Vigilantism

• Author: Jeffrey Lehman, Shirelle Phelps

Page 230

Taking the law into one's own hands and attempting to effect justice according to one's own understanding of right and wrong; action taken by a voluntary association of persons who organize themselves for the purpose of protecting a common interest, such as liberty, property, or personal security; action taken by an individual or group to protest existing law; action taken by an individual or group to enforce a higher law than that enacted by society's designated lawmaking institutions; private enforcement of legal norms in the absence of an established, reliable, and effective law enforcement body.

The foundation of the American legal system rests on the RULE OF LAW, a concept embodied in the notion that the United States is a nation of laws and not of men. Under the rule of law, laws are thought to exist independent of, and separate from, human will. Even when the human element factors into legal decision making, the decision maker is expected to be constrained by the law in making his or her decision. In other words, police officers, judges, and juries should act according to the law and not according to their personal preferences or private agendas.

State and federal governments are given what amounts to a MONOPOLY over the use of force and violence to implement the law. 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, 1773, 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 342 chests of tea into Boston Harbor.

During the 1830s, so-called "vigilance committees" formed in the South to protect the institution of SLAVERY...