend what the authorities were thinking in proceeding in this fashion, unless of course a media circus was their intent.

So far the only arrests made in connection with this raid were for interfering with the investigation. The whereabouts of the 16-year old, whose allegations of being beaten and raped, are unknown. State authorities have named Dale Barlow as the man suspected of raping the 16 year old girl, he has met with the Texas Rangers but has not been arrested. We are still trying to sort out if it's the correct person or not," said Tela Mange, a spokeswoman for the Texas Department of Public Safety. "Things are not matching up as we expected they would."

First let me state that any violations of Texas law ought to be prosecuted to the full extent and letter of the law. I must admit that I am conflicted on this issue between the need for the state to protect minors and the rights of the parents, however much I disagree with their beliefs.

But seizing 416 children on the words of an anonymous caller who can not be produced by the authorities seems to be a grave omen. I hope, for the sake of our principles, that the authorities have indisputable evidence that has yet to be produced.

A sixteen year old girl married to a 49 year old man is a reprehensible concept to many, however, under Texas law one must be 18 to marry, 16 with the consent of the parents, or if under 16 must have the concurrence of the court. We may disagree with a parent consenting to a 16 year old marrying a 49 year old man, yet from what I can see it is legal under Texas law with the consent of the parents of the minor.

One then must wonder how much 'legal' consent is involved on the part of the 16 year old and how much familial and social pressure could be applied to result in such consent. On the other hand, the sixteen year old could, at least theoretically, consent willingly based upon her beliefs.

What I find suspicious in all the circumstances of this nature is that you seldom hear of a 16 year old boy marrying a 49 year old woman.

Still, we must set aside our prejudices based on our personal belief systems and grant these people the benefit of the doubt. It seems instead we have set aside our belief in the presumption of innocence.

Self-isolated communities always receive our suspicion, warranted or not. Given many of the problems of society today, the desire to withdraw can be understood, but self-isolated communities can be Utopian or nightmarish, depending on the circumstance and the leadership. One need look no further than the Amish and the Peoples Temple (Jim Jones) to see the same contrast in real life.

Undoubtedly most will sympathize with the state, with the children, possibly with the mothers, but not the Fundamental Church of Latter Day Saints. I would venture to guess that in a community of the size we are dealing with there are good people and there are bad, I can not venture to guess the alignment of the institution.

The question that remains is should we be cheering the state? Or outraged?

I for one would err on the side of caution, as would have our founding fathers. Always be suspicious of the powers and actions of the state, defend your liberties most vehemently.

Remember the presumption of innocence is a founding principle of our legal system. The case presented by the authorities in the court of public opinion should always be suspect, as should the case presented by the media, everything and everyone is biased, even me. If you believe otherwise you are either naive or a fool, and I have a lovely piece of property with a view of NYC, Brooklyn, and the river to sell you.

I am always suspicious of big brother, or perhaps a more apt description is Momma government. The analogy of Uncle Sam to the United States is a good one, for government should always be the kindly uncle... it should never assume the role of parent.

~Finntann~