“ei incumbit probatio qui dicit, non qui negat” Is it Greek to you? …”it’s part of the Bill of Rights for me!

…wondering when we lost faith in our Bill of Rights and who do we have to thank, in helping us get back the faith.

ei incumbit probatio qui dicit, non qui negat 

Unbelievably, the many defendants on death row, the many domestic violence victims with in our own communities.  With every injustice, every crime on humanity, every lapse in judgment, we as a nation follow the trail of stories that usually horrify even the most harden of hearts.  When the days is done and go to pray before your sleep, far from your mind is the fact that, we have the framers of our U.S. Constitution & our Bill of Rights to thank, as we can freely worship, and pray at will.

We also can attribute the same to many other privileges that we as US citizens take for granted time, while we wonder upon this vast space call earth.  As much as the viewers and readers who feel some one is guilty based on the knowledge they profess as fact, because it came from out TV screen, or our internet searches we conduct as armchair sleuths,  the same bill of rights that allow freedom of speech also offers us the Fifth  and Fourteenth Amendment. 

The burden of proof is thus on the prosecution, which has to collect and present enough compelling evidence to convince the judge and jury, who are restrained and ordered by law to consider only actual evidence and testimony that is legally admissible. 

The guaranteeing the presumption of innocence extends beyond the judicial system.  For instance, in many countries journalistic codes of ethics state those journalists should refrain from referring to suspects as though their guilt is certain.  The Reports are to use “suspect” or “defendant” when referring to the suspect, and use “alleged” when referring to the criminal activity of the suspect. 

More subtly, publishing of the prosecution’s case without proper defense argumentation may constitute presumption of guilt.  Publishing a roster of arrested suspects may constitute undeserved punishment as well, since in practice it damages the reputation of innocent suspects.  I feel this also applies to the defendant’s family members and to the witnesses and their families.

How would you feel if you were the sister, brother of a defendant or witness in the Anthony case…?  Think of Roy Kronk, before you fly off the words.

ei incumbit probatio qui dicit, non qui negat

6 Comments (+add yours?)

  1. Julia
    May 19, 2009 @ 01:04:16

    Tell the truth now. You work for the Anthony family, don’t you?

    • Finn Perkins
      May 19, 2009 @ 01:23:16

      no, never met them, I do live in orlando. I am not keen on slander and hope that most people are able to read sevral objective news sources before drawing an opinion on a case htat from my research is not an uncommon crime,, ye check this story out…
      A sheriff’s deputy arrived at 5:43 a.m. to aid in the search and was in the home when the baby was found in the microwave oven.

  2. Boston
    May 19, 2009 @ 07:36:59

    Mr and Mrs Anthony, Lee Anthony, Roy Kronk, Dominic Casey, Jose Baez, Tony Lazzaro, ZFG, et al are just a few of the secondary voices in the upcoming trial of FL v. Anthony. Long before Casey Anthony reported the abduction of her child Caylee, we have had the safeguards to our freedoms in place. It is not as a result of these freedoms that we mourn the loss of privacy these people have had to endure or the criticism(s)that are now attached to them. They came in contact with the accused or the victim and their lives will be forever altered. They will never be incarcerated for their association; their liberties as Americans are in place; they will God willing live a long and prosperous life no matter what happens as a result of this case. The foundation of our freedoms is not on the precipice of disaster.

    Remember nothing anyone does in this case will warrent a review of how Discovery is published and who gets to read the minute details of who, how, when, and where this crime was carried out. They are two separate issues.

    Casey Anthony’s voice was muted once she was arrested.That is her right. She plead NOT GUILTY. That is her right. She said nothing substantive prior to her arrest. She lied and lied and as a result of her lies an investigation began. What happened after the investigation began was out of the control of the accused, LE and the citizens of Orlando.

    When the law is up against an accused person without a conscience it is, historically, an uphill battle. A simple review of the legal literature will suffice.

  3. Diana
    May 19, 2009 @ 21:21:45

    Once again…………When will it sink in to this blogger that the reason there is no comments means that she needs to find a new hobby. Writing is not your thing sister.

  4. Boston
    May 20, 2009 @ 08:33:14

    There is no need to hurt someone’s feelings. Finn is fine tuning her skills as a writer and we all need to understand that it takes time and effort. Diana, patience is a virtue.

%d bloggers like this: