The presumption of innocence
As a fundamental condition for a system of justice
As a lawyer, I’ve always held to the presumption of innocence. And yet, there is no presumption of innocence. The fact that an indictment is raised, the fact of grand jury proceedings, the fact of having been raided by the police, the fact even of having been stopped by the highway patrol, or having a policeman knock on your door—no smoke without fire. Sean Combs: do you presume he is innocent?
This smoke all eats away at the presumption of innocence. If you have done nothing, you have nothing to fear? From revealing your biometric data, or having your details scraped from Facebook? From having your eyes photographed? How many of Mr Trump’s government have a background about which questions were asked? Abuse of women, drugs, alcohol, influence, Epstein? And how many of Mr Biden’s, had we Hunt(er)ed deep enough?
What percentage of government operatives need to be found to be miscreants before the presumption flips—from one of innocence to one of guilt? Well, that’s a tough question, because my instinct is to say 100 per cent. And even that applies only to the 100 per cent found to be miscreants. Anything else means that justice becomes that of a banana republic. What’s more, what we’re finding now is that the percentage is high enough for a finding of proven culpability to bring with it no consequences. Guilt is, for some, par for the course.
If justice, whether backed by a presumption of innocence or otherwise, becomes unattainable to the man on the Clapham omnibus, he will start to look to other means to achieve it than through his leaders and his judges. Because justice is not a goal set upon a pedestal for a society to strive towards—in that sense it is no statue. It is a sentiment that, in order even to be attainable, must thrive in and amongst the people who embrace it. Justice is not attained, it is fulfilled.
The presumption of innocence rests upon a common ideal that the system under which innocence is tested is fair and equitable enough for the people to be secure in their assumption that it is in fact only the guilty against whom accusations are levelled, and that the authorities will not raise prosecutions based on spurious grounds, or based upon unjust laws, or in pursuit of clandestine policies; when a society’s system of justice no longer attains that standard, the presumption becomes eroded, and the society itself rightly turns against those who seek to erode it. Against those who hijack justice, as a common standard of what’s right, in order to deploy it as a tool for what is commonly held to be wrong. Those who do that are no longer worthy of the presumption of innocence. Yet we cling to the romantic notion that we cannot castigate them until it be proved they are culpable.
We turn in circles as the abusers of justice lead us a merry dance.
Very nice article. The presumption of innocence is sacrosanct. The entitled are unfortunately presumed more innocent than the rest of us making a mockery of all that is good.
Good post Graham. Our problem in America today is that our systems are broken. A Representative Republic only works if all parties agree to uphold the Constitution and the Law. Our Constitution defines three co-equal branches of Government. What we currently have in one unelected, unappointed co-conspirator smashing his way into the former Governmental Agencies and taking them over undeterred. This has occurred because the other duly elected co-conspirator is A. lazy, B. stupid and C. suffering from either old age dementia or Alzheimner's dementia. Because the Democratic party of which I was a card carrying member did nothing to control the take over of the Supreme Court and partial take over of the appellate circuit courts by judges who refuse to uphold the Constitution as written or the longstanding rule of law.
Aside from all that, members of legislature from both parties were far more interested in getting rich quick as were too many members of or society in general.
Meanwhile our central news agencies also decided greed was good and pandered to the rich and famous instead of simply reporting the news.
Now we are reaping the fruits of our bad seeding.
We still have a chance to redeem our good qualities, but only if we act fast and with surety. Since I am now old and decrepit I'm reduced to bitching and cheering from the sidelines and being grateful that however bad it gets, I won't be around to witness the depths of depravity.