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Sunday, January 03, 2016

What happened to the presumption of innocence until proven guilty in a court of law?

By: Abigail Bailey
SBYNews


The mass media machine has been convicting suspects before trial since Lee Harvey Oswald in November 1963 but now, the epidemic of this Constitutional infringement has reached an unfathomable proportion. In today’s world of fast facts, we find ourselves inundated with information on suspects within hours of criminal investigations, thus, spurring a rush to judgment. A new documentary has introduced a new dialogue about the media role in convictions that will surely have you questioning where the lines are truly drawn in our society.

On December 18, 2015, Netflix premiered one of its newest documentaries called Making a Murderer, featuring the story of Steven Avery. Born and raised in Manitowoc County, Wisconsin, Avery was a guy with a below-average IQ and checkered past – but nothing that constituted odious violent tendencies. However, his family never fit into the township or county; therefore, when a sexual assault in 1985 occurred, he was an immediate (and only) suspect.

Filmed over a decade, documentarians, Laura Ricciardi and Moira Demos, bring to light the corruption and biasness perpetrated on Avery in both cases while challenging the judicial line within communities all over America. After being incarcerated for almost two decades for a crime he never committed, within two years of his release from prison, Avery found himself in the law enforcement crosshairs once again. However, this time, there was a $36M reason to defame him.

An example of this within our own community is the fact the Salisbury Police run weekly shoplifting suspects with justification that it is meant to serve as a deterrent. However, constitutionally, these suspects are supposed to be presumed innocent until a judge, jury or plea deal says otherwise. Like Avery’s District Attorney, Ken Katz, our police rushes to broadcast these suspects’ names, mug shots and, sometimes treat us to the horrific scenario, in social media and local newscasts to fling a negative light on them.

Were we asleep when the presumption of innocence was eliminated from our inalienable rights or has law enforcement taken it upon itself to just disregard them?

This documentary is well worth at least one viewing as it provokes the viewers to examine the judicial abuse and malfeasance within their own communities. As Avery’s defense attorney, Jerry Buting laments, “We can all say we will never commit a crime, but we can never guarantee that someone will never accuse us of a crime. And if that happens, good luck in this criminal justice system.”

22 comments:

Anonymous said...

A basic tenet of western civilization is the belief in the fairness and impartiality of the justice system. Our founding fathers tried to quantify and ensure this with the Bill of Rights. Unfortunately our politicians and courts have been systematically usurping these rights over the last 14 years and we haven't done anything to protect these rights. Only in the past few years have people finally woken up and started to do something about it. Black people realized this a long time ago. The system has made criminals out of all of us.

Anonymous said...

You should do a follow up on the shoplifting suspects court outcome, or any other crimes that are published

Anonymous said...

Half of the people in this country have a below average IQ. That's a fact!

Anonymous said...

Ask Obama, Jarrett,holder black lives anarchists.

lmclain said...

You cheerleading Bozo's did this to "we, the people". In your zeal to show the rest of the serfs what a "goot ci-di-zen" you were, you happily surrendered EVERYONE'S rights, not just yours.
Now, our slimy, bribe-taking, two-sets-of-laws "leaders" ASSUME that we don't really WANT any rights. We want someone to take care of us.
Promise us "safety" and "security".
So we have "stop and frisk" of hundreds of thousands of previously assumed to be innocent citizens. Warrantless searches. SECRET TRIALS!! and secret charges. Police routinely confiscate BILLIONS of dollars from INNOCENT Americans and KEEP IT. No charges, just armed robbery by the agents of the law (??!). 24-7 top to bottom surveillance. Phone taps. ALL MAIL photographed front and back (didn't know that?). Travel is tracked, photographed and documented.
You people who "have nothing to hide" surrendered so easily that we will likely NEVER get back even a shadow of the Bill of Rights.
Remember those Third Reich photo's of the millions cheering Hitler?
I think I saw you. Yep. Third row, 2nd from the left. Still have that swastika, too, I see.
Keep cheering.
I'll be seeing you soon.

Anonymous said...

348 you have some real issues.. Why do you stay anonymous?

Anonymous said...

3:19 Unfortunately you are looking at IQ incorrectly. 50% of the people are at average, 25% are above and 25% below.

Anonymous said...

302 got it right

Anonymous said...

It all started with the mad mothers wanting SUSPECTED DWI cases were posted prior to verdict. Every bit as wrong

Anonymous said...

"...3:19 Unfortunately you are looking at IQ incorrectly. 50% of the people are at average, 25% are above and 25% below..."

??? Must be a product of Wicomico public schools.

Anonymous said...

Joe can you post the story on how a republican strategist Rick Wilson on MSNBC said trump needs a bullet in his head.and why he has not been Arrested.

Anonymous said...

Sorry...but that isn't how it works. When you say "average" you are actually referring to a range, typically inclusive of standard deviations above and below the middle, or "average".

Out of a hundred random people, there will be a certain range of IQ's. Most will fall within a few standard deviations from the mean, or "average".

If 100 is the set point as "average", it is highly unlikely that 50 of those individuals will measure an exact 100, with the balance equally distributed above and below. Rather, 50 will be distributed in a range spanning above and below. The other 50 are "outliers", and represent the extremes...both the highly intelligent as well as the retarded at the furthest measurements from the "average".

lmclain said...

4:05...

"I don't give them hell; I just tell the truth and they THINK it's hell."
Harry Truman

Did I lie or just touch a nerve?

AB said...

I believe that all those fixated on IQ are missing the point here. The point being that Steven Avery is serving a life sentence without possibility of parole for yet another crime where none of the evidence indicates he perpetrated a crime; yet, he was tried via newscast and press conferences. Ken Katz, the special DA appointed to try this case, instill guilt through the press making it impossible for Avery to go into a trial with any presumption of innocence until proven guilty by an impartial jury of his peers. This was not the case. The documentary serves as a cautionary tale where even innocent people can be tried and convicted - especially when for fifteen months prior, the potential jury members are being told one is guilty.

AB said...

The best thing to do is watch the documentary and form your own opinion about the situation -- and how it pertains to all suspects involved in criminal investigations - be it petty crime up to first degree felonies.

Anonymous said...

Anonymous Anonymous said...
Half of the people in this country have a below average IQ. That's a fact!

December 30, 2015 at 3:19 PM

that is mathematically impossible.

everytime someone says, "that's a fact", it usually isn't.

Anonymous said...

Imclain is totally right! Only brainwashed libtarded morons riding on the marxist ship of fools dont see that. Guess 4:05 would be first in line for his cool forehead stamp.

Anonymous said...

this documentary is amazing!! definitely worth the watch. will open your eyes to so much.

Anonymous said...

Clain there you go again spoating you liberal agenda. The fact is some people can not handle total freedom. So where do you think the line should be drawn. After someone rapes or kills your mother. Your rationale equates to all Blacks are bad becuase one screws up or all Whites are bad because one screws up.

Freedom never has been free. To compare America to Nazi Germany shows how incompetant you truly are. A race of people were almost wiped out because they were Jewish. This is not even close.

The officers involved if proven they set this man up should be charged. The staing that Government has to steal innocent people's money is ludicrious. All they have to do is print more dumb ass. They have the total control. Now that is another issue in its self.

Get real Clain I am positive you have never served your country or anyone else for that matter. You need some serious counseling. If think America is so bad there are many countries that would be happy to have you. Oh then you would have to leave moms basement and get a job.

lmclain said...

2:51....You need to pay more attention. Work on spelling, grammar, and sentence construction after that.
I'm a Vietnam era veteran with an honorable discharge and a box full of awards, trophies, and commendations. Same job for 18 years. Registered Republican voter. Also, a homeowner, taxpayer, and a license that doesn't even have a seat belt ticket or ANY points.
You also need to read the news once in a while.
According to the GOVERNMENT itself (!), police agencies, just last year, TOOK (confiscated, stole, robbed, pick one) over SIX BILLION dollars in cash and property from "we, the people". Did they files charges? Was there a court date? Nooooooooo. When a guy with a gun takes your money, what do YOU call it?
Because I believe the Constitution LIMITS the government and it should apply to EVERYONE (police, politicians, corporate CEO's, the wealthy, etc.).
You also are too weak minded to see that the comparison to the wildly cheering crowds for Hitler to the sheep in THIS country who stand by and allow their rights (given to us by GOD, not any man.....) to be eviscerated is a valid one. Those Germans LOVED it when their leader imprisoned and killed their enemies and convinced them that he HAD to do the things he did for their "safety" and "security" (sound familiar, Forrest?).
Man. Get an education. Stay up with current events, not just who is playing football this Sunday. I can't do much about your IQ, but as has been said before, "When others think you are a fool, it's best to keep quiet and not prove them correct."
YOU go on and keep cheering.

Anonymous said...

I'm with Claim on this one. It won't be long now.

Anonymous said...

Abigail's post here makes some excellent points. Perhaps it has to do with the oft-decried "24-hour news cycle", but we've sure given gossip and innuendo some big new powers in this country. Many times it may not matter much what happens in court.. the person is tarred for life.
The establishment politicians rely very heavily on this.. they take troublemakers into the back room and explain the facts of life to them. Go along with us. If you don't, some very ugly allegations may appear; whether they're true or not is irrelevant. The damage will be done.

Think 'Herman Cain.'