Saturday, December 20, 2008

Rod Blagovich: Innocent until proven guilty?

I've heard from various sources that Governor Rod Blagojevich of Illinois deserves his Constitutional right to be presumed innocent until proven guilty.

I've am uncomfortable when that right is used by perpetrators and predators to shield themselves from the consequences of their behavior.

It is not unusual for someone to begin to suffer various non-criminal sanctions while the criminal charges are pending.

College athletes are often suspended after an arrest but before the criminal charges are resolved.

Health care staff are suspended with pay during investigations of abuse.

Even if no charges are brought or the the person is acquitted, the perpetrator is still liable for non-criminal consequences. While the evidence may have been insufficient for criminal conviction, the evidence might be sufficient for an athlete to suffer further non-criminal sanctions, including expulsion, or for a health care worker to be fired for the act of abuse of which he or she was acquitted.

The presumption of innocence only refers to the accused's relationship to the criminal justice system and not to the other non-criminal consequences of their behavior. Nor does it need to refer to the "court of public opinion."

Enough precedents exists to justify the suspension of Blagovich's gubernatorial authority while the criminal and non-criminal complaints are resolved.

My bottom line is don't let Blagojevich's invocation of "innocent until proven guilty" intimidate anyone for calling for his resignation now.

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