The presumption of innocence doesn’t preclude the fact that criminal courts don’t find someone innocent, rather they find someone not guilty.
This is for the simple fact that it’s neigh impossible to establish someone’s innocence, whereas it’s easier to establish that there isn’t enough evidence to consider someone guilty.
This case is, and sexual assault cases in general are, a great example why we can’t expect criminal courts to establish innocence.
These are often cases with little evidence available either which way, because often there are no other witnesses.
Even if there would be physical evidence of a sexual act, it’s still challenging to prove under what circumstances those acts have occurred, specifically on the matter of consent.
To expect a court to be able to say with certainty that something hasn’t occurred is unreasonable.
That is not to say that it isn’t good that we have these high standards before we impose punishment onto someone, but it is important to recognize what it means when a court comes to a decision.
Additionally the presumption of innocence is just that, a presumption to establish who has the onus to prove something, there is no additional meaning attributed to it in the legal principle beyond establishing who has the onus to prove the facts at hand.
In that regard it’s rather unfortunately named, as it would’ve been more apt to name it “the presumption of not guilty” but I suppose that doesn’t roll as nicely off the tongue
To add to that, that the presumption is specifically a principle that only has meaning in criminal court, because the burden of proof is generally higher than in civil court.
People can be, and have been, found liable in civil court for the very thing a criminal court has found them “not guilty” on, on the very basis that criminal court can’t establish innocence and that the bar that needs to be met in civil court is generally lower than in criminal court.
As such to bring up the presumption of innocence in a vacuum is kind of like bringing up the generally recognized human right of freedom of speech when a social media company bans someone and removes their post.
Yes, the concept exists, but it’s irrelevant because it doesn’t apply to the topic at hand, because the concept aims to govern a very specific circumstance that isn’t applicable here and withholding the important context surrounding it (i.e. the role it plays in criminal court for the presumption and the fact that it only limits governments for the freedom of speech) masks the limitations of said concept.
None of the above aims to reflect my opinion on Spacey’s innocence (or lack thereof), rather it aims to provide the necessary details to put things into context.
no, we are not part of the government. same reason the 1st amendment does not apply to private property. it protects speech from censorship from the government.
Considered innocent, by the state organs. Considered innocent, in how the state treats them. NOT EVER AT ALL PROVEN innocent by the courts.
Courts are not and have never been concerned about proving innocence. All they care about is guilty or not guilty. Not guilty could mean innocent, but again, the courts don’t care about that.
Right, so the only thing the court states is that innocence could not be disproven.
Incidentally that’s similar to how statistical hypotheses are being proven - by showing that it’s unlikely to be false.
The presumption of innocence is an internationally-recognized human right.
The presumption of innocence doesn’t preclude the fact that criminal courts don’t find someone innocent, rather they find someone not guilty.
This is for the simple fact that it’s neigh impossible to establish someone’s innocence, whereas it’s easier to establish that there isn’t enough evidence to consider someone guilty.
This case is, and sexual assault cases in general are, a great example why we can’t expect criminal courts to establish innocence.
These are often cases with little evidence available either which way, because often there are no other witnesses. Even if there would be physical evidence of a sexual act, it’s still challenging to prove under what circumstances those acts have occurred, specifically on the matter of consent.
To expect a court to be able to say with certainty that something hasn’t occurred is unreasonable.
That is not to say that it isn’t good that we have these high standards before we impose punishment onto someone, but it is important to recognize what it means when a court comes to a decision.
Additionally the presumption of innocence is just that, a presumption to establish who has the onus to prove something, there is no additional meaning attributed to it in the legal principle beyond establishing who has the onus to prove the facts at hand.
In that regard it’s rather unfortunately named, as it would’ve been more apt to name it “the presumption of not guilty” but I suppose that doesn’t roll as nicely off the tongue
To add to that, that the presumption is specifically a principle that only has meaning in criminal court, because the burden of proof is generally higher than in civil court.
People can be, and have been, found liable in civil court for the very thing a criminal court has found them “not guilty” on, on the very basis that criminal court can’t establish innocence and that the bar that needs to be met in civil court is generally lower than in criminal court.
As such to bring up the presumption of innocence in a vacuum is kind of like bringing up the generally recognized human right of freedom of speech when a social media company bans someone and removes their post.
Yes, the concept exists, but it’s irrelevant because it doesn’t apply to the topic at hand, because the concept aims to govern a very specific circumstance that isn’t applicable here and withholding the important context surrounding it (i.e. the role it plays in criminal court for the presumption and the fact that it only limits governments for the freedom of speech) masks the limitations of said concept.
None of the above aims to reflect my opinion on Spacey’s innocence (or lack thereof), rather it aims to provide the necessary details to put things into context.
In terms of punishment from the government, yes. The court of public opinion is another matter entirely. Civil court too.
Do you think the people are not part of the government?
no, we are not part of the government. same reason the 1st amendment does not apply to private property. it protects speech from censorship from the government.
Considered innocent, by the state organs. Considered innocent, in how the state treats them. NOT EVER AT ALL PROVEN innocent by the courts.
Courts are not and have never been concerned about proving innocence. All they care about is guilty or not guilty. Not guilty could mean innocent, but again, the courts don’t care about that.
Right, so the only thing the court states is that innocence could not be disproven. Incidentally that’s similar to how statistical hypotheses are being proven - by showing that it’s unlikely to be false.