RealDave
Gold Member
- Sep 28, 2016
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What has been portrayed in the press and by our politicians, Kavanaughs legal presumption of innocence has been challenged.I don't think even you could "apprehend" your own point..... You seem to be running in circles looking for it...
My point, which others have also brought up, is that a vote on a Supreme Court nominee is not a trial and the legal concept of innocent until proven guilty does not apply. Legally Kavanaugh remains innocent of any crime, but there is no requirement for the representatives to vote based on his legal innocence, nor even to take his innocence or guilt into consideration.
Not every legal process involves the concept of innocent until proven guilty.
Whether the accusations are fantasy allegations or based on facts, the representatives who are voting are not legally required to assume Kavanaugh's innocence so far as I am aware. They are not even required to take his innocence or guilt into account in their voting.
The idea that the legal system is being changed by these accusations is ridiculous. The legal system has not presumed that Kavanaugh is guilty. What public opinion or the personal opinion of the representatives might be does not change Kavanaugh's legal presumption of innocence.
Still too unclear for you?
Kav has been convicted in the court of public opinion. I know this wasn't a criminal case. The optics I have witnessed made me wonder if liberals think its time to change the rule of law? You are one of the few from the left that gave a thought provoking answer to the question. Most gave responses which was why the question seemed relevant.
I'm not "from the left," but I appreciate the post.
I completely agree that too many people have seemingly assumed Kavanaugh's guilt based on partisan affiliation. To be fair, I think plenty of people probably believe in his innocence not because of the concept of innocent until proven guilty, but because of partisan affiliation.
Unfortunately you are almost certainly right that there are some extremists who would like to see the presumption of innocence degraded, if not done away with; in certain cases, at least. I don't think it is any sort of general movement among liberals, though. I certainly hope not! However, again, the rule of law has not been challenged here. Kavanaugh is not being charged with a crime, so innocent until proven guilty does not apply. Legally speaking, he maintains the presumption of innocence, regardless of the result of his confirmation vote or the hooplah surrounding it.
Since the proof of guilt requires a trial, are you saying that everyone is innocent of any crime that is too old, or has no witnesses or physical proof?
This is a case of he aid/she said.
Ford said yes, Kavanaugh said no, his buddy in the room can't remember. Criminal cases involve this situation often. I think of Jerry Sandusky, Those priests, Bill Cosby. These do get prosecuted & it comes down to credibility.
We know Kavanaugh lied under oath about his drinking and several other points.
We know the FBI investigation never spoke with other accusers, other classmates with information, never investigated the lies. We know Trump liedabout the scope of the FBI investigation as did Grassley.We know Judge Roberts hid complaints he had received from the District Courts in DC.
It comes down to character & credibility. Kavanaugh showed neither in his rant-like testimony.
The Republican party showed no character whatsoever.
I'm saying just what I posted. Legally, everyone is presumed innocent until convicted of a crime; that includes Kavanaugh.
So Jerry Sandusky never molested anyone until his trial ended with a guilty verdict?