“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

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