The United States of America has one of the best court systems in the world. This is the case because of the value placed on due process and the presumption of innocence. This means that no one can be convicted of a crime by simple allegations. In order to be convicted of a crime, the defendant has to be guilty beyond a reasonable doubt, and everyone is innocent until proven guilty.
In light of recent events, questions regarding the value placed on due process and the presumption of innocence have been raised. These questions have mainly been raised regarding the recent confirmation of Supreme Court Justice, Brett Kavanaugh. Due process was not applied by many Senate members voting on the case.
In the two weeks leading up to Kavanaugh’s confirmation, sexual assault allegations from decades ago were made. The primary allegation was from Dr. Christine Blasey Ford, who claimed Kavanaugh assaulted her in the summer of 1982. While her testimony to Congress was heartfelt and emotional, no corroborating evidence was provided.
One main component of due process is the presumption of innocence. This is a right that makes our country great. No one can be incarcerated by allegations without evidence. One anonymous PV student stated, “The presumption of innocence is the cornerstone of the American court system. Without it every single person accused of a crime falsely or without evidence would be punished for a crime they didn’t commit.”
48 Senate members, primarily Democrats, did not follow due process in this way. They voted against Kavanaugh’s confirmation on grounds of ‘credible allegations’ even though zero corroborating evidence was provided. This is not the presumption of innocence. Anonymous also stated, “Without it [due process] the whole system falls apart and there would be no need for the court system as everyone is assumed guilty.”
The job of the Senate is to advise and consent. They review the history of the judge including a background check. They also review previous court case decisions written by the judge to see if they are deserving and qualified. This is supposed to be done in a bipartisan way. Senate minority leader, Chuck Schumer, stated “I will oppose Judge Kavanaugh’s nomination with everything I have”. He stated this within hours after Kavanaugh’s nomination. This was not how advise and consent was intended. Rather than respecting Kavanaugh’s right to the presumption of innocence, Schumer made a political decision without regards to the candidate’s experience or qualifications.
The case of Kavanaugh is just the beginning. If allegations without corroborating evidence are continually believed without a doubt by those in power, we will lose some of the most important rights our great country was founded on: due process and the presumption of innocence.
Unfortunately, the political climate at Pleasant Valley high school, especially regarding due process in the case of Judge Kavanaugh, prevents students from speaking on this subject. Another anonymous student stated, “Unfortunately due to PV’s political climate at the moment I don’t feel comfortable giving a right sided opinion. . .The potential for backlash makes me uncomfortable.”
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