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by shadowgovt
2398 days ago
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It's interesting that people have raised presumption of innocence until proven guilty to a philosophical principle, because its primary utility is as a legal principle. Presumption of innocence in criminal cases has value because the state has all the power (including the monopoly on violence), so if they are to use their monopoly on violence to deprive anyone of their freedoms, the burden of proof should be extremely high to offset the inherent power imbalance. In other words, even if all other things are equal, we should make the state's job harder because if the state is "cheating" to get a conviction it's a lot likelier they will succeed than the individual. As a larger philosophical principle, assumption of innocence isn't really proven out. Iterated prisoner's dilemma solutions suggest trust followed by tit-for-tat (i.e. presume innocence until someone shows they're willing to screw you over, then assume they're likely to continue screwing you over rather than assuming that was a one-off; this is a policy the law notably excludes, as past unrelated felony convictions aren't admissible evidence in a trial). I'm not saying we should toss presumption of innocence in the bin; merely that I'm skeptical of it as a deep true virtue to build one's values upon. |
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