Tuesday, June 14, 2011

Presumption of Innocence (Libertarian non-sequitor)

The European Union, Canada, France, Brazil, even the U.N (that most Democratic of institutions) Russia and South Africa have written into their constitutions the presumption of innocence. We do not. Yes there was a court case Coffin v United States where the Supreme Court in 1895 stated
"The principle that there is a presumption of innocence in favor of the accused is the undoubted law, axiomatic and elementary, and its enforcement lies at the foundation of the administration of our criminal law."

I ask you this... Why can you not plead innocent in this country? Why are your choices guilty or not guilty?

While it is not impossible to prove a negative (as there is a positive statement implied in every negative one) it is certainly very difficult. Of course, you will tell me this puts the burden of proof on the accuser or prosecution. If you were to say "I AM INNOCENT!" You will be fined for contempt of court.

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