Posted in crime | 25 Comments »
It is one of the greatest aspects of legal systems derived from the English common law that a defendant should be presumed innocent until proven guilty. The presumption of innocence is a massive check on state power, especially when combined with a jury system in which freely-acting members of a community may discover the facts and judge both the law and the circumstances for themselves.
In our current situation, would that this basic protection of man against state even be applied consistently and forcefully.
Even so, I hold that the presumption is fundamentally lacking so long as it is not attached to another, very important consideration. And so, I rephrase:
Let no person be held guilty until proven innocent, except insofar as when that person is a privileged actor of state (or other similarly socially privileged group), they shall not enjoy such presumption.
Photo via Distributed Republic.
I hold that none of the uniformed men in this photo should have ever enjoyed a presumption of innocence.
I might not gun them all down myself. I might not assist in doing so. But I decidedly would oppose anyone who aimed to get in the way of that happening.