Innocent Until

Ei incumbit probatio qui dicit, non qui negat. (The burden of proof lies with who declares, not who denies.)

A fellow PI quoted a young law student recently: She said, “I could never work for the defense. My moral code won’t allow it.”  Terrifying.

Last year we saw the release of Michael Morton, a man wrongfully accused, tried, and convicted of murdering his wife. He lost 25 years of his life to a miscarriage of justice. Last month David Ranta was released after being exonerated of a crime in which false testimony was the key evidence. The system squandered 23 years of his life. This month we hear from Pursuit Magazine contributor, Claire Gibson, the story of Ndume Olatushani. A state into which he had never set foot took 27 years from him.

From the occasional overzealous prosecutor to the inimitable (thank god) Nancy Grace, the impulse to cry guilty prior to trial is strong. In the Morton case, the prosecutor (now a judge) is facing a court of inquiry that will address his alleged misconduct. There is, at the very least, some degree of accountability for prosecutors.

Nancy Grace, however, is allowed to cry guilty from the arrogant, self-righteous, condescending comfort of her studio. How many times has Ms. Grace held herself out as prosecutor, investigator, expert, trier of fact, and judge? Here’s the only way to reasonably deal with a person who is depriving a village somewhere of a perfectly good idiot:

http://www.youtube.com/watch?v=A4QIDBZ39XA

Innocent until proven guilty. Our legal system is built on the foundation of a presumption of innocence. And yet, there’s the occasional headstrong, politically-motivated district attorney. There’s the ill-informed pundit, spouting legal theory, unchallenged by any voice of reason.

It’s easy to demonize a few over-privileged frat-boys accused of raping a young lady. It’s easy to demonize the affectless grocer who doesn’t have the savvy to speak in public. It’s easy to demonize the dark-skinned man who looks the part of the criminal we’re conditioned to see.

It’s easy, but wrong.

When we allow preconceived notions to direct us, we sacrifice our better angels. When we allow our prejudices to guide us, we succumb to the shouting demons in our minds.

I don’t always like the people we work to defend. But I pray that were I in their stead, someone would come to my aid with a full-throated defense. It’s what our constitution allows. It’s what we do.