Can we stop conflating criminal procedure with political or judicial fitness?

Author: conorlarkin (10307 Posts - Original UHND Member)
Posted at 5:08 am on Feb 5, 2019

Yes. The accused enjoys the presumption of innocence in a criminal case unless and until the prosecution can meet its burden of proof, establishing guilt beyond a reasonable doubt as determined by a jury with all 6th Amendment protections afforded to the accused.

Such protections are not afforded to a Supreme Court nominee or a candidate for office or an elected official.

Nevertheless, the public should indeed be suspect of allegations that surface in the political arena that have not been properly vetted or fairly scrutinized, particularly when the timing of the allegation is ripe with motive to smear, and/or the individual denies it.

However, there is not a requirement that the allegation be proven BRD in a courtroom before it can be given any weight as to one’s fitness to serve in office or on the bench.


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