Guilty until proven innocent
Guilt is assumed in order to make an arrest. But in order to convict, the burden flips.
~ Aristotle Sabouni
Created: 2021-10-04 |
Many people who watch too much TV, and think they are informed, think that "Innocent until proven guilty" (Presumption of innocence) is the law of the land. Yeah, not so much. That does apply to our courts -- but not to the cops and not to the IRS.
The Court[edit | edit source]
There are different standards depending on if you're being arrested or being convicted in a court of law.
If you go to legal court and you're stealing someone's property or liberty, there is supposed to be the standard in the west that the prosecution has the obligation to prove each element of the offense beyond a reasonable doubt (or some other level of proof depending on the criminal justice system) and that the accused bears no burden of proof. It does NOT always work that way.
Tax court is an example, family court is another, a civil court has a lower burden And there are many cases where a "Judge" will make a ruling for lower charges with a lower burden (even if they shouldn't). And we magnify (and sometimes minimize) these problems with prosecutorial or Judicial discretion.
Remember, just being charged has become a punishment and a HUGE economic burden and stressor -- and you are charged BEFORE they've proven guilt. So you can be punished by being charged, you can be held (sometimes without bail), you can be spied on (your 4th amendment rights violated) before charges -- and so on. So those that think "innocent until proven guilty" is an absolute, are absolutely clueless about the real world.
The Cops[edit | edit source]
In order to arrest you, you just must be suspected of something. Usually, some evidence of it will encourage that arrest -- but cops CAN make shit up, or just misunderstand what they saw.
If a cop gets a call over the radio that a suspicious purple car with big Dubs was seen outside a robbery, and you're two blocks away in a suspicious purple car with big Dubs? I can guarantee the presumption of guilt is going to apply to pull you over. If you're in a high crime area, and you dress like a thug? It's going to happen more to you, than in a low crime area, and if you are dressed nice and drive a nicer car. The same way if you look like a hooker on a street corner, you will be treated differently than bride in a wedding gown in a church.
Is it unfair? A little. But it's more about statistics and probabilities and vibes/appearances than about race or injustice.
The Society[edit | edit source]
The people usually whining about "they assumed I'm guilty" are usually hypocrites that do it all the time. The left is happy to jump to conclusion that all Trump supporters are hillbilly rednecks that support an insurrection, or that Kavanaugh was a rapist, or that the Cop in Michael Brown (or a myraiad other cases) are all racists and guilty of crimes, despite highly shoddy evidence. And when shown the overwhelming evidence agaisnt their opinions, they stand firm against the science/facts -- and stick with their hypocritical biases.
Some scream to this day that OJ was framed -- which presumes the guilt of the cop or cops, despite no credible evidence and a ton against it, as well as just the common sense of the situation. A white cop with a black partner is going to frame an innocent black celebrity by planting evidence (that he had no access to), without knowing if the celebrity had an alibi - because he hates black people that much, and the entire force will back him up, because they're all racists too? Then people that assume the guilt of the cops, will demand that we not assume the guilt of those that have overwhelming evidence of means, motive, opportunity and actions after the fact that show guilt.
Conclusion[edit | edit source]
Racists will make it about race. Sexists will make it about sex. Cop-haters will assume cops are always guilty, while demanding that we never assume that repeat felons ever did anything wrong. Victims / grievance studies majors will almost always see victimhood and injustice in everything. But adults? They will look at the facts with a more objective eye. And laugh and the former when they're obviously doing what they are accusing the other side -- assuming guilt (of the cops or society) without evidence.
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