Although being a vigilante is not technically illegal, nearly every aspect of vigilantism is. Another aspect to consider is the social definition of a vigilante versus the actual definition.
Batman is technically a vigilante, as are most superheroes you read about in the comic books. The punishment for vigilantism greatly depends on the actual act. For example, if a person believes that a suspected murderer is not being punished appropriately, and they take matters into their own hands and murder the murderer, the vigilante would be charged with murder themselves.
It is almost a certainty that the state will prosecute the vigilante. Although the vigilante may have had good intentions, and although their actions may have lead to the apprehension of a much more serious criminal , the fact remains that the vigilante broke the law and must face the consequences. There are, of course, some exceptions that could mitigate the outcome of the punishment. The circumstances of the situation will come into play if the jury, or even the judge, are sympathetic to the cause.
Another aspect is public outcry. If the public is protesting that the vigilante was justified in their actions, and should not receive punishment to the fullest extent of the law, a prosecutor might be pushed into agreeing to a plea bargain , rather than having a public trial. This may also result in a lesser sentence.
There is a very thin line between serving the public, and breaking the law. Regardless of your intention, vigilantism is illegal. Further, it is generally understood that acts of vigilantism are committed in the name of revenge. Revenge means that the act was aggravated, and is therefore considered to be a worse offense than committing the act for no reason. Thus, as previously mentioned, although vigilantism itself is not illegal, nearly everything related to being a vigilante is.
If you are in a situation in which you have retaliated, and taken matters of the law into your own hands, you will need to contact a knowledgeable and well-qualified criminal defense attorney immediately.
An experienced attorney will help you understand your options, discuss potential legal consequences, and represent you in court. In addition, they may be able to argue a lesser sentence for you by presenting the court with facts that would make them more sympathetic to the circumstances of your case.
Travis Peeler. Travis earned his J. Travis has written about numerous legal topics ranging from articles tracking every Supreme Court decision in Texas to the law of virtual reality. In other words, police officers, judges, and juries should act according to the law and not according to their personal preferences or private agendas.
Private citizens may use force and violence to defend their lives and their property, and in some instances the lives and property of others, but they must do so under the specific circumstances allowed by the law if they wish to avoid being prosecuted for a crime themselves. Private individuals may also make "citizen arrests," but the circumstances in which the law authorizes them to do so are very narrow.
Citizens are often limited to making arrests for felonies committed in their presence. By taking law into their own hands, vigilantes flout the rule of law, effectively becoming lawmaker, police officer, judge, jury, and appellate court for the cause they are pursuing.
The history of vigilantism in the United States is as old as the country itself. In many ways, the history of the United States began with vigilantism. On December 16, , American colonists, tired of British direct taxation, took part in what came to be known as the Boston Tea Party.
As part of the resistance, they threw chests of tea into Boston Harbor. Vigilantism continues to metamorphose. Private watch groups patrol their neighborhoods to guard against criminal activity. Environmental activists inflict economic losses on companies by obstructing lawful business activities that they think will cause harm to the air, water, or land.
What is needed is a re-examination of all of the doctrines of disillusionment, with an eye toward reformulating them to promote the interests they protect in ways that avoid gross failures of justice. Criminal law, moral credibility, crime control, justification defenses, failures of justice, unchecked punishment discretion, exclusionary rule, double jeopardy, entrapment, shadow vigilante, neighborhood watch, police perjury, overcharging, disproportionate penalties, mandatory minimum sentencing.
Robinson, Paul H. Faculty Scholarship at Penn Law. Advanced Search. Privacy Copyright. Authors Paul H.
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