Why Due Process Is More Critical Than Ever Before
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With all of the recent attention surrounding the Kavanaugh allegations, there has never been a more prominent and pressing need for not only due process, but for the precedent of innocent until proven guilty.
Within The Constitution, the 5th and 14th amendments are arguably some of the most critical strongholds protecting truth in the modern American political demographic. Due process of the law requires that orderly legal procedures be followed to establish guilt before a person can be jailed or any otherwise punished.
When it comes to the Kavanaugh hearings, the burden of being ‘otherwise punished’ would result in not being confirmed for the US Supreme Court.
One of the things that has also been widely debated among people is whether or not Mr. Kavanaugh can sit on the US Supreme Court with this type of an allegation itself against him.
What people seem to be forgetting is that this is an allegation. It is also not a trial. An allegation merely is what it states, an accusation. While this alleged incident is 36 years old, and not a trial, we have still been presented with multitudes of evidence supporting the fact that Kavanaugh is most likely not responsible for Dr. Ford’s supposed attack. While I believe that it is possible Dr. Ford may have been attacked at some point in her life, I am firmly convinced that it was not at Kavanaugh‘s hands; due to the following reasons:
All witnesses named by Dr. Ford herself have stated that they have no recollection of these events or evidence of this happening.
It has been reported that two men have come forward saying that they were the ones responsible for the supposed attack.
Dr. Ford has provided no time, date, or address of the supposed crime.
From all of the Kavanaugh’s six background checks, nothing has ever been found about him being a supposed sexual predator.
Kavanaugh has an entirely clean record and has been a clear advocate for women in government, law, and leadership.
Dr. Ford won’t release the supposed evidence of therapy files, although she gave them to The Washington Post.
This case is not merely about believing victims, and it’s not about being a woman. If feminists of today genuinely want to support women, they will support due process of the law. That is where true equality lies. Men are not above women, and in the same breath, women are not and should not be viewed above men.
If this accusation causes Kavanaugh’s Supreme Court downfall, what this does is harming to women and victims everywhere. Part of the reason due process exists is to help encourage people and victims to come forward when these alleged assaults occur. This helps sick, vile people get put behind bars and allows the prosecution to have more substantial and current evidence. Thus allowing for a criminal to be prosecuted to the fullest extent of the law.
The current idea being propagated by the left that each woman should be believed immediately without question is a dangerous one. Their coming forward should be respected, and we should show compassion to that individual. However, how we recognize that individual is by taking their testimony and immediately doing what we can to find evidence of their assault. From there, the rest can be determined along a case-by-case basis.
Without due process, another unfortunate outcome that would result is that the democratic process in the United States will be dead. There will be no law or order that will protect any person from an allegation. Criminal justice will be forgone in the United States, and people will be believed first with questions asked later. The last time individuals were believed at face value, Emmett Till was brutally murdered, and his assailants got away with no prison time. For those that don’t know, the case of Emmett Till was one in which a fourteen-year-old African-American boy in 1955 was accused of whistling at a white woman. As a result, two white men brutally beat him to death. They were let off with no jail time. Many other unjust, and unfair trials took place during the Jim Crow era. We cannot allow evil history to repeat itself, as well as when it comes to accusations during a hearing.
Due process and the idea of being innocent until proven guilty are paramount to a democratic society. The burden of proof is not on the defense. Thus, without substantial evidence, it must be assumed that Kavanaugh is innocent.