Courts, Criminals and the CamorraTrain, Arthur Cheney
History
Courts, Criminals and the Camorra
Train, Arthur Cheney
Camorra; Criminals -- United States; Justice, Administration of -- 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 is 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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