Posted BY: E. Jeffrey Ludwig

The influence of Critical Race Theory is apparent in the trial of Darrell Brooks for the automobile massacre of six innocent people and injury to 60-plus individuals at a parade in Waukesha, Wisconsin in November 2021.  Additionally, we can see the influence of such disparate movements as feminism, deconstructionist philosophy, and nihilism.  These varied influences have enveloped the trial with an Alice in Wonderland aura, where there is virtuous posturing but not sufficient rationality, dignity, professionalism, and seriousness in play.

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The two mainstays of Brooks’s defense, acting as his own lawyer, are (1) that he is not Darrell Brooks and (2) that the court does not have a right to try him as, somehow, it lacks jurisdiction to try murder cases in the state of Wisconsin even though it is a Wisconsin state court.  Thus, he is not the defendant named, and the court is not the proper court.  This is the nihilism inherent in his so-called defense, which, being absurd, is not a defense, yet his right to this non-defense is legitimate under the Sixth Amendment, according to a 1975 Supreme Court decision.  His non-defense being considered a defense is part of our societal dislocation. 

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