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Conspiracy theory
Freedom
Justice
4 min read

Why free speech might just need a crime of passion defence

Horrific crimes against our humanity tell us we must protect our freedoms, not constrict them.

George is a visiting fellow at the London School of Economics and an Anglican priest.

A protester stands with back to the camera, his baseball hat is turned backwards, it reads 'freedom'.
Gayatri Malhotra on Unsplash.

One of the silliest legal defences ever must be the “crime of passion”. Or crime passionnel, as the French knew it for centuries, which should really appear on a menu as one of those haute cuisine desserts they so adore, featuring poached passion fruits in Chantilly sauce: “Non, garcon, tenez-vous la Crepe Suzette. Aujourd’hui je voudrai la crème passionel, s’il vous plait. Et vite – ma femme arrive bientot.”

But to digress in a first paragraph is a crime journalaise, which incidentally is a piece of Franglais that should apply to everything in Le Figaro. So back to crimes of passion. The idea was that an act of spousal infidelity could arouse such a passionate rage that the romantic interloper deserved what they got. First-degree murder could be downgraded to manslaughter, because obviously there can be no malice aforethought in the heats of passion. 

The crime of passion’s bastard offspring is the “gay panic defense”. Note the tell-tale “s” there (though, breathtakingly, interpretations of this defence remain available in both the UK and the US). It runs that a defendant may allege to have found a same-sex sexual advance so offensive or frightening that they were provoked into murdering or otherwise injuring their alleged seducer. Victim-blaming or what?  

Anyway, we might want to dust off crime of passion defences because a leaked report from the Home Office suggests that the definition of extremism in law could be extended to cover “extreme misogyny”, “environmental extremism”, “left-wing, anarchist and single-issue extremism” (it even has its own acronym, LASI) and “conspiracy theories”. 

Now, I’m all for catching misogyny before anyone gets hurt, but all these things are covered by existing laws. And some of them are just plain bonkers. Were I to be charged with holding an extremist environmental opinion or an extreme left-wing, anarchist or single-issue view, I think I’d want to say that it was a crime of passion.  

By which I would mean that there was no malice aforethought because I was acting in the heats of passion for my cause at a time when my balance of mind was impaired. Otherwise, I could get nicked for simply thinking or saying something. Sticks and stones and all that.

But horrific crimes against our humanity tell us we must protect and defend our freedoms, not constrict them. We want to prevent murders, not the saying or thinking of both silly and vile things.

To adopt Serious Face for a moment, I’m aware that hate crimes are a very big thing indeed. How could it be otherwise when we’ve just commemorated Holocaust Memorial Day. And we’ve also the other week had the sentencing of someone – I wouldn’t even spellcheck his name – for the murder of three little girls in Southport. 

But horrific crimes against our humanity tell us we must protect and defend our freedoms, not constrict them. We want to prevent murders, not the saying or thinking of both silly and vile things. Our concentration should be on that prevention, not the forbidding of attitudes that might (but probably won’t in the vast majority of cases) lead to a violent crime. 

Don’t get me started on Non-Crime Hate Incidents (NCHIs). Oh, you just did. Telegraph columnist Allison Pearson was visited by police last Remembrance Sunday and, surprisingly for someone who has built a career on telling snowflakes to grow a spine, came over all oppressed and persecuted. They were following up a photo she’d posted, claiming it was of Metropolitan Police posing with what she called “Jew-haters” at a London rally in support of Palestine. 

In reality, the photo was taken in Manchester and featured Pakistanis, not Palestinians. There was a clue in their flag having “Pakistan” written on it. But that makes her not a very good journalist. Not a bad, far less a criminal, person. 

A saying usually ascribed to St Augustine, in one of his letters, is that we are to “hate the sin and love the sinner”. Similarly, we must try to hate the crime, but love the criminal. That must remain humanly impossible for the crimes already mentioned in this column. (Though, astonishingly, history records some Jews finding it in their hearts to forgive their Nazi persecutors). 

But we acknowledge that this is where the gospel bar is set. We’re to love our enemies, even if we don’t like them and we condemn their actions. In practice, that means preventing crime in law and holding perpetrators to justice. What it does not mean is going after people who say hateful and stupid things, while other people are actually doing hateful things. The former may and should be about sound intelligence gathering; the latter is effective policing. 

This principle is rooted in our culture, founded on the golden rule of loving our enemies and our neighbours as ourselves. There’s always room for forgiveness as well as justice, as crimes of passion demonstrate.  

And if that sounds recklessly self-sacrificial, we might look at the Passion of Christ and the crimes of passion that were committed during it. As he said himself, tout est accompli.  

 

* "No, boy, hold the Crêpe Suzette. Today I would like the passion cream, please. And quickly – my wife is coming soon." 

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Article
Character
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Justice
Music
6 min read

A fan’s eye view of the fall of Sean Combs

We believed he was a good guy because we wanted to believe someone was

Giles Gough is a writer and creative who hosts the God in Film podcast.

Sean Combs sits on a golden couch.
Sean Combs, 2019.
Justiceonthebeat, CC BY-SA 4.0, via Wikimedia Commons.

As the weeks-long trial of Sean ‘Diddy’ Combs draws to an end, the world at large has seen an insight into his life that we wish we hadn’t. Combs has just been convicted of transportation to engage in prostitution. Combs had pleaded not guilty and vehemently denied all allegations against him. 

Podcasters and influencers have kept us up to date with every twist and turn of the prosecution’s case, along with a jury member being dismissed and a bizarre visit from Kanye West. Trials of powerful, successful men (and it invariably is men) have become a semi-regular occurrence in the last few years. The #MeToo movement brought justice for victims of abusers like R. Kelly and Harvey Weinstein. But something about the Diddy trial feels different. For hip hop fans of a certain age, the accusations against Diddy were both shocking and hard to accept. Let’s take a deep dive into why that might be.  

For fans who are forty or older, one night looms large in the history of hip hop; the 1995 Source Awards, which distilled the entirety of the East/West coast beef into one evening. West coast rap music was in the ascendence, and New York, the birthplace of rap music and hip hop culture, was not coping with it very well.  

The atmosphere was further exacerbated when a red-shirted man, as big as a house and twice as broad, took to the stage. Marion ‘Suge’ Knight was the head of Death Row Records, a West coast label that had been hoovering up talent like Snoop Dogg, 2pac and Dr. Dre. Suge was an intimidating presence to say the least. His red shirt was a sign of his affiliation with the ‘Bloods’, the notorious L.A. street gang. It was an image of notoriety that Suge leaned into and it was well-earned. In his award acceptance speech, Suge said the most infamous lines he was ever to utter:  

“Any artist out there wanna be a’ artist, and wanna stay a star, and don't wanna – and won't have to worry about the executive producer try’na be all in the videos, all on the records, dancin’ – come to Death Row!” 

This was widely perceived as an attack against Sean Combs, ‘Puffy’ or ‘Puff Daddy’ as he was known back then. As the head of Bad Boy Records, Puffy was not content to simply be behind the scenes; he constantly interposed himself into the songs and videos of the musicians on his label. Whilst these interventions might seem annoying to some, the success that Bad Boy’s artists had achieved couldn’t be argued with, and as a New York native, the audience at the Source Awards saw Suge’s words as an attack on one of their own. So, when Puffy took to the stage later, a response to Suge’s barbs was hotly anticipated. 

But on that occasion, Puffy took a different approach. He acknowledged that he was the executive producer in question, and added: “contrary to what other people may feel, I would like to say that I'm very proud of Dr. Dre, of Death Row and Suge Knight for their accomplishments... and all this East and West [conflict], that needs to stop. So give it up for everybody from the East and the West that won tonight. One love.” 

In this interaction, we saw the aggressive antagonist Suge be met with nothing but love and respect from Puffy. It seemed like a refreshing antidote to the perception of rap music being only violent and misogynistic. Without wishing to overstate the point, Puffy showed that hip hop could be measured, mature and positive. This was an image that, until recently, had held for decades. Yes, there was a fair amount of hedonism thrown in to his public image, but that is priced-in to the cost of being a fan of famous rappers –the excess comes with the territory. For decades we have been dealing with this false dichotomy that Suge Knight was the ‘villain’, and Puffy was the ‘hero.’  

This image of Puffy as, at the very least, a decent man, was further underscored following the deaths of Tupac ‘2pac’ Shakur and The Notorious B.I.G. aka Christopher Wallace. The murders of those two impossibly talented, painfully young men, less than a year apart, represent the point from which all other historical events are judged as ‘before’ or ‘after’. One of the things that came after was Puffy’s release of I’ll Be Missing You, a song in honour of B.I.G, his most popular artist and friend. Sampling The Police’s Every Breath You Take and featuring Biggie’s widow, Faith Evans, on the chorus, Puffy evoked explicitly biblical language with lines like:   

“It's kind of hard with you not around, / know you in heaven, smiling down / watching us while we pray for you / every day we pray for you.” 

These combined with the images in the video, hands in prayer, candles, children dressed in white all served as a fitting tribute. It could have been mawkish, but it met the moment and consolidated Puffy’s good guy image in our heads. We believed he was a good guy because we wanted to believe someone was. Other hits followed, with videos filled with shiny suits and relentless dancing; it was fun, and served as a counterbalance to the grit and grime of gangsta rap. For over two decades, Puffy, now going by ‘Diddy’, had an image that fans still associated with lightness and positivity. Critics like Murs from HipHop DX led conversations painting Diddy as the Superman to Dr. Dre’s Batman. Rumours about Diddy would occasionally surface, but without the mainstream media devoting much time to them, they were easily dismissed. That was until Cassie Ventura, Diddy’s ex-girlfriend, filed a civil lawsuit. 

If there are any lessons to be learned by his fans, they’re lessons that have sadly already been learned by fans of countless other powerful and successful men.

In late 2023, Cassie’s lawsuit accused Diddy of rape and sex trafficking. These allegations were explosive, but just one day later, both parties reached a settlement. The fire of Ventura’s accusations was dampened down by the release of the joint statement a day later. It seemed as if the whole thing was over and done with before many hip hop fans could even hear the news, let alone process it. Fans of Diddy clung to shreds of denial, whilst noticing that no-one else from the hip hop community seemed to be springing to his defence. Almost as if the people who knew him in person had a very different image from that of the persona he cultivated. 

But Cassie’s lawsuit was the first crack in the dam. Law enforcement agencies began investigating, Diddy’s property was raided and by the time CNN got their hands on the surveillance video of Diddy attacking Cassie, the dam had well and truly burst. The video from a Los Angeles hotel dated March 2016, shows Miss Ventura attempting to leave one of Diddy’s freak offs 'parties'. Only to have Diddy chase her down the corridor, grab her and violently assault her. Each kick, drag and object thrown at her slammed another nail into Diddy’s reputation. The ensuing apology he posted on his Instagram was completely invalidated by his earlier statement that his accusers were making false claims in search of a “quick pay day.”  

For those that loved Combs’ music and what it meant to us, it felt like something repellent had crawled into it and died, forever tainting those songs by association. If there are any lessons to be learned by his fans, they’re lessons that have sadly already been learned by fans of countless other powerful and successful men. Firstly, the more powerful a person is, the more they can hone and control their public image, and that they must be taken with a grain of salt. Secondly, always be ready to question a dichotomy. Is this really a hero versus a villain? Or in this case, an example of two demonstrably evil men, one with substantially better public relations.  

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