The Presumption Of Innocence

Some confusion over what that means from a letter-writer to the Taipei Times:

You guys on a daily basis keep pushing the “innocent until proven guilty” thing regarding former president Chen Shui-bian (陳水扁). You even have academics reminding your readers that it’s a basic human right. Correct?

Astonishingly, your same paper on a daily basis keeps pushing the “Chinese Nationalist Party (KMT) selling out Taiwan’s sovereignty” thing based on your assumptions that closer ties with China lead to unification with China under China’s terms. Now isn’t this branding the KMT “guilty until proven innocent?”

No, actually, it's not.  "Innocent until proven guilty" is a presumption that applies to courts of LAW, not to the court of PUBLIC OPINION.

Big difference.

Look, literally MILLIONS of people believed O.J. Simpson was guilty of murdering his ex-wife and Ronald Goldman.  And in the court of public opinion, people are entitled to hold whatever opinions they like about criminal suspects.  But in courts of law, things are supposed to work a little differently.  In a court of law, the onus is on the prosecution to prove that the defendant is in fact guilty of the crime with which he has been charged. 

Personally, I DO think that the KMT is selling out Taiwan.  That's my own opinion, and that's a POLITICAL opinion.  But should the day ever come that some ambitious prosecutor decides to prosecute KMT President Ma Ying-jeou in a court of law on the charge of treason, then they will have to PROVE in a courtroom (beyond a reasonable doubt) that Ma did, in fact, "sell out Taiwan".

Until they do so, Ma Ying-jeou is innocent before the eyes of the law.  But what about before the eyes of the citizenry and foreign observers?  Why, they are at liberty.  At liberty to keep their own counsel on the matter.


UPDATE:  Just move along, there's nothing to see here.  KMT politicians in the Taiwanese city of Taoyuan produce a calendar featuring a People's Republic of China holiday (National Day — Oct 1st) as well as a make-believe, non-existent holiday called "Reunification Day".

But since the KMT isn't trying to sell out Taiwan to Communist China, there's absolutely nothing to worry about.

Leave a Reply

Your email address will not be published. Required fields are marked *