My niece Claire has her own website, complete with pictures, at claire.smedbergs.us. Now, you might say, how does a person that’s about, oh, 18 hours old have her own website? Well, that’s the kind of thing that happens when one’s daddy is a Mozilla developer. Congratulations again to the Smedbergs!
April 2005
Welcome Claire!
Sometime in the past hour or so, my sister gave birth to Claire Jane Smedberg (7 lb. 10 oz.) Thanks so much to those of you who kept Suzanne and Claire in your prayers; I am told that mother and baby are doing well. Suz and Ben and the family live a little farther away now, so I haven’t yet had a chance to visit my newest niece, but I am going back up to Pennsylvania this weekend, and you’d better believe I’ll be bringing my digital camera with me. Oh, and by the way, little Claire’s birthday is only three days before her mother’s. Quite the birthday present, no?
Presumption of innocence
Well, it apparently doesn’t say we’re “innocent until proven guilty” in the Constitution. It does have this cute little bit about not being “deprived of life, liberty or property without due process of law”, but hey, what does that mean? In 1895, the Supreme Court decided to step in and clarify the issue a little more:
The principle that there is a presumption of innocence in favor of the accused is the undoubted law, axiomatic and elementary, and its enforcement lies at the foundation of the administration of our criminal law. [156 U.S. 432, 454] It is stated as unquestioned in the textbooks, and has been referred to as a matter of course in the decisions of this court and in the courts of the several states. […] Concluding, then, that the presumption of innocence is evidence in favor of the accused, introduced by the law in his behalf, let us consider what is ‘reasonable doubt.’ It is, of necessity, the condition of mind produced by the proof resulting from the evidence in the cause. It is the result of the proof, not the proof itself, whereas the presumption of innocence is one of the instruments of proof, going to bring about the proof from which reasonable doubt arises; thus one is a cause, the other an effect. To say that the one is the equivalent of the other is therefore to say that legal evidence can be excluded from the jury, and that such exclusion may be cured by instructing them correctly in regard to the method by which they are required to reach their conclusion upon the proof actually before them; in other words, that the exclusion of an important element of proof can be justified by correctly instructing as to the proof admitted. The evolution of the principle of the presumption of innocence, and its resultant, the doctrine of reasonable doubt, make more apparent the correctness of these views, and indicate the necessity of enforcing the one in order that the other may continue to exist.
Damn activist judges. 🙂
La la la… I can’t hear you…
So apparently three people were asked to leave a Bush town hall meeting in Denver a few weeks ago [Washington Post, try bugmenot for a free registration]. They did or said nothing disruptive, but were nonetheless “forcibly” ejected because one of them had a bumper sticker on their car that read “No Blood for Oil”. When asked about it, Press Secretary Scott McClellan said that the White House did “welcome a diversity of views at events”, but:
If they want to disrupt the event, then I think that, obviously, they’re going to be asked to leave the event. There is plenty of opportunity for them to express their views outside of events; there are protest areas.
Emphasis mine. Later in the same briefing, McClellan stated “If they’re standing up and disrupting an event, like I said, they’re going to be asked to leave.” But that’s not what he said. He said that if they want to disrupt the event, and that’s a very big distinction. If people are interrupting and disrupting and disregarding civil discourse, well, then there’s something to be said for asking them to leave. But these folks didn’t do anything. They just sat there, and they were asked to leave, because the organizers thought they were going to be disruptive. Isn’t there something in the Constitution about “innocent until proven guilty”? Did I just hallucinate that?
Also, in what way exactly does that “welcome a diversity of views”? It seems to me that when President Bush comes out to speak directly with the American people, situations somehow are arranged so that he ends up speaking only to people who already agree with him. And those aren’t conversations, but pep rallies. I think somebody at the White House needs to look up the words “welcome” and “diversity”, because they apparently don’t know what they mean.
I love my father very much, but he and I disagree on many political issues. Once, when I was complaining about this very issue, he said something to the effect of “why do I need to hear what the other side has to say if I already know what it is?”. At the time, I accepted the point, but the more I thought about it, the more troubled I got. That’s exactly the problem right now, all around the country. We as a nation don’t listen to each other (though I think Dad and I do). We get our news from different sources, sources that emphasize what we want to hear. We disregard or ignore what our opponents have to say, under the pretense that we’ve already heard it. What happened to consensus building? What happened to compromise, to finding middle ground? Why do we automatically assume that people who disagree with us are unreasonable?