In the context of American justice, “innocent until proven guilty” means that nobody is legally guilty of a crime until a court proceeding has ruled so after a fair trial. The term is nowhere in the Constitution or Bill of Rights; it flows from the Due Process clause of the Fifth Amendment, requiring that no one can lose his or her freedom or property without due process of law. What it does not mean is that a wrongdoer is literally innocent of a crime until a jury or judge has officially declared that he is. If he did something, he did it, and if we all know he did it, we don’t have to pretend he didn’t or that we don’t.

I saw Jack Ruby shoot Lee Harvey Oswald on television and get taken into custody on the spot, and still had to listen to broadcasters say he “allegedly shot Kennedy’s assassin” as if it was still just a theory. By this standard, John Wilkes Booth only “allegedly” shot Lincoln, since he was never tried. The fact that a theater full of people saw him do it, leap to the stage and run off derringer smoking, doesn’t mean a thing. He’s as pure as the driven snow, innocent forever. Continue reading →