The presumption of innocence is not a new concept with the US Constitution.  The matter goes back in a formal legal sense at least as far as the Code of Hammurabi dating back in the ancient near east to at least 1755 AD and probably further .  A presumption of guilt however dates back to the earliest recollections of humankind. The presumption of guilt seems hardwired into the human brain which is why us humans have had to codify a presumption of innocence to engage its effect on the brain’s race to retribution and the primitive, addictive satisfaction of revenge. Our current leaders appear to have regressed to the primitive brain regarding the presumption of guilt through their enforcement of their will in the streets of America and lately the world’s honored Maritime traditions. 

The attitude in today’s administration regarding guilt and innocence so far seems “so what?”  They simply declare the streets safer. No one immigrant is innocent until proven so. Yes, we are pretty certain that most of the people bombed out of their boats on the open sea were guilty although a few innocents might be out there. We know they were coming to poison Americans unless of course, as it turns out, some of them weren’t. How sloppy with the fate of a human life can a government get today before the whistle blows and the game stops for the penalty phase.

A Modest Proposal for Good

The Hammurabi Code, while prophetic, was also committed to the Eye for An Eye, and Tooth for a Tooth ethic.  Christianity later made significant contributions to justice with the concepts of forgiveness, love of neighbor, and redemption. Humankind’s performance at that level has been very uneven to say the least but even so Gandhi, ArchBishop TuTu, and Martin Luther King drew heavily from that tradition. Ironic is the contradiction that today’s tragic declination away from the north star of justice coincides with a movement called Christian Nationalism which is, in itself, a contradiction in terms. Good in these matters is found by living up to the humanitarian standards of both your nation, and chosen religion. That means due process, rule of law, forgiveness, love of neighbor, and a faith in redemption.  We are living in one of the most radical violations of our nations traditions of justice ever perpetrated. We started out as a nation as a beacon of these virtues of justice even if they were very aspirational. We can and will do better.  That will be good.