Technically, isn’t it the Rikrok defense?
Josh Levin write at Slate on the state of what he’s termed “the Shaggy defense”:
A few weeks ago, Virginia Lawyers Weekly noted that U.S. District Judge Jackson Kiser cited the Shaggy defense in denying a defendant’s summary judgment motion. In the case at issue, Preston v. Morton, a man was struck by a tractor trailer while installing traffic lights. The accused driver’s defense: It wasn’t me.
From a footnote to the judge’s denial of summary judgement:
The term refers to a song by the artist Shaggy called “It Wasn’t Me.” In the song, a man’s girlfriend catches him “red-handed” in the arms of another paramour. When asked for his advice, the singer advises the man to tell her “it wasn’t you.” In the present case, I do not mean to suggest that the case against Defendants is as clear cut as the case against the adulterer in the song (as part of the song’s “charm” is the absurdity of such a claim by someone in the narrator’s situation). I use this term merely to illustrate the defense—claiming the offending party was someone else.
As usual, pop culture references in judicial opinions are good for a chuckle, even if they don’t do much to promote the majesty of the law.
And not to quibble: but shouldn’t it be the Rikrok defense? Certainly the advice to issue repeated denial in the song was proffered by Shaggy, but he was acting as counsel to Rikrok, who was instructed (and refused) to employ this stratagem.
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