Sunday, November 23, 2003

Innocent Until Proven Guilty

I don't intend to comment on Michael Jackson's current legal problems right now. I have an opinion, and I will express it at some time or another, but now I want to comment on the title above.

Everyone has heard the expression "Innocent Until Proven Guilty" but it seems that very few people really understand where or how it applies.

When a person has been charged with a crime they are IUPG (innocent until proven guity) in the courtroom. There is no law that requires that everyone in the world outside the courtroom to regard the defendant as innocent. When judges and jurors enter a courtroom they are required to put their personal opinions aside and judge only on the merits of the case. If a person is unable to do so, they should not serve either on a jury or as a judge.

In the court of public opinion, everyone is entitled to their opinion as to whether the person is innocent or not. Outside the courtroom, opinions are fair game.

Think of it this way, if everyone was legally required to follow the IUPG concept, then the Constitutional right of free speech would be worthless. I would not be able to express my opinion that I believe (enter any name) is guilty because he or she has not yet been proven guilty of the crime they were charged with.

So, IUPG applies only in the courtroom and especially to judges and jurors.

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