Friday, December 14, 2018

The Great Presumption

  1. That a man is innocent until proven guilty is “axiomatic and elementary, and its enforcement lies at the foundation of the administration of our criminal law.” Indeed, the brave men who engaged in armed rebellion against their royal sovereign and declared independence for these United States were motivated in part by King George III’s contempt for the presumption of innocence when the Sugar Act of 1764 shifted the burden of proof from the Crown to the colonists.
  2. Ever since the nation was gripped by the allegation leveled against then-Judge Brett Kavanaugh during his hearing to be confirmed to the United States Supreme Court, coming as it did at the height of #metoo sensibilities, we have seen in some circles coordinated attacks on two foundational principles of constitutional order: due process and the presumption of innocence.


https://spectator.org/the-great-presumption/

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