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Microaggression and Victimization in Denver Criminal Cases

Posted by Terry O'Malley | Sep 25, 2014 | 0 Comments

You may not have heard the term “microaggression” before. I hadn't heard it, but I see the result of it in Adams, Jefferson, and Denver County courts. Today's society is full of victims; people who look for every opportunity to be offended, put-upon, or wronged. This plays out in our criminal justice system on a daily basis. It's why our courts are full. It's why our prisons are full. It's why good people aren't at home with their families. Let's look closer at what I mean, and how my experience as a criminal defense attorney helps to confirm how destructive this way of life really is.

What is Microaggression?

According to one journal, microaggression is:

“Racial microaggressions are brief and commonplace daily verbal, behavioral, and environmental indignities, whether intentional or unintentional, that communicate hostile, derogatory, or negative racial slights and insults to the target person or group. They are not limited to human encounters alone but may also be environmental in nature, as when a person of color is exposed to an office setting that unintentionally assails his or her racial identity…for example, one's racial identity can be minimized or made insignificant through the sheer exclusion of decorations or literature that represents various racial groups. Three forms of microaggressions can be identified: microassault, microninsult, and microinvalidation.”

In the last few months, the definition has grown to include anyone (not just those of a different race) who feels insulted or belittled. In other words – everyone who feels victimized is all up in arms about microaggression. This can be seen plainly on a Tumblr website completely dedicated as an outlet for people to share when they were victimized by microaggression. Here are a couple of posts, allegedly showing real-life examples of microaggression:

“Eating…dinner with my boyfriend, and the waitress looks at me and asks, “how is everything?” She then turns to my boyfriend and asks, “are you ready for the check?” I was paying.”

“I am playing a racing game. The game says “Gentlemen, start your engines.” I am a woman. It made me feel marginalized and annoyed.”

The website is full of posts just like this these – where people are victimizing themselves and then whining about in online. There are legitimate situations of real rudeness, but the website illustrates our cultures' obsession with being hurt. So, how does this play out in Colorado courtrooms?

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Victimization in Colorado Courtrooms

Our culture is obsessed with being victimized. I see it play out every day in Arapahoe, El Paso, and Douglas County courts. Situations that used to be worked out at home are now handled in courtrooms. Our laws mirror this victim attitude. Take Harassment, for example.  A person will be charged with this crime if they, “with intent to harass, annoy, or alarm another person,” strike, shove, use obscene language, follow a person, or initiate conversation with them over the phone or by text message, or taunt, or challenge another person. Look at that language: How is a judge to determine whether or not someone did something “with the intent to annoy” them? Words like “harass,” “annoy,” and “alarm” are vague and show our culture's obsession with allowing people to victimize themselves.

Victim's Advocates are Often Blind to the Evidence

The criminal defense lawyers at our office are faced daily with how much our courts cater to victimization. There is an entire department in our criminal justice system dedicated to helping victims in criminal cases. These victim's advocates are often genuinely trying to help people who have been the victim of a crime, but more often than not, they are blind to the truth. They have bought into the “victim mindset” with which our culture is obsessed. Victim's advocates (VA's) are protected by the law. If an alleged victim makes a statement to a VA which proves one of our clients is innocent, we are unable to subpoena the VA to testify in court. This is harmful to the criminal justice system – the VA's aren't trying to find out the truth. Essentially, they're trying to protect their victim's right to be victimized! This “victim industry” is tolerated by judges and courts throughout Colorado.

In a Microaggression Culture, You Need a Lawyer

You don't want to stand alone in the courtroom

Our criminal justice system is obsessed with the victims in criminal cases. They don't stop to think about whether or not you are the one being victimized. We have defended many innocent clients who were falsely accused by a revengeful person in their life. Ex-girlfriends accuse old boyfriends of Sexual Assault, angry men accuse ex-wives of Child Abuse to gain control in custody battles, men and women who need attention accuse strangers of Unlawful Sexual Contact, and children hurt by abuse accuse the wrong person of Sexual Assault on a Child, because they want to protect the real abuser. We see cases each and every day where the criminal justice system buys into the “victim mindset” and listens only to the side of the alleged victim. That's where we come in as criminal defense attorneys. We have a passion for the true, hidden victims in criminal cases. The best criminal defense lawyers at our office work hard to bring evidence to light which shows the innocence of our clients. Don't stand alone in front of a judge or jury in a culture where the term “microaggression” exists. You need to fight for your future. Getting your case dismissed or an acquittal at trial is our top priority.

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If you or a loved one has been falsely accused of a crime in the Denver area, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O'Malley Law Office for a free consultation at 303-830-0880. If you or a friend needs a jail visit from an attorney, we can do that. Together, we will protect your future.Request a Free Consultation

Images courtesy of marcolm at FreeDigitalPhotos.net

About the Author

Terry O'Malley

Get Help Now! Request a Free Consultation Meet Criminal Defense Attorney Terry O'Malley If you have been charged with a crime, you are probably dealing with strong emotions about your upcoming court appearance. You are struggling with knowing how to choose a trustworthy lawyer to represent you...

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If you or a loved one is facing criminal charges in the Denver area, be smart, exercise your right to remain silent, and contact the best criminal defense lawyers at O’Malley and Sawyer, LLC at 303-830-0880. Together, we can protect your future. Request a Free Consultation

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