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	<title>Comments on: The presumption of innocence, errant</title>
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		<title>By: WageSlave</title>
		<link>http://www.nostate.com/3433/the-presumption-of-innocence-errant/comment-page-1/#comment-4162</link>
		<dc:creator>WageSlave</dc:creator>
		<pubDate>Wed, 18 Nov 2009 21:34:50 +0000</pubDate>
		<guid isPermaLink="false">http://www.nostate.com/?p=3433#comment-4162</guid>
		<description>This discussion from Mike&#039;s original thoughts onward have been very thought provoking and it&#039;s good we are forced to face these questions. Moral and ethical people do these exercises to make sure they stay in that framework.  Also good to consider the various POV&#039;s given.  

However, try something of a different approach but look again at the picture and ignore the uniforms and other symbols of state and then pose the questions of presumption of innocense.  How would the State for example see you if you acted to stop the taking of this man&#039;s life?  How would the State see you if in order to preserve the innocent man&#039;s life, you took the life of the aggressor?  Consider all aspects of this event as if all actors were non-state.  The man with the gun is a neo-nazi, anti-semitic gang leader and the rest his followers and this event is some initiation rite.

Now return to the photo where the State actors have the illusion of law (legal orders to kill jews) and then commit the same actions on your part to save the man and then see on your behalf how far presumption of innocense applies from the State itself?  Would it be fair to say that you&#039;d see that day&#039;s sunset at room temperture from the inside of a box?  Executed for the purpose of preserving the presumption of innocense?

Non State actors, you are hero!  State actors, you are villian!  Would that be fair to say?  Now consider again the presumption of innocense using the State&#039;s standards?  Should that be ours? Us and Them? They set the rules so make them live with it? Reject morals and ethics because they did? Tempting is it not?

This may in no way answer the greater question at hand and what the moral direction might be but it sure blows the lid off the illusion of presumption of innocense IMO that anyone dealing with state actors might think they have.  When we fight among ourselves as non-state actors, the presumption of innocense may exist although one might consider this link http://officer.com/web/online/Investigation/Training-Cops-to-Lie---Pt-1/18$49343 before accepting even that as fact.  Go against the state, do as I in the 80&#039;s and 90&#039;s and thumb the nose at IRS even with good legal standing, and like Toto, you&#039;ll see real quick how the man behind the curtain really acts.

However, to follow their example IMO negates the need to dissolve from their system to create our own but rather stay in their system and fight it from within. Good luck with that!

I don&#039;t pretend to answer the many vexing questions that Mike&#039;s original comments have posed or the many good ones posed by others but understand, the state when you oppose it sees only one thing, GUILTY AS HELL and that&#039;s before the theater of trial by jury.  

I abhore violence as violence begets violence but how far to exact punishment on State actors can become a deadly question.  Revolutions can start out under noble reasons but devolve into killing fields once the revolters take control and the blood stains on their hands can be just as bad if not worse than the previous monster.  

Consider the words to the song &quot;The Knife&quot; by Genesis and how easily we can take a wrong turn and become what our enemies were!

http://www.sing365.com/music/lyric.nsf/The-Knife-lyrics-Genesis/627DE6E8A6CD3D124825696000122CEE

enjoyed thoughts of all on this subject</description>
		<content:encoded><![CDATA[<p><!-- google_ad_section_start -->This discussion from Mike&#8217;s original thoughts onward have been very thought provoking and it&#8217;s good we are forced to face these questions. Moral and ethical people do these exercises to make sure they stay in that framework.  Also good to consider the various POV&#8217;s given.  </p>
<p>However, try something of a different approach but look again at the picture and ignore the uniforms and other symbols of state and then pose the questions of presumption of innocense.  How would the State for example see you if you acted to stop the taking of this man&#8217;s life?  How would the State see you if in order to preserve the innocent man&#8217;s life, you took the life of the aggressor?  Consider all aspects of this event as if all actors were non-state.  The man with the gun is a neo-nazi, anti-semitic gang leader and the rest his followers and this event is some initiation rite.</p>
<p>Now return to the photo where the State actors have the illusion of law (legal orders to kill jews) and then commit the same actions on your part to save the man and then see on your behalf how far presumption of innocense applies from the State itself?  Would it be fair to say that you&#8217;d see that day&#8217;s sunset at room temperture from the inside of a box?  Executed for the purpose of preserving the presumption of innocense?</p>
<p>Non State actors, you are hero!  State actors, you are villian!  Would that be fair to say?  Now consider again the presumption of innocense using the State&#8217;s standards?  Should that be ours? Us and Them? They set the rules so make them live with it? Reject morals and ethics because they did? Tempting is it not?</p>
<p>This may in no way answer the greater question at hand and what the moral direction might be but it sure blows the lid off the illusion of presumption of innocense IMO that anyone dealing with state actors might think they have.  When we fight among ourselves as non-state actors, the presumption of innocense may exist although one might consider this link <a href="http://officer.com/web/online/Investigation/Training-Cops-to-Lie---Pt-1/18$49343" rel="nofollow">http://officer.com/web/online/Investigation/Training-Cops-to-Lie&#8212;Pt-1/18$49343</a> before accepting even that as fact.  Go against the state, do as I in the 80&#8217;s and 90&#8217;s and thumb the nose at IRS even with good legal standing, and like Toto, you&#8217;ll see real quick how the man behind the curtain really acts.</p>
<p>However, to follow their example IMO negates the need to dissolve from their system to create our own but rather stay in their system and fight it from within. Good luck with that!</p>
<p>I don&#8217;t pretend to answer the many vexing questions that Mike&#8217;s original comments have posed or the many good ones posed by others but understand, the state when you oppose it sees only one thing, GUILTY AS HELL and that&#8217;s before the theater of trial by jury.  </p>
<p>I abhore violence as violence begets violence but how far to exact punishment on State actors can become a deadly question.  Revolutions can start out under noble reasons but devolve into killing fields once the revolters take control and the blood stains on their hands can be just as bad if not worse than the previous monster.  </p>
<p>Consider the words to the song &#8220;The Knife&#8221; by Genesis and how easily we can take a wrong turn and become what our enemies were!</p>
<p><a href="http://www.sing365.com/music/lyric.nsf/The-Knife-lyrics-Genesis/627DE6E8A6CD3D124825696000122CEE" rel="nofollow">http://www.sing365.com/music/lyric.nsf/The-Knife-lyrics-Genesis/627DE6E8A6CD3D124825696000122CEE</a></p>
<p>enjoyed thoughts of all on this subject<!-- google_ad_section_end --></p>
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		<title>By: George Donnelly</title>
		<link>http://www.nostate.com/3433/the-presumption-of-innocence-errant/comment-page-1/#comment-4161</link>
		<dc:creator>George Donnelly</dc:creator>
		<pubDate>Wed, 18 Nov 2009 12:42:40 +0000</pubDate>
		<guid isPermaLink="false">http://www.nostate.com/?p=3433#comment-4161</guid>
		<description>Absolutely, if you&#039;re there you can exercise the other person&#039;s right to self-defense. But if it&#039;s after the fact, best to get a jury together IMHO.</description>
		<content:encoded><![CDATA[<p><!-- google_ad_section_start -->Absolutely, if you&#8217;re there you can exercise the other person&#8217;s right to self-defense. But if it&#8217;s after the fact, best to get a jury together IMHO.<!-- google_ad_section_end --></p>
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		<title>By: marta pe</title>
		<link>http://www.nostate.com/3433/the-presumption-of-innocence-errant/comment-page-1/#comment-4160</link>
		<dc:creator>marta pe</dc:creator>
		<pubDate>Wed, 18 Nov 2009 05:09:09 +0000</pubDate>
		<guid isPermaLink="false">http://www.nostate.com/?p=3433#comment-4160</guid>
		<description>it&#039;s unethical.
a priviliged actor of state is still a human being and to treat her as a different species is ethically wrong.
however, proving somebody guilty doesn&#039;t have to require trials, i think. if you see the guy in the picture murdering somebody you know is innocent, not wanting to be killed etc., then you are ethically right to stop that. i guess.</description>
		<content:encoded><![CDATA[<p><!-- google_ad_section_start -->it&#8217;s unethical.<br />
a priviliged actor of state is still a human being and to treat her as a different species is ethically wrong.<br />
however, proving somebody guilty doesn&#8217;t have to require trials, i think. if you see the guy in the picture murdering somebody you know is innocent, not wanting to be killed etc., then you are ethically right to stop that. i guess.<!-- google_ad_section_end --></p>
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		<title>By: Winterset</title>
		<link>http://www.nostate.com/3433/the-presumption-of-innocence-errant/comment-page-1/#comment-4159</link>
		<dc:creator>Winterset</dc:creator>
		<pubDate>Mon, 16 Nov 2009 21:23:34 +0000</pubDate>
		<guid isPermaLink="false">http://www.nostate.com/?p=3433#comment-4159</guid>
		<description>My TrackBacks never seem to work so I&#039;ll post a note saying I commented on this on my blog. You can check it and comment back over &lt;a href=&quot;http://wp.me/pB9hB-2W&quot; rel=&quot;nofollow&quot;&gt;here&lt;/a&gt;.</description>
		<content:encoded><![CDATA[<p><!-- google_ad_section_start -->My TrackBacks never seem to work so I&#8217;ll post a note saying I commented on this on my blog. You can check it and comment back over <a href="http://wp.me/pB9hB-2W" rel="nofollow">here</a>.<!-- google_ad_section_end --></p>
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		<title>By: Presumption of Innocence &#171; The Shaman&#39;s Glen</title>
		<link>http://www.nostate.com/3433/the-presumption-of-innocence-errant/comment-page-1/#comment-4158</link>
		<dc:creator>Presumption of Innocence &#171; The Shaman&#39;s Glen</dc:creator>
		<pubDate>Mon, 16 Nov 2009 21:21:55 +0000</pubDate>
		<guid isPermaLink="false">http://www.nostate.com/?p=3433#comment-4158</guid>
		<description>[...] to write about it. You can get to his blog in the side bar, but here&#8217;s a direct link to his article. In short, he&#8217;s suggesting that state actors need not be given the presumption of innocence [...]</description>
		<content:encoded><![CDATA[<p><!-- google_ad_section_start -->[...] to write about it. You can get to his blog in the side bar, but here&#8217;s a direct link to his article. In short, he&#8217;s suggesting that state actors need not be given the presumption of innocence [...]<!-- google_ad_section_end --></p>
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		<title>By: Jim Davidson</title>
		<link>http://www.nostate.com/3433/the-presumption-of-innocence-errant/comment-page-1/#comment-4157</link>
		<dc:creator>Jim Davidson</dc:creator>
		<pubDate>Mon, 16 Nov 2009 03:01:39 +0000</pubDate>
		<guid isPermaLink="false">http://www.nostate.com/?p=3433#comment-4157</guid>
		<description>I mention red markets and assassination politics in my latest blog over at fr33agents.ning.com - Classical Liberalism: Fail.

http://fr33agents.ning.com/profiles/blogs/classical-liberalism-fail</description>
		<content:encoded><![CDATA[<p><!-- google_ad_section_start -->I mention red markets and assassination politics in my latest blog over at fr33agents.ning.com &#8211; Classical Liberalism: Fail.</p>
<p><a href="http://fr33agents.ning.com/profiles/blogs/classical-liberalism-fail" rel="nofollow">http://fr33agents.ning.com/profiles/blogs/classical-liberalism-fail</a><!-- google_ad_section_end --></p>
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		<title>By: George Donnelly</title>
		<link>http://www.nostate.com/3433/the-presumption-of-innocence-errant/comment-page-1/#comment-4155</link>
		<dc:creator>George Donnelly</dc:creator>
		<pubDate>Sun, 15 Nov 2009 14:59:51 +0000</pubDate>
		<guid isPermaLink="false">http://www.nostate.com/?p=3433#comment-4155</guid>
		<description>In absentia by design? How would that be fair? 

Of course they can present their case. Common law rules should be observed.

&quot;The presumption of innocence – being considered innocent until proven guilty – is a legal right that the accused in criminal trials has in many modern countries.&quot;

http://en.wikipedia.org/wiki/Presumption_of_innocence

So if you&#039;re talking about it outside of a legal context, it&#039;s up to you to specify that and define it&#039;s meaning there.</description>
		<content:encoded><![CDATA[<p><!-- google_ad_section_start -->In absentia by design? How would that be fair? </p>
<p>Of course they can present their case. Common law rules should be observed.</p>
<p>&#8220;The presumption of innocence – being considered innocent until proven guilty – is a legal right that the accused in criminal trials has in many modern countries.&#8221;</p>
<p><a href="http://en.wikipedia.org/wiki/Presumption_of_innocence" rel="nofollow">http://en.wikipedia.org/wiki/Presumption_of_innocence</a></p>
<p>So if you&#8217;re talking about it outside of a legal context, it&#8217;s up to you to specify that and define it&#8217;s meaning there.<!-- google_ad_section_end --></p>
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		<title>By: P.M.Lawrence</title>
		<link>http://www.nostate.com/3433/the-presumption-of-innocence-errant/comment-page-1/#comment-4154</link>
		<dc:creator>P.M.Lawrence</dc:creator>
		<pubDate>Sun, 15 Nov 2009 11:18:04 +0000</pubDate>
		<guid isPermaLink="false">http://www.nostate.com/?p=3433#comment-4154</guid>
		<description>Also, you have moved the problem one level further back. What should we presume people&#039;s status as state workers is? In a sense, the way things are now, we all work for a state. Should there be some specific criteria for what working for the state really is? Who should determine and/or apply those?

Don&#039;t forget that &lt;I&gt;any&lt;/I&gt; such loosening in the rules can be turned against people, as in Robert Bolt&#039;s &lt;I&gt;A Man For All Seasons&lt;/I&gt;:

&lt;blockquote&gt;

&lt;b&gt;Roper&lt;/b&gt;: So, now you give the Devil the benefit of law!

&lt;b&gt;More&lt;/b&gt;: Yes! What would you do? Cut a great road through the law to get after the Devil?

&lt;b&gt;Roper&lt;/b&gt;: Yes, I&#039;d cut down every law in England to do that!

&lt;b&gt;More&lt;/b&gt;: Oh? And when the last law was down, and the Devil turned &#039;round on you, where would you hide, Roper, the laws all being flat? This country is planted thick with laws, from coast to coast, Man&#039;s laws, not God&#039;s! And if you cut them down, and you&#039;re just the man to do it, do you really think you could stand upright in the winds that would blow then? Yes, I&#039;d give the Devil benefit of law, for my own safety&#039;s sake!

&lt;/blockquote&gt;</description>
		<content:encoded><![CDATA[<p><!-- google_ad_section_start -->Also, you have moved the problem one level further back. What should we presume people&#8217;s status as state workers is? In a sense, the way things are now, we all work for a state. Should there be some specific criteria for what working for the state really is? Who should determine and/or apply those?</p>
<p>Don&#8217;t forget that <i>any</i> such loosening in the rules can be turned against people, as in Robert Bolt&#8217;s <i>A Man For All Seasons</i>:</p>
<blockquote>
<p><b>Roper</b>: So, now you give the Devil the benefit of law!</p>
<p><b>More</b>: Yes! What would you do? Cut a great road through the law to get after the Devil?</p>
<p><b>Roper</b>: Yes, I&#8217;d cut down every law in England to do that!</p>
<p><b>More</b>: Oh? And when the last law was down, and the Devil turned &#8217;round on you, where would you hide, Roper, the laws all being flat? This country is planted thick with laws, from coast to coast, Man&#8217;s laws, not God&#8217;s! And if you cut them down, and you&#8217;re just the man to do it, do you really think you could stand upright in the winds that would blow then? Yes, I&#8217;d give the Devil benefit of law, for my own safety&#8217;s sake!</p>
</blockquote>
<p><!-- google_ad_section_end --></p>
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		<title>By: John Galt</title>
		<link>http://www.nostate.com/3433/the-presumption-of-innocence-errant/comment-page-1/#comment-4149</link>
		<dc:creator>John Galt</dc:creator>
		<pubDate>Sun, 15 Nov 2009 04:12:40 +0000</pubDate>
		<guid isPermaLink="false">http://www.nostate.com/?p=3433#comment-4149</guid>
		<description>Tried, how, though, George.  It makes a difference.  In absentia by design, or would you serve notice in some fashion? (Use the state&#039;s certified mail, heavy irony.)  And with what rules for the defense? Can they have counsel? Present a case? Confront witnesses against them? Compel favorable witnesses to come forward?  No? Then why have a trial?

In the picture, it is war.  In the war, many resistance fighters killed many Nazis. At check points.  By luring them to restaurants. By guns, by poison, by whatever.  In war, there is a presumption of guilt - you wear the uniform of the enemy you can get gunned down without warning.  Even if you wear it as a spy and someone shoots before asking for the pass word.  And I say the resistance fighters were right, and that there was no need for a trial.

The men in the Warsaw ghetto who took a single gun, went out, found a Nazi soldier, killed him quietly, and brought back his gun and ammo (and food, and other salvage) didn&#039;t have to wonder whether this particular Nazi had killed a Jew, or a dozen.  None of them were off limits, all were fair game.

Now, if it is war, fine.  AP would be then just a method of hiring fighters and compensating them.  Don&#039;t bother with trials, you don&#039;t have time, and you don&#039;t have to explain.  They&#039;ve been killing us for many years.  Carl Drega, the Waco killers, the students at Kent State, many others to name.

But if it is war, more effective tools than AP would be needed.</description>
		<content:encoded><![CDATA[<p><!-- google_ad_section_start -->Tried, how, though, George.  It makes a difference.  In absentia by design, or would you serve notice in some fashion? (Use the state&#8217;s certified mail, heavy irony.)  And with what rules for the defense? Can they have counsel? Present a case? Confront witnesses against them? Compel favorable witnesses to come forward?  No? Then why have a trial?</p>
<p>In the picture, it is war.  In the war, many resistance fighters killed many Nazis. At check points.  By luring them to restaurants. By guns, by poison, by whatever.  In war, there is a presumption of guilt &#8211; you wear the uniform of the enemy you can get gunned down without warning.  Even if you wear it as a spy and someone shoots before asking for the pass word.  And I say the resistance fighters were right, and that there was no need for a trial.</p>
<p>The men in the Warsaw ghetto who took a single gun, went out, found a Nazi soldier, killed him quietly, and brought back his gun and ammo (and food, and other salvage) didn&#8217;t have to wonder whether this particular Nazi had killed a Jew, or a dozen.  None of them were off limits, all were fair game.</p>
<p>Now, if it is war, fine.  AP would be then just a method of hiring fighters and compensating them.  Don&#8217;t bother with trials, you don&#8217;t have time, and you don&#8217;t have to explain.  They&#8217;ve been killing us for many years.  Carl Drega, the Waco killers, the students at Kent State, many others to name.</p>
<p>But if it is war, more effective tools than AP would be needed.<!-- google_ad_section_end --></p>
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		<title>By: George Donnelly</title>
		<link>http://www.nostate.com/3433/the-presumption-of-innocence-errant/comment-page-1/#comment-4146</link>
		<dc:creator>George Donnelly</dc:creator>
		<pubDate>Sat, 14 Nov 2009 23:18:12 +0000</pubDate>
		<guid isPermaLink="false">http://www.nostate.com/?p=3433#comment-4146</guid>
		<description>I didn&#039;t mention *state* courts either. And the presumption of innocence only has meaning in a legal context. Who talks about it with any significance outside that context?

You&#039;re right, state justice is rigged. See my recent post on &quot;The Take&quot; (2004) where I argued this point and asserted that workers who occupy their factories against the wishes of the &quot;owners&quot; and judicial system are doing the right thing.

We can start our own free market justice system anytime. Bad guys can be tried in absentia. AP could simply be the death penalty for bad guys tried and found guilty.</description>
		<content:encoded><![CDATA[<p><!-- google_ad_section_start -->I didn&#8217;t mention *state* courts either. And the presumption of innocence only has meaning in a legal context. Who talks about it with any significance outside that context?</p>
<p>You&#8217;re right, state justice is rigged. See my recent post on &#8220;The Take&#8221; (2004) where I argued this point and asserted that workers who occupy their factories against the wishes of the &#8220;owners&#8221; and judicial system are doing the right thing.</p>
<p>We can start our own free market justice system anytime. Bad guys can be tried in absentia. AP could simply be the death penalty for bad guys tried and found guilty.<!-- google_ad_section_end --></p>
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