“Ei incumbit probatio qui dicit, non qui negat”. Yeah right…

I find it, or feel, too disturbing, more than the usual, the public sentiment symmetry about the Anthonys and DSK cases. In a country where supposedly the presumption of innocence is paramount, the opposite works: show me you are not guilty. Will people ever get rid of their Jim Crows genes??

Here goes wiki: “”Presumption of innocence” serves to emphasize that the prosecution has the obligation to prove each element of the offense beyond a reasonable doubt (or some other level of proof depending on the criminal justice system) and that the accused bears no burden of proof.[14] This is often expressed in the phrase innocent until proven guilty coined by the English lawyer Sir William Garrow (1760–1840).[15] Garrow insisted that accusers be robustly tested in court. An objective observer in the position of the juror must reasonably conclude that the defendant almost certainly committed the crime.[16] The presumption of innocence is in fact a legal instrument created by the French cardinal and jurist Jean Lemoine to favor the accused based on the legal inference that most people are not criminals.[17] It is literally considered favorable evidence for the accused that automatically attaches at trial.[18] It requires that the trier of fact, be it a juror or judge, begin with the presumption that the state is unable to support its assertion.[17]

BHL at Slate:  “It is a worldview that takes its name from the French nationalist writer, contemporary of the Dreyfus Affair, Maurice Barrès. And it is particularly and precisely in reference to Captain Alfred Dreyfus that he uttered the famous phrase, “That Dreyfus is guilty, I deduce not from the facts themselves, but from his race.”


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