The Presumption of Innocence
Part of the very bedrock of our legal system, the Presumption of Innocence provides protection for us all. This principle of law has been traced back past England, Ancient Greece, Ancient Rome and, according to some, as far back as Deuteronomy. And yet, I see many of us appear not to believe in a person's right to be considered as innocent until proven guilty in a court of law. Remember it was Sir John Fortescue who said, "one would much rather that twenty guilty persons should escape the punishment of death, than that one innocent person should be condemned, and suffer capitally."
Recently, a Member of the New South Wales Parliament was stripped of his portfolio and removed from the Labor Party. Can you imagine being dismissed from your job simply because you were accused of a crime? Right about now is where some people pipe up and say "But if the police don't have any evidence against you, you wouldn't be charged!".
To that, I say "Rubin Carter!".
Here's a scenario for you... You're walking along and you come across a dead person, a dead person who has obviously been murdered. There're multiple stab wounds, his throat has been slit and he's lying there in a pool of blood. You go to his aid, going down on one knee near his chest while you try to revive him. Your foot leaves an imprint in the blood next to his body. Fibres from your trousers are stuck in the congealing blood. Your fingerprints are on his chest, leaving evidence of your presence for all the world to see.
You report this heinous crime to the police who immediately seal off and take over the crime scene for their investigations. Weeks later, you're arrested and charged with the murder. You know that you didn't do it, however the police can only find evidence that points to you. There are no other fingerprints on or near the person, or least none that can be readily identified. Yours however have been.
The media obviously finds out about it, they have ambulance chasers whose job it is to keep track of this sort of thing. And the next thing you know, there's your photo on the front page of the five largest circulating papers in the country. With the headline "Murderer arrested after heinous attack!" in big bold print, right across the page.
Next thing you know, you're out of a job, with no money to pay for your defense. But you're innocent, right? Wrong, you're guilty!! What would your friends, family, acquaintences and colleagues think of you?
This is what the Presumption of Innocence does, it protects you from that. Or at the very least, it's supposed to. So the next time you say that an innocent person who's been accused of a crime should be imprisoned for life (or worse!), please just remember that it could just as easily be you standing in that dock.