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St. Louis Post-Dispatch

Lee Enterprises

Tuesday, April 24, 2007 12:52 AM CDT
Letter: Duke case example of checks and balances

By LEONIDAS MILLER, Mattoon

“On the 18th of April, in seventy-five;

Hardly a man is now alive

Who remembers that famous day and year.”

— Henry Wadsworth Longfellow, “Paul Revere’s Ride”

The above quote helps us to remember a milestone on our road to independence from the British Crown. At one major stopover on that road was the adoption of our Constitution which continues to govern our native land. It was a well-thought-out document with a deep understanding of human nature that only the Judeo-Christian religion provides. Under its guidance and governance a political culture was created which protected both the safety and dignity of the average citizen. To this day we continue to benefit greatly from the political currents it established.

One of its important features is a system of checks and balances. A perfect example of how this system can work was shown by the drama on display in the case of the lacrosse players of Duke University. The local district attorney (D.A.) brought rape charges against the players.

The D.A. made life very difficult for the players. He continued charging them with the crime long after it was clear that they were not guilty. Left unchecked, he could have sent them to prison. However, the D.A. did not remain unchecked in his abuse of power. The North Carolina Attorney General intervened and ended the D.A.’s abuses. The charges against the players were dropped, and the D.A. is justly facing troubles of his own.

What will become of this political culture, this precious treasure, as it comes under attack from enemies both foreign and domestic? With the future, there always comes change and loss. This is one treasure which we should not lose.

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John Futrell wrote on Apr 24, 2007 4:34 AM:

" The AG's actions came much too late and probably wouldn't have come at all had this case not been in the national spotlight. The first check should have come from Judge Stephens or Judge Titus, but all they did was clear a path for Nifong. Had Judge Smith not been appointed to take the case, we probably would nothing of the DNA evidence found to be exculpatory. The Governor spoke first in NY to prevent looking dishonest and then the floodgates were open for political posturing. "

A final check wrote on Apr 24, 2007 8:55 PM:

" Its frightening to think that this DA was allowed to take this case as far as he did. But, there is a final check - a jury made up of ordinary citizens who are (just as the founding fathers believed) the true keepers of the constitution. "