Vigilantism? Remember the Pale Rider: “There’s nothing like a nice piece of hickory…..”
Self-Help, Anyone?A reader set me straight the other day. He read me his little Riot Act……his recipe for our redemption:
“We need more Vigilantes, dammit!”
Every guy who’s got a sack of gonads between his haunches remembers Clint Eastwood’s character in Pale Rider beating the tar out of six goons with an axe handle and whimsically remarking: “….There’s nothing like a nice piece of hickory”.
Vigilantism is legal in the United States – unless the vigilante breaks one of about a million laws. Kinda’ like eating the insides of an egg without breaking or opening the shell. That’s the criminal law rule. Of course, if the vigilante can somehow avoid breaking one of the incalculable number of criminal laws we’re subject to – then there’s civil liability for money damages. The “poor victim” has the right to be financially “made whole” in most american jurisdictions. They must receive “fair compensation” for their injuries, mental and physical. It’s a racket. “Taking the law into your own hands” is for chumps.
Don’t minimize that song in your head (if you’ve got any common sense): Lawyers, Guns and Money……….
Where does all this Vigilante stuff come from?
Vigilante in Italian means “sentinel”. New Jersey case law defines Vigilantism as an “extralegal prevention, investigation or punishment of offenses”. Wikipedia and a broad web-based search of the topic yields three component elements of Vigilantism.
One: An “extralegal” act. Extralegal means an act done outside the law – not always in violation of the law. Outside the law means exactly that – an act done by a citizen (or person) who is not employed or otherwise empowered by the sovereign government to discharge that particular function or task. Example: A citizen says “If you government guys don’t clean out those storm drains in that public street that’s causing water to back up into my basement, I’m going to!” Or: “If you don’t find that lowlife who attacked my wife in the public parking garage yesterday, I will!”
Two: An “affirmative effort” in furtherance of the act. Vigilantism requires affirmative efforts by someone in furtherance of their plan. The ultimate effort is achieving a result, such as: preventing an infraction by someone, investigating some alleged event or infraction or punishing in some way a party believed to be culpable. Printing a letter in a local newspaper or sending an angry email to someone does not rise to the level of activity that is a predicate element of Vigilantism.
Three: An “offence” or violation of an accepted societal norm – such as a criminal statute or moral presciption that impacts the community at large.
Certain elements of vigilantism are common throughout american jurisprudence on the topic.
– Vigilantism is generally premeditated;
– Vigilantism involves private actors;
– Vigilantism is a function of mankind’s “social nature” and desire for order. It is a critical part of mankind’s “Social Compact” that we share among those of our kind;
– Vigilantism may involve force or the threat of force;
– Vigilantism involves a reaction by people who perceive that their social norms have been violated or threatened to be violated;
– Vigilantism’s goal is to address and enforce societal norms required for safety, order and security;
– Vigilantism addresses the eradication of crime and re-establishment of order in the context of a government that has failed to act.
The most enduring and iconic – actually, immortal – example of Vigilantism is Robin Hood. Everybody knows the tale of Robin of Locksley in England who is unfairly victimized by the evil Prince John. Prince John also ruthlessly abuses the good people of the realm. Rapacious taxes, cruel punishments, criminal confiscations of property – you name it. King John maltreats everyone – even the church. Robin of Locksley (“of the Hood”) fights this injustice valiantly with a band of forest-dwelling miscreants who know their way around a bow and sword. The plight of England is ultimately relieved by “Good King Richard” who returns home from the Crusades and is appalled by the conditions he finds. He vanquishes his brother, Price John, to France. Robin of Locksley is rewarded, the people are made whole and all live happily ever after. Legend has it that Robin of Locksley is a free man – or “Yoeman” – with no offical authority to perform any law enforcement function. He is the quintessential vigilante.
Italy has a rich history of vigilantism. In France, Sicily, Sardinia and Venice there’s a plethora of legendary heroes who bravely stand against evil and tyranny. They are common men who define and exemplify a particular character that – in the United States – gradually evolves into our archetypal cowboy. High Plains Drifter and Pale Rider wouldn’t have been possible without Robin Hood and the French and Italian “Men of Honor” who drew the map. America idolizes this downtrodden commoner who rises up and bloodies the king’s nose. Life imitates this art form.
The vigilante is romantic. He’s a self-starter and self-assured man of action. He’s who we most admire – but fear. We fear our own weaknesses. We question our ability to make things right. To put our lives on the line for a greater purpose. It’s that gnawing pain in everyman’s gut: Am I good enough?
In the ninteeth century people’s appetite for Vigilantism as an acceptable societal remedy began to wane. In Europe strict criminal codes outlawing “self-help” gradually appeared. Community “remediation” groups that were all the rage in the USA were also banned by states concerned about their Wild West reputations and the negative press they were getting.
Vigilantism is not to be confused with the Doctrine of Posse Comitatus. At Common Law (English Jurisprudence) Posse Comitatus (or, in the vernacular, “Posse”) is a group of people that are mobilized under the aegis of a duly appointed law enforcement officer to suppress lawlessness, defend a community or otherwise protect the public welfare. Usually, an official – such as a Sheriff or Judicial Officer – will “convene” (ie. swear-in) a Posse to address a public hazard.
When a Posse is convened by a Sheriff or other official, it is seen in the USA as a righteous vindicator of human norms and values. It is a community effort designed to remedy a social ill and/or neutralize a threat. BUT when people bind together to help themselves address a threat without the imprimatur or blessing of a government official – they are a MOB.
Over the years, Vigilantism has become strangely synonymous with Mob action.
These days vigilante is a dirty word. It is not expressed by authorities or news anchors as much as it is spat out. Vigilantism today is shunned. In fact – if it’s discussed at all – it’s presented in a way that subliminally implies illegality.
What???? Common folk assuming the roles of official peace officers???? Unwashed riff-raff taking the law into their own hands???
Society’s mores and laws are our property. We The People decide what is legal and what is not. If We the People decide that community members should individually respond to crimes in their midst, how is that dirty? Other than being a tad inconvenient and embarrassing for the police officers that should be responding to crimes but aren’t…….it isn’t dirty at all. In fact, it’s rather refreshing. A bit of that ole’ Spirit of 1776 that can move mountains – and defeat Empires.
Vigilantism is a response to a failure of law enforcement, pure and simple. It’s a community’s cry for help.
To Recap
An act by a vigilante is legal provided no criminal laws are violated in the process. It’s what Portia told Shylock in Shakespeare’s Merchant of Venice: “Want your pound of flesh? Go ahead – cut it off the man. But if you shed one drop of blood, you will be condemned under the law.” It’s a damned if you do, and damned if you don’t thing.
Let’s walk through an example, shall we?
You’re a vigilante. Some guy is being beat up near his wagon by a bunch of toughs. You borrow an axe handle from the general store and beat the snot out of the attackers.
NO!!! BAD VIGILANTE!!!! You violated the law (committed assault and battery with a dangerous weapon). You’re now a criminal. You will be prosecuted. You will be sentenced to jail.
What if you yell at the toughs – STOP!!!! What if you send them an angry text or email? Well, then – it all depends on the language you select. Is it “Hate Speech”? “Terroristic Threats”? “Language Calculated to Put Another in Fear?”
Words nowadays have power. How stern can your communication be before it crosses the line – becomes criminal assault (yes, you can assault someone with mere words). If the timbre or volume of a vigilante’s words are sufficient to put the recipient in fear, the cops can remove him. Possibly even arrest him. If the person being addressed by a vigilante subjectively construes said vigilante’s language as “hateful” or “likely to result in a physical altercation” – the police can get involved. If there is a uninvited physical touching by the vigilante of any part of the other person, a “battery” has occurred. Criminal charges can be filed against the vigilante. It’s all a hot mess.
Then there’s the civil liability issues. Jury verdicts against you, the vigilante, compensating the victim for “Damages to his/her Reputation”, Civil Assault, Intentional Infliction of Mental Distress…….and you don’t have the money to defend these lawsuits let alone pay the Judgments. You’re being ground into dust.
Like Quigley said Down Under: “This ain’t Dodge City and you ain’t Bill Hickock.”
If you’re charged with taking the law into your own hands and are hanging your hopes on a successful Vigilantism defense – forget it. It’s as worthless as nipples on a doorknob. The laws governing Vigilantism today are asinine. Bring your toothbrush – you’re going to jail.
Conclusion
The age of Vigilantism is finished. It’s a curious relic of bygone years. What can be done? We know what can’t be done – you can’t parade down Main Street with all your buddies wearing Proud Boys T-shirts and hoisting tiki torches. You can’t protect your friend’s business and, when you’re attacked by a BLM Mob – a Mob that police conveniently refuse to disburse or defuse – use your AR15 against rioters discharging handguns in your direction. You don’t want to be a “Rittenhaus Hero”.
Forget all this Vigilante bullshit. Learn from the Masters. Read Saul Alinsky’s book, Rules for Radicals.
One Hypothetical Solution? Become Antifa. Become the Gray Man.
Nightime fun and games only. Face masks and Balaclavas. Bottles of frozen water in each pocket taken from strategically pre-positioned caches. Dark hoodies. Gloves. Avoid direct light. Avoid traffic cams and CCTV mounts. Lurk in shadows. Appear spontaneously – then immediately disburse. Melt back into the night and alleyways. Don’t talk to your mates – just scream unintelligible obscenities. Move in an undulating mass of chaos. Frustrate all voice and facial recognition software. Change clothes immediately after each event and dispose of the used duds. Never learn the names of your comrades or anything about them. Use only coded or encrypted social media signals to communicate – and always on burner phones that you can destroy afterwards. Never use your private smart phone – always leave it at an alibi location where GPS can verify that you remained all evening. Did you go out that night? Sure – I went out, bought some beer and came home. Were you with friends? I don’t have any friends. Girls? I don’t like girls. I watch porn. It’s more fun.
When was the last time you saw an Antifa thug prosecuted for cracking somebody’s skull with a rock-hard bottle of frozen water? Never. The world has changed. The revised “Rules” are right in front of our faces. “Rittenhaus” heroism is overrated. In this new world order, Antifa tactics are the answer. Hypothetically speaking, of course.
I’m not advising you to break any laws. I’m just saying, become The Gray Man.
Never forget the Pale Rider’s wisdom: “There’s nothing like a nice piece of Hickory….”
Don’t like Hickory? How about some nice cold water? I just happen to have some bottles…….
