George Zimmerman, Presumption Of Innocence And Mob Mentality
With all the media coverage surrounding the death of Trayvon Martin by George Zimmerman, and the local Florida law enforcement’s handling of the matter, it’s impossible not to feel that something is amiss.
Many in the public are calling for lynch mob-like retaliation in response. I’ve heard grumblings that if executed on, would amount to revoking a suspect’s rights to a presumption of innocence. Specifically, some are demanding that an exception be made to centuries of common law, and the constitution in the case of George Zimmerman.
The presumption of innocence comes from the due process clause of the constitution, and is a recognized principle of common law around the world. It is the hallmark of a civilized society that has opted not to throw people in jail and make the accused prove that they are innocent.
The burden of proof is on the government to prove a person guilty. The burden to find someone “guilty beyond a reasonable doubt” applies to each element of a crime. The Supreme Court said, in In re Winship, “The Due Process clause protects the accused against conviction except upon proof beyond reasonable doubt of every fact necessary to constitute the crime charged.”
Founding father, second president, and attorney, John Adams said, “It is more important that innocence be protected than it is that guilt be punished.” I agree.
The policy of all law is the answer to the question, “on which side do we err?” If citizens could be rounded up on mere speculation, declared guilty, and made to prove their innocence—well, by my reckoning, that’s un-American.
George Zimmerman deserves to be exhaustively investigated, and I believe a thorough investigation is underway. To make an exception to established principals of jurisprudence, grounded in centuries of common law intended for the protection of us all, would be to collectively shoot ourselves in the foot.
It could turn out that Zimmerman is never prosecuted, because a really stupid law has made it impossible to establish probable cause for his arrest and prosecution. In which case, be equally pissed at the fools who make bad laws at the behest of lobbyist.
Two people were physically there on the night of this American tragedy, Martin and Zimmerman, yet thousands are citing facts, figure, and showing pictures that are outdated, irrelevant, and bias. You are right Colin, I am pissed about the laws, the Mob mentality and I am royaly pissed at anyone who believes they “know” what happened.
Very well said Collin. I do hope they will do something with the “gunfight in the street” law.
Right on Collin.
Brilliant analysis and exactly what’s happening. Thanks.