Crime -- United States; Criminal justice, Administration of -- United States; Criminals -- United States
Now, if out of a clear sky Jones accuses Robinson of being a thief we
know by experience that the chances are largely in favor of Jones's
accusation being well founded. People as a rule don't go rushing around
charging each other with being crooks unless they have some reason
for it. Thus, at the very beginning the law flies in the face of
probabilities when it tells us that a man accused of crime must be
presumed to be innocent. In point of fact, whatever presumption there is
(and this varies with the circumstances) is all the other way, greater
or less depending upon the particular attitude of mind and experience of
the individual.
This natural presumption of guilt from the mere fact of the charge is
rendered all the more likely by reason of the uncharitable readiness
with which we believe evil of our fellows. How unctuously we repeat some
hearsay bit of scandal. "I suppose you have heard the report that
Deacon Smith has stolen the church funds?" we say to our friends with a
sententious sigh--the outward sign of an invisible satisfaction. Deacon
Smith after the money-bag? Ha! ha! Of course, he's guilty! These deacons
are always guilty! And in a few minutes Deacon Smith is ruined forever,
although the fact of the matter may well have been that he was but
counting the money in the collection-plate. This willingness to believe
the worst of others is a matter of common knowledge and of historical
and literary record. "The evil that men do lives after them--" It might
well have been put, "The evil men are said to have done lives forever."
However unfair, this is a psychologic condition which plays an important
part in rendering the presumption of innocence a gross absurdity.
Public-domain text, read in full here on John Shaqi.
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