In short, vigilantism is the practice of taking the law into one’s own hands, or in short, asserting justice based on the ideals, morals, and practices of an individual or group of persons. In practice, vigilantism may be in response to failures of existing law enforcement enforcing existing laws, or as the result of lack of laws governing or prohibiting a certain action or practice. The rule of law in the United States grants certain bodies of government, most notably law enforcement, the ability to enforce laws per the rule of the law, or the exact wording on the implanted laws and statutes, rather than based on personal preference.
Vigilantism in Practice
In certain instances, per the laws and statutes already outlined, private citizens are afforded the right to use violence or other forms of physical intervention to stop a crime from occurring, defend themselves or others, as well as defend personal property. These actions, once again, are regulated by law and not personal preference, at least in theory. Contrary to certain beliefs, there are very rare instances where a private individual may make a citizen’s arrest in a legally viable manner. Typically, vigilantism infers private citizens actively seeking to take the law into their own hands, rather than a private citizen responding to a single instance or threat in a given emergency. In short, vigilantism usurps the powers granted to law enforcement, the judicial system, and lawmakers.
Legal Rights of Vigilante Groups
In short, the only rights afforded vigilante groups are those afforded to private citizens. No vigilante defense exists in criminal courts, in any state or at the federal level, that excuses otherwise criminal conduct on the grounds it was done out of good intention or an attempt to uphold the law. Not only can a vigilante be held liable for criminal conduct, but also, many of today’s vigilante actions incur legal liability in the tort system, as well.
Getting Legal Help with Vigilante Cases
Should a person engage in an act that is vigilante in nature, or otherwise seeks to protect his or her own property, person, or other persons, he or she is afforded legal rights according to the rule of law, or the specific letter of the law, per a court’s interpretation rather than their own personal beliefs or morals. If charged with a crime as the result of vigilante actions, consult with a criminal defense lawyer to learn more about one’s legal rights, as well as how to defend these legal rights in a court of law.
