Laurell K. Hamilton Quotes
I’d learned a long time ago that you can’t prove a negative. You can prove that you did something, but it’s the devil to prove you didn’t do something.
Hamilton, Laurell K. The Lunatic Cafe. Ace Books, 1996.
This is a fundamental basis of modern Western law. The accuser bears the burden of proof. At the same time as Umar made this principle part of the Islamic legal system, the law of the Catholic Church was just the opposite—suspects were guilty unless they proved their innocence.
Reaction to the indictments of several of his political associates who were subsequently convicted after this statement:
This is one of the many statements of President Bush that contributed to his reputation as a polarizing politician. His supporters turned to this statement to illustrate that Bush was a supporter of the Constitution and civil liberties by urging the nation not to engage in vigilantism or give vent to their stereotypic views of minorities. Detractors took the same statement as a perfect example of Bush’s assault on Constitutional freedoms. Law enforcement does not determine guilt or innocence in our system. Police and prosecutors in America do not determine guilt or innocence; juries do. They argue that the Bush administration law enforcement policies are designed to have law enforcement usurp more and more of this facet of criminal justice.
This is the classic argument given by those who would deny a defendant the Constitutional protection against self-incrimination. The belief that an innocent man has nothing to fear from the police is refuted by the many cases of innocent men being convicted by evidence they have given in the belief that they were innocent, and served long jail sentences only to later be proved by DNA evidence that they could not possibly have been guilty. Since Nott’s day, society has not only found many cases where honest error was made by the police or prosecutors, but many where there was venal prosecutorial misconduct and defendants were jailed even though the authorities were aware of evidence of innocence and kept it secret. There have been a number of these cases where a defendant was on death row and about to be executed when it was found he was innocent. Probably there have been men wrongly executed. See {629444} for a probable example.
Laurell Kaye Hamilton is an American fantasy and romance writer. She is best known as the author of two series of stories.