For the record, I respect Fred, his opinion and all others who present here. I also very much respect and appreciate the work that NARSOL has done.
My concern is conflicted very much by the honorable intent that the metoo movement brings foward, yet the hypocrisy of its motto in believe all (yet, not those against democrats) and its contrary philosophy which undermine the very constitution that we especially, in fact, insist our society abides.
Respect accusers? Ok, no problem…until theyre allegations dont hold water. Many even most perhaps will, but some wont. Believe accusers from the very onset… no I wont. We are directed to presume innocence until reasonable doubt is presented. What is reasonable doubt? Wiki says it’s this…This means that the proposition being presented by the prosecution must be proven to the extent that there could be no “reasonable doubt” in the mind of a “reasonable person” that the defendant is guilty.
Webster says this….. A reasonable doubt exists when a factfinder cannot say with moral certainty that a person is guilty or a particular fact exists. It must be more than an imaginary doubt, and it is often defined judicially as such doubt as would cause a reasonable person to hesitate before acting in a matter of importance.
Both definitions are arguably vague. But there is a reason for its vagueness that the founders considered. 12 jurors on a court will interpret this definition based on their own moral conscience when there may remain reasonable questions regarding guilt. They all must overcome their conscience and in doing so requires a leap of conviction torward the accused that satisfies each individuals own conscience. Ultamately there are 12 that must agree on guilt. Clearly, the founders thought it best to err on the benefit of doubt – out of respect for the innocent. They considered themselves enlightened, and they understood what Voltaire meant….
Now, reverse that notion, and our belief in American justice and the whole judicial system folds. The presumption of the accused now becomes guilty; the accuser is exhalted and always believed…a trial by jury pointless; a waste of time. Mete out punishment upon accusation…afterall, the stats indicate Kavanaugh is most likely…95% guilty of the offense alledged. Hell, let’s forego due process too. Put him on the registry…
Back where we started almost 300 years ago….full circle.