Vigilantism, Essay Example

According to The Free Online Dictionary, vigilantism is when a person or people take the law into their own hands and try to execute justice based on their own understanding of what is wrong or right. It may also refer to action taken willingly by a group of persons who come together with the objective of safeguarding a common interest such as freedom or possessions. Vigilantism has also been defined, in the same source, to include action that is taken by a group of people or even an individual to object to an existing law or to execute a law other that has been made by the society’ s legitimate law making agencies. When legal norms are executed in the absence of the legitimate law enforcement institutions, that also constitutes vigilantism.

Personally, I differ with proponents of vigilantism. There is no action that in no way should justify people to take the law into their own hands and try to punish a wrong that has been committed either by an individual or group of persons. Those who advocate for vigilantism try to justify it by arguing that it can help to diminish the intensity of violence because embracing it would amount to protecting the innocent. I digress. If it were allowed on such a basis it would result in the emergence of other violent groups which might claim that one of their affiliates or some of them were judged unjustly through the use of illegitimate authority. Such would breed more indiscriminate violence.

Many legal systems all over the world are founded on the rule of law. Such laws should apply independent of people’s wills. Therefore, people’s actions should be put in check by the existing laws. Many of vigilante’s judgements are based on their own subjective wills and always tend to ignore the laid down laws. This is one key reason as to why state agencies should strive to effectively suppress vigilantism because it is a violation of the rights of suspects who are supposed to be protected by the same law that vigilantes seek to implement (Hine).

The fact that vigilantism lacks the protection and guidance of a legal system sharpens its uncouth nature. Indeed, Hine argues, there is no state that allows vigilantism in the name of community protection as a basis of defence to prosecution for criminal acts. He notes that legal systems tend to treat vigilantes in the same manner as it treats other citizens. This is especially so because most of the times it involves breaking of the law. Intimidating, harassing and lynching of suspects of crime are therefore illegal in most parts of the world and it is manifestly unethical. Even if the suspect would eventually turn out to be the culprit, the due process of the law should be followed to the letter. Most of the times, vigilantism denies its victims the chance to be heard in their own defence. This amounts to violating a key principle of natural justice that states that no man, whatsoever, should be condemned unheard.

The fact that there are already laws that proscribe vigilantism is enough and settles this issue. Zach states that taking the law into one’s own hands constitutes an action that goes against most of the worlds governments’ interests and would jeopardise the advancement of an already civilised society.

It is my strongest believe that the due process of the law must be followed in meting out justice to whatever case in question. No one should be allowed to take the law into their own hands no matter the circumstance. Therefore, state agencies must put in place measures to end vigilantism.

Works Cited

Hine, Kelly D. Vigilantism Revisited: An Economic Analysis of the Law of Extrajudicial Self-Help or Why Can’t Dick Shoot Henry for Stealing Jane’s Truck? 9^th November 2010 <http://www.wcl.american.edu/journal/lawrev/47/pdf/hine.pdf?rd=1>

“Vigilantism.” The Free Dictionary. 9^th November 2010. <http://legal-dictionary.the freedictionary.com/Vigilantism>

Zach. The Impossibility of Costumed Superhero Vigilantism in the Real World. 10^th Feb. 2009, 9^th November 2010.<http://everything2.com/title/The+impossibility+of+costumed+superhero+vigilantism+in+the+real+world>