Schu wrote on May 13
th, 2014 at 1:05pm:
Grappler Truth Teller Feller wrote on May 13
th, 2014 at 12:51pm:
Yes - it is one thing to rush to judgement and another to make inquiries to ascertain further details, and even to advise someone in a position to do so.
That last seems to be a failing here - and in the case I cited above of family members, I am equally guilty in not doing that as a matter of course.
At least the public outcry and outing of such things, regardless of the outcomes legally, brings the attention of the many to it and shows that it is unacceptable behaviour here.
I was going to watch that thing on Pakistan, but I hate seeing things like that involving young children... turn away from the news at child abuse and murder reports etc....
I think the issues here is that of profiling.
Profiling is dangerous because it can mean we falsely label people, but at the same time it can be a valuable component in protecting ourselves and others. Particularly in the case of children we have to prevent putting them in dangerous situations because once they're in them, unlike adults, they can't really get out of them or look after themselves. They're reliant on our judgement not putting them there.
I think sometimes this issue of profiling gets conflated between what we would decide in our own circumstances and a legal sense. Which is what I was partially guilty of in my initial statement that you pointed out to me.
I certainly wouldn't condemn Harris to any sort of punishment without proof. But would I let my children (if I had any) anywhere near him? No, I wouldn't, and that's regardless of any outcome of the trial. Is that wrong? I don't think it is, because it's a question of risk and "better to be safe than sorry".
I'll contrast this to a male accused of rape. Would I hang out with him? I might well do that. The distinction being that I'm responsible for myself and more able to make decisions to protect myself if something goes wrong. And if something does go wrong, I have more capacity at my disposal to deal with it. I would therefore not be as inclined to rush to any sort of judgement.
The flipside to this is, of course, whether we take this too far and become paranoid to the extent that we end up removing positive role models from children's lives.
Yes - from memory, Geoffrey Robertson put forward the proposition of a swimming teacher suspected but not charged and convicted, and who moved towns etc - one of his panel was a police inspector and he was asked if he would advise his brother's family in that town of this teacher moving there.... even though to do so would be a breach of his position of trust in law.
He stumbled and said.. "Well.. yes"....
Not a bad thing, but as you said - such 'profiling' can lead to mistakes and even tragedies.
BTW - the end result of GRs Hypo was that the teacher was innocent all along.... the kind of twist he loves at the end.
Still a good and revealing show....
But to your issue - yes - perhaps we need to genuinely place the protection of the innocent first - while reserving for proven offences the punishment of offenders.. indeed - there is no offender in that hearing (there is an accused who is not 'the offender' until proper conviction - careful words there) until proper conviction.... look at Hurricane Carter...
"Yes, I am freeing Mr Carter on a technicality.. that technicality is the US Constitution!".. said the judge who finally set him free in a very unusual case to say the least.
Also - there can be many, many reasons why a person accused is not guilty - including serious mental issues for a complainant...
Umm.. again my second HDD is hiding from me - Ramsey Ohiolink is a good source for some definitions of 'wrongful conviction, and reasons for that. Google Ramsey on wrongful conviction - should do it...