Is the Presumption of Innocence an Antiquated Acceptance: Or are we Programmed Robots?
- Sep 11, 2020
- 6 min read
Updated: May 12, 2021
When did an erroneous society become an accepted standard? Why do we believe everything we read on the internet without being responsible for having a sound judgement? Why don’t we question, what I call the 'cut and paste' journalism that has evolved? Why do people’s lives have to be destroyed because of irresponsible reporting? Readers call for the death of the accused without even a modicum of sensitivity or reliable data. The internet has changed people’s minds over time, and people are just conforming to a fake world of disinformation, polarity, and non-researched propaganda.
This cut and paste journalism is evident in people like Russell Ingold, editor of the Fontana Herald News. His irresponsible reporting of half truths, omissions, and vulnerable photos have led to the guilt of a promising young man in social media. When asked why his reporting left out vital information on the behalf of the accused, his response was, "If I spent any time researching every article that I write, I wouldn't get anything done. And you can quote me on that."
What happened to innocent until proven guilty?
People don’t care about what is true. People are more concerned with their “likes” on a post or reading information that only tells them they are right. People would rather applaud fake security with a ‘click’ because it is instantaneous. Few people want to take the time to invest in moral high ground or the laws of this country.
Let’s see if I can bridge the gap between truth and lies.
In the legal system, an allegation is a claim against someone that becomes official once it is reported to authorities. Such claims lead to an investigation which determines whether the accusation will lead to someone’s status as either innocent or proven guilty. An allegation is NOT a guilty verdict (let’s crucify procedure), however it seems that in this, 2021 society, it has become a practiced methodology.
There are several truth types that become manifest based on realities, facts, and personal beliefs. Whether these truths are based on coherent objectives is debatable. When individuals subscribe to personal truths created on personal agenda, these “truths” can have powerful emotional energy that can distort our judgement. This such action became evident to a young student last fall, thanks to irresponsible reporting.
This seems to be more evident in our cut and paste world of journalism where facts are omitted, data is skewed, and no research-based evidence is offered to support claims of sexual assault, rape, or murder such as the stories back in 2006 of the Duke Lacrosse team and Mark Sanchez, former USC quarterback. Michael L. Jackson, USC’s vice president of student affairs, said that Sanchez would be put on “interim suspension” while the case was pending, meaning that the athlete cannot attend class or participate in other student activities until the university reviews the situation further.
“We need to understand better what’s going on before we can make a determination of anything,” Jackson said.
If this is so, then why can’t a non-athlete, gay, Hispanic man be afforded the same courtesy? In my opinion, Claremont McKenna, acted hastily in expelling this man without the benefit of due process, thus destroying his character, hard work, and future.
But we live in a free country, which allows us to build habits of believing everything we read as facts, and then add that to a mug shot photo, where you are at your most vulnerable, and it becomes a picture perfect of guilt. I am often confused why most people are so apt to hang, shoot, torture individuals based on personal truths rather than what should be objective truth.
Why are we preaching cultural diversity in terms of creed, color, culture; encouraging all to view with open minds, if we cannot even abide by the laws that are set in place to protect? Innocent until proven guilty is a principle that many will argue is a sacred code set by the American criminal justice system; holding that it is the prosecution who must prove beyond a reasonable doubt, that the accused committed the alleged crime.
And so, the story goes, of another accused, tried, and convicted man in social media before a shred of evidence against him has been proven. His story goes something like this:
One day a young, smart, hard-working philanthropist and student was lonely and seeking a loving relationship. Being a gay, Hispanic 20 something is not as accepting as you would like to think even in 2020. Family and friends are tolerant, but not overly accepting, when it comes to this type of lifestyle.
This young man met someone on Grindr, an app for LGBTQ+ people to hook up in just these instances. He chose this app because you must be 18 years old or older to join the app. He met someone (and trusted him when he told him he was over 18) drove to the destination to meet him, and a hook up ensued. Several days later, this young man entered a world of hell beyond belief, accosted in his hometown, arrested, processed, and put in jail. The charge? Sexual assault of a minor.
And so, the nightmare continued.
Keep in mind that any sexual activity with a minor is considered sexual assault in the eyes of the law even if
There is an exchange of unwanted nude photos (e.g., the accuser sent them)
It was consensual
The parents find out and are the ones to file the complaint
By law, once the police are notified that a claim has been filed, no matter what, they must arrest the person that is being accused. As a survivor, I am not condoning sexual assault, ever! However, in this country we do have rights in place. And in this instance, this gay man who has been accused, cannot publicly defend himself, lest his case be ruined.
You might ask, “Well, what about the thousands of child pornography that were found on the accused’s phone?’ Yes, on paper this is disturbing. However, we are once again given nebulous information. If these are photos of children, then define ‘children.’ What are the actual ages? There is a big difference between a 5-year-old, a 12-year-old, and a 17-year-old one month shy of 18. Are these photos from high school that the accused forgot to delete? Are these photos from the minor, whose parents are now filing a claim? We don’t know. And we won’t know until the evidence is displayed in a court of law.
What happened to innocent until proven guilty?
Pretend that you met someone you deemed gorgeous on a dating app. You met up, had a wonderful date and left feeling awesome. Suddenly, two days later you are being arrested for date rape or some form of sexual assault. You get fired from your job, all your friends drop you and everybody on social media is shaming you or calling for your death. You can’t speak to ANYONE and your family is tolerant but not really supportive. How would you feel? You TRUSTED this person. You talked with them for at least a month and now you feel like ending your life.
I propose that users of dating apps carry an ID scanner or take photos of dates’ ID so that you have shown due diligence in taking the proper procedures to ensure you are with a legitimate adult. This should be the new normal as a safety precaution for your life. This is important because platforms like Grindr are not held responsible for their faulty system that defaults ages by allowing users to redo their ages if the system shows an error.
The time has come to get smart about your internet and social media use. Instead of imploding on someone, first treat them like it is your child, mother, father, grandparent, or spouse. Or just stick to the old golden rule: “If you can’t say something NICE, then don’t say anything at all.”
“There are only two industries that call their customers ‘users’:
illegal drugs and software.”
Edward Tufte
(This was first published in September 2020, and this young man is still incarcerated with no bail and no trial in sight. Please make sure that you know all the facts before you judge an individual)
Patti Martin is a Mindfulness Education coach who works with at-risk youth developing self-esteem.
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