Politics, Accusations and Due Process

Politics, Accusations and Due Process

No one is more repulsed by the poster boy of Hollywood excess and immorality than me. Ditto for U.S. Senator wannabe Roy Moore. But I also must say that while I despise the amoral attitudes of those who prey on others, I cherish due process even more.

America was founded after royal subjects living in British North America became vexed at governmental abuses of power. The founding fathers and their ancestors had seen royal authority misused through search warrants that allowed soldiers to search any house at any time, government confiscation of property without compensation, and imprisonment and execution without anything resembling a fair trial. Indeed, the Declaration of Independence itself alleges that King George was “deaf to the voice of justice.”

Due process was costly to achieve in battle and ought not to be conveniently ignored. When someone raises an allegation that the law has been violated, we must presume that the claim lacks merit until evidence is tested in a court of law and a judge or jury makes a ruling.

Mitt Romney recently announced that “innocent until proven guilty is for criminal convictions, not elections.” Others have claimed that a news report is enough to determine someone’s guilt.

But if we’re truly committed to due process, in our heart we’ll presume innocence even when 

we hear multiple sickening reports about the purported misdeeds of Harvey Weinstein, Kevin Spacey and Roy Moore. It’s hard to do. I struggle with it. But it’s the right thing.

When we hear a criminal defense, lawyer remind a jury that the person whom we genuinely believe is guilty must be presumed innocent, we feel uncomfortable. But we must allow the trial to take its course because we know requiring sworn testimony and evidence tested by cross-examination is the best way to discern the truth. And sticking to this standard is what keeps you and me from becoming accused and adjudged without credible evidence.

Men who abuse women share something with street thugs who rob, attack and steal — they think they can avoid the natural result of violating basic tenets of right and wrong. Even beyond statutes passed by legislatures, there’s an immutable moral law much like the law of gravity.

Far too much of Hollywood’s product showcases characters who violate that moral law and avoid consequences. The entertainment industry’s fetish for violence, sex, and nihilism leads many young people astray. And the people who write, act, and produce this garbage marinate in it themselves, affecting their own behavior and skewing their core values.

Which brings me to the uber repulsive Harvey Weinstein. I say that because, even if the accusations against him are untrue, the actions he admits to — adultery, cheating, bullying, make him a person that no person of good character will defend. But, as to whether he violated the law, we ought to wait on a court ruling. Due process requires it.

So, Roy, if you’re reading this, here’s the good news: we should all withhold judgment about the sexual assault allegations until you get a fair trial. And, here’s the bad news. There are those that have forgotten or do not care about due process with regards to politics.