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As part of its continuing efforts to promote and protect the Constitution, I believe it is important to remind readers – in the wake of the recent terrorist attacks, in light of recent political events, and during the busy Christmas Weekend – of this important principle, “Innocent Until proven guilty.” Here’s an excerpt from a short paper delivered by Professor James F. Tracy on the nature of criminal and civil liberties:
In a nation where innocent until proven guilty is the norm, the law is only meant to protect the individual. In a nation where civil liberties are a basic right, it is a basic duty, therefore, to guard against the use of the law to criminalize the exercise of these liberties. The principle is based on the idea that “innocent until proven guilty” means that even the most heinous of the perpetrators have not carried out their plan in the manner in which they were charged. The “innocent until proven guilty” principle may seem obvious to outsiders but is seldom applied when it comes to national security. In this case, it would be equally true that even the most heinous of the terrorist acts is not necessarily the case; the accused terrorists have not carried out the act in the manner charged. Thus, the principle asserts that the “innocent until proven guilty” principle applies to the public’s right to know – and it does. At any rate, it would be extremely surprising for a court to find that the rights to privacy and free speech in any particular instance have been infringed by national security actions, even when this is their intent.
The Court’s decision in the current presidential election
One of the first areas the Supreme Court addressed was the constitutional implications of the election of a new president. It will be up to the justices to decide if it is proper or proper to publish a list of voters that the
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