Law

“I’ll Take the Fifth on That”

It is not a private citizen’s duty to prove his innocence, it is the government’s to prove his guilt. —Ian Welsh I’ve selected the above quotation because it illustrates in stark form the power differential between the typical accused and the typical prosecuting authority. The alleged criminal has arrayed against him the full coercive powers of the state. For all the common gripes about an under-funded DPP/CPS or overstretched police force, taken together—along with the institutional state apparat of the courts—the power inequality is almost Kafkaesque. While not all people are alert to the notion that a jury never finds…

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