Should vigilantism be permitted when the criminal justice system fails? Explain why. Under what circumstances might you violate the law to enforce the law? Vigilantism is an action that happens when an individual violates a law in order to punish another individual for committing a crime in which they believe will not happen if handled by the legal system. Justice was designed to help prove repeatedly that individuals are safe and will remain safe within their society before, during, and after a crime has been committed.
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The act of vigilantism does not come with the protections of the criminal justice systems due process rights. Vigilantism also has no protection against cruel or unusual punishment and has no reason for accountability for the individual’s actions. This radical idea of taking law into ones own hands can escalate into a very dangerous situation. Vigilantism can cause lawlessness or worse anarchy without a set of rules to abide by. Early government had an idea to protect against this type of action by adding an amendment to the constitution of the United State.
The Fifth Amendment states “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land of naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation” (FindLaw, 2011).
There is only one reason that in my opinion could possibly convince me to committing vigilantism. If a family member was in danger for the same reason by an individual or group in which their life were in danger and the criminal justice system was not doing the job. Whether it was a misdemeanor or a felony the outcome would be to so whatever it takes to keep my family safe.
But this type of action would be a last resort ditch effort to save the family member. Although, the outcome could possibly lead to jail, prison or worse death, for myself as long as the family member was safe then the means out ways the punishment. Reference: FindLaw. (2011). U. S. Constitution: Fifth Amendment. Retrieved November 5, 2011 from http://www. caselaw. lp. findlaw. com/data/constitution/amendment05/
