The collision of paradigms: the United States legal system rests on a single keystone premise, Innocent until proven guilty. Victims advocacy (of every stripe) rests on a different keystone premise, Always believe the plaintiff, no matter what. These two conceits cannot coexist peacefully. The former was put in place by the Founders so that (theoretically) no innocent soul need suffer punishment. It also has the unintended side effect of occasionally letting guilty men go free. The latter is intended to combat injustice and past patterns of disbelief on the part of authorities. It also has the unintended side of effect of allowing false narratives to overtake public and political discussion, which can lead to overcompensation and miscarriages of justice. Whats the fix for this? Is there even a fix? I do wonder.
Posted on: Thu, 11 Dec 2014 15:00:54 +0000
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