Sunday, August 24, 2014

Conservatives, the state, and the presumption of innocence

The American government owes every citizen the presumption of innocence. The logic here is straightforward, particularly for conservatives: since the state maintains a monopoly on the use of force, we should be skeptical of the justifications that it provides for doing so, and it should affirmatively satisfy our scrutiny. In cases of ambiguity or uncertainty, individual liberty must prevail over government exercises of power.

This situation is complicated when police officers are on trial - but again, for conservatives, the logic should be straightforward. Legally they must retain the presumption of innocence, since the police will be prosecuted in their capacity as American citizens. But politically, conservatives have no business taking at face value the state's judgments of its own actions against citizens. They should assume that these rulings are at least unreliable and often corrupt and self-interested, for all of the exact same reasons conservatives assume that other government actions are corrupt and self-interested.

So it's extremely telling when, outside of the jury, an endless parade of "conservatives" demand we give armed agents of the state a benefit of the doubt against (black) citizens: