27 May 2003




Further commentary on the Malvo catch-22:
"Malvo's prosecutors are wrong to take the argument as lightly as they have."

"In this sense, the defense is correct when it says that there is an enormous class of "victims" of the sniper spree, even if those victims weren't actually shot. But prosecutors are correct when they say that this designation "raises the notion of 'victimhood' to a totally new dimension, a dimension where one is a victim whether he or she knows it or not. It is a proposed dimension that is insulting to those who are actual victims." So if we recognize that there is a unique class of people out there, but if we cannot fairly call them "victims," what do we call them and how should we treat them? How about if we call them too personally involved in the sniper shootings to fairly judge Malvo? And how about if we preclude them from entering the jury box in his case?"


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