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"Not Guilty" Isn't "Innocent"

Saturday, July 23, 2011 – by Tibor Machan

Dr. Tibor Machan

An indication of the sad state of journalism is how often when people show support for the Casey Anthony verdict they are labeled as Casey Anthony supporters. But they could very well be supporting just one thing. That would be to accept the "not guilty" verdict. It is, after all, the result of an arguably elaborate jury trial in what is supposedly an entirely legitimate court of law. Once the jury reached its verdict, Anthony and any other accused person must be regarded not guilty as charged, in her instance primarily of murder. She wasn't judged innocent, which would require omniscience on the jury's part. Like her or not, believe what you will, the process that one must go through in this kind of situation resulted in "not guilty."

It is odd that standing up for the result once it is reached is considered supporting Casey Anthony. Only in one respect is it a kind of "support." That is, that within the framework of the criminal law, the case against the accused wasn't made successfully. She wasn't shown guilty beyond a reasonable doubt.

Some folks, on the other hand, appear to believe that the prosecution had to make the insurmountable achievement of proving Ms. Anthony's guilt beyond a shadow of doubt. That would be impossible to do since shadows include fantasies, imagination, wild guesses and so forth. Instead the prosecution needed to prove only that all reasonable doubt about her guilt had been rebuffed. And as the philosopher Ludwig Wittgenstein pointed out in his book On Certainty, such a doubt must be well grounded. But every member of the jury agreed that they didn't manage to overcome all reasonable doubt, so they reached the only verdict they could reach.

As Voltaire is supposed to have said, better for a thousand guilty to go free than one who isn't be convicted. Why so? Well, for one – aside from how precious human liberty is – because the prosecution has enormous resources with which to mount its efforts to get a conviction. It is, after all, THE PEOPLE vs. Casey Anthony. Symbolically or literally, the entire state of Florida was at work to convict Ms. Anthony before its legal representatives, namely the members of the jury. And it couldn't do so.

The O. J. Simpson trial resulted in a similar acquittal because the jury didn't find the prosecution's efforts to prove him guilty beyond a reasonable doubt to be successful. In a civilized country, that is the end of the case. Another reason is that members of the jury are presumed to have had the best opportunity for studying the pros and cons. The defense had to concentrate on refuting what the prosecution produced, while the latter had the responsibility – and ample opportunity – to make the case against the defendants.  You and I didn't, nor did all those who were outside the courtroom who were dissatisfied with what resulted from these trials and many others.

Of course, hope isn't often rational, so once the prosecutors pick a likely suspect, many of those who have been aggrieved – whose relative has been murdered or otherwise violated – will become partisans instead of objective evaluators of the case, as the members of the jury must be. But civilized men and women must resist such partisanship in the pursuit of justice which is supposed to be blind to favors and sentiments.

It is most important here to remember that these trials are a decent enough approximation to the best search for justice human beings can come up with. Only if someone has been shown to be guilty in the eyes of members of the community, represented by the jury, may the accused be deprived of his or her liberty. That liberty is, in a reasonably free country, a very if not the most precious element of a citizen's public life. So the only way to lose it is if the accusation of a severe crime is proven true beyond any reasonable doubt.

As one of the signs said outside the jail from which Casey Anthony emerged on Sunday morning, July 17th: "She is not guilty! Live with it."




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  Posted by CJM on 07/24/11 09:30 PM

Posted by Avatar on 07/23/11 11:56 AM
The entire trial seemed useless. If a mother kills her own child it would seem she is INSANE and should by law be free by reason of insanity. If she did not kill her child she should be found innocent. So why was a trial necessary? Societal Control? Cultural Fear?

It is not "cultural fear" let alone "societal control." It is a matter of setting a cold, calculating murderess free. Even the jurors said their own decision "made them sick to their stomach," which implies there was no shadow of doubt as to her guilt. There was more than ample evidence to prove the prosecution's case--so why did they set this murderess free? We will not have an answer today, but you can bet your bottom dollar that she got off scot free this time and will kill again...that is what sociopathics do.

  Posted by CJM on 07/24/11 09:22 PM

With all due respect, Dr Machan, your statement "It is odd that standing up for the result once it is reached is considered supporting Casey Anthony. Only in one respect is it a kind of "support." That is, that within the framework of the criminal law, the case against the accused wasn't made successfully. She wasn't shown guilty beyond a reasonable doubt" ignores the fact that some juries are rogue (or runaway) juries, which I feel is the case here. The prosecution more than adequately provided the necessary evidence of Ms Anthony's guilt. By their own admission, this jury did deem Ms Anthony as guilty; however, also by their own admission, failed to follow the instructions as given. They also considered things they shouldn't have in the deliberations--also by their own admission. Because of this, they believed THEY were above the law and set her free. I would like to see you write an essay that shows how a rogue jury creates a miscarriage of justice and how this totally ignores the victim. As an American citizen, I have no respect for this jury and never will.

  Posted by speedygonzales on 07/24/11 06:27 PM

Posted by flying_pig on 07/24/11 04:37 PM
"A few errors are worth the price."

Oh, I so wish you had been found guilty of a murder that you did not commit.

Anytime innocent is put behind bars means croox walkin on our streets. So more crimes commin' up. If people realize this they will lose their trust in system.

  Posted by speedygonzales on 07/24/11 04:58 PM

"The fact is the US has one of the highest rates of conviction when someone is arrested then anywhere in the world. 'Between 2000 and 2005, 99% of the 435,000 federal criminal defendants prosecuted nationwide were convicted' That's right a 99% conviction rate! No other democratic country comes even close. Our only competition is communist China. What happened to innocent until proven guilty? The truth is that in this country you are guilty until you are able to prove yourself innocent." Or in other words, Ye aint got no money fight corpoarte prisons stake holders who corrupted whole system to the bones. They own police, see Fuji add at NYPD zeppelin, they control judges over financing electoral campain.

That's makin' USA leader, beside waste production and corruption, :
"The US has 23.6% of the world's prison population and 748 per 100 000 behinds bars. That's right more the any of the communist countries, more than any of the countries that are run by corrupt dictators, war lords, and insane maniacs. How in the world is that possible the US is the single greatest, best, freest country God ever gave man right? The fact is that it's not. It's just not possible to be the freest country in the world while putting more of your citizens behind bars than anyone else.So rest assured America, there's no need to worry when that evil villain gets arrested, the hero can take the day off cause there's a 99% chance that the villain is going to jail. There are no legal loop holes for criminals to exploit, only a thin vale of protection for our rights in our pretend democracy. The truth is more innocent people are convicted of crimes that they did not commit than there are guilty people beating the system and getting off scot free."
Click to view link
In order to analyze the events of the world today, we need a clear understanding of the true nature of Fascism, separate from its societal inferences. When this is done we see surprising results.
So what is fascism? Lawrence Britt, writing in Free Inquiry magazine, Volume 23, Number 2, summarizes fourteen common traits of a fascist society.

1. Powerful and Continuing Nationalism

2. Disdain for the Recognition of Human Rights

3. Identification of Enemies/Scapegoats as a Unifying Cause

4. Supremacy of the Military

5. Rampant Sexism

6. Controlled Mass Media

7. Obsession with National Security

8. Religion and Government are Intertwined

9. Corporate Power is Protected

10. Labor Power is Suppressed

11. Disdain for Intellectuals and the Arts

12. Obsession with Crime and Punishment

13. Rampant Cronyism and Corruption

14. Fraudulent Elections

I recommend a read of his article to gain a deeper understanding of each point. While I wholeheartedly agree with the above delineation of a society crippled by the thrones of fascist power, I differ in the analysis as to how a government becomes fascist. I would to key in on Britt's point number '9. Corporate Power is Protected.12. Obsession with Crime and Punishment'
My argument comes at the issue from a different point of view. Instead of considering the above as traits of fascism, I believe that in fact, the fascist structure of government is what enables these attributes to manifest themselves. That fascist structure of government begins with the co-option of corporate and government interests becoming one in the same. This is the primary transition in the nature and operation of the government apparatus. Corporate power is not so much as protected; it is one in the same as government power. Hence the government is an extension of the corporate powerbrokers in society.

  Posted by flying_pig on 07/24/11 04:37 PM

Posted by davidbruce on 07/24/11 11:08 AM
I was found not guilty of a murder I did not do. The DA was not intrested in who really did it, just a quick conviction. The judge told me before the trial that he knew I did not do it and who really did it. My attorney said the same thing. The justice system works most of the time. A few errors are worth the price. State of West Virginia vs David Bruce Hamrick,see case at Click to view link

"A few errors are worth the price."

Oh, I so wish you had been found guilty of a murder that you did not commit.

  Posted by davidbruce on 07/24/11 11:08 AM

I was found not guilty of a murder I did not do. The DA was not intrested in who really did it, just a quick conviction. The judge told me before the trial that he knew I did not do it and who really did it. My attorney said the same thing. The justice system works most of the time. A few errors are worth the price. State of West Virginia vs David Bruce Hamrick,see case at Click to view link

Reply from The Daily Bell

"The justice system works most of the time."

You mean four million people need to be in jail in the US?

  Posted by speedygonzales on 07/24/11 08:19 AM

Americans think in totalitarian way: My way or highway, Follow the leader, Dont ask do not tell, Double check, Make sure. In other cultures this would be considered as very offensive and personal.
I support jury verdict since there was manipulation with evidence and there is common to fake evidence in USA. Anywhere else it si a crime-falsify evidence- but american exeptionalism and moral leadership of the world...
What means falsified evidence and some cases:
Click to view link

If not falsified it can be hidden.Prosecutor will not present evidence at court.

Reports claim that North Carolina's crime lab omitted, overstated, or falsified blood evidence in hundreds of criminal cases. The most unfortunate part of this story is that three of those cases were murder trials, in which, the defendants were convicted and executed.
Click to view link

False confessions and admissions are a major cause of injustice in the United States, involved in about 25% of the wrongful convictions overturned by DNA testing. Among the many defendants who gave false confessions or admissions to crimes they didn't commit, 22 pled guilty - usually seeking to avoid the potential for a long sentence (or a death sentence) for a crime they didn't commit.

The 22 individuals listed below pled guilty to crimes they didn't commit and served a combined total of more than 100 years in prison before they were exonerated:
Click to view link

In Scranton, Pennsylvania, two judges pleaded guilty to operating a kickback scheme involving juvenile offenders. The judges, Mark Ciavarella Jr. and Michael Conahan, took more than $2.6 million in kickbacks from a private prison company to send teenagers to two privately run youth detention centers. Since 2003, Ciaverella had sentenced an estimated 5,000 juveniles. Conahan was accused of setting up the contracts. Many of the youngsters shipped off to the detention centers were first-time offenders.
Click to view link

So since i know how crap called justice worx, I support Casey Anthony and and I appreciate how strong she was that she did not give up under presion of criminals as investigators or prosecutor who pushed her pleaded guilty without colecting evidence.
And jury deserve absolutorium.

Ironically, it's the federal and state criminal justice systems that produce the private prisons phenomenon and create the opportunity for private operators to capitalize. What they are capitalizing on is America's obsession with handing out long prison sentences out of all proportion to the crimes committed.

Today, the United States has locked up more prisoners than any other country in the world - 2.3 million-plus people locked up in state and federal prisons and county jails. This has predictably resulted in a shortage of publicly owned prison beds - a shortage increasingly being filled by companies that charge so many dollars for each convict sent their way.

We do not need Stalin or Hitler to be presented here to have gulags. It is enough we have Wall Street and banksters as actual creators of communism and nacism so they create system where they profit form it anyway even camouflaged as democracy.

  Posted by Omni on 07/24/11 02:02 AM

I must say, that was outstanding.

  Posted by injun1 on 07/23/11 02:34 PM

I perhaps don't agree with you often. But sir, this is one of your shining moments. It should be on the front page of every communication.

Thank you!

  Posted by Jackson on 07/23/11 01:34 PM

The rule should be that unless one has listened to every word the jury heard and seen every bit of evidence presented to the jury, one is not entitled to second guess the jury. I, and a neighbor, followed every moment of the OJ trial and were of the opinion we would not convict. We strongly believed OJ to be guilty but the evidence presented to the jury did not support a conviction.

The problem in both cases was the same. First there was a botched investigation and then the prosecution made a mess of its presentation. A travesty of justice? Perhaps, but put the blame where it is due - not on the juror charged with finding facts based on the evidence presented. As one juror said,"They didn't even establish how the child died."

There is a way to successfully prosecute and prove a circumstantial evidence case but that wasn't done in Florida.

  Posted by EyesToSeeEarsToHear on 07/23/11 01:29 PM

To my eyes (and ears) this was yet another trial by media, where the rule of law in the collective mind of the public is supplanted by the idiot symphony of Fox TV and other "journalists" babbling about the accused's obvious guilt. In one case, that of Nancy Grace, she became the Judge, prosecution, and jury to the point that her colleagues began calling her out for this. Freedom of speech does have its consequences, even in the media entertainment industry.
My point is that it became a HUGE continuing distraction from the more vitally important public problems at hand.

Despite the sequestering of the jury, it's almost impossible for jurors not to become aware of this drumbeat of vitriol that comes from outside the courtroom. They were, after all, permitted cellphone access to family and friends. The fact that the jurors stood their ground and disallowed the prosecution's (and media's) contentions of Anthony's guilt speaks to some hope for a judicial system that has been increasingly dysfunctional for years. For once it seems that common sense overcame the prosecutorial tyranny that usually prevails, whether we agree with their verdict or not.

The question, however, still remains: Did she REALLY do it? We will no doubt have to wait until Casey (or her ghost-authors) write a best-selling "tell all" to find out what happened. Or not!

  Posted by Avatar on 07/23/11 11:56 AM

The entire trial seemed useless. If a mother kills her own child it would seem she is INSANE and should by law be free by reason of insanity. If she did not kill her child she should be found innocent. So why was a trial necessary? Societal Control? Cultural Fear?

  Posted by TruthTeller on 07/23/11 10:32 AM

"Live with it " does not mean we the People HAVE to accept the NOT guilty verdict. Remember, we have freedom of speech here.