Legal Organization Decline to Adopt ‘Affirmative Consent’ Standard
Article from The Daily Wire by Ashe Schow.
The American Bar Association voted to postpone a vote to adopt “affirmative consent” as the organization’s standard going forward. If adopted, the organization would pressure state legislatures to adopt the same standard, effectively ending the presumption of innocence and force the accused to prove a negative.
On Monday, University of San Francisco law professor and writer Lara Bazelon reported from the ABA’s annual meeting, saying the debate led to “drama on the floor of the ABA House of Delegates.”
Over the weekend, the ABA’s Criminal Justice Section recommended voting to indefinitely table the resolution. On Monday, the House of Delegates voted to table the resolution. The tabling won, 256-165.
Author and professor K.C. Johnson attended the meeting and shared the concernsof some of the members, including that of a public defender who noted the “disparate racial impact potential” and a prosecutor who suggested the resolution would violate the defendant’s constitutional rights and could lead to a mistrial.
Read the entire article at The Daily Wire.
Image Credit: By St. Louis Circuit Attorney’s Office (Own work) [CC BY-SA 4.0 (http://creativecommons.org/licenses/by-sa/4.0)], via Wikimedia Commons
We are Americans not Englanders.
The ‘burden of proof’ is on the plaintiff…always has been, ALWAYS WILL BE!
It’s that kind of imperious thinking that kindled the American Revolution and vanquished most European royalty with World War One.
Well, at least neatly 61% of the lawyers on the ABA’s Criminal Justice Section had enough sense to table the resolution. But it doesn’t say much for the other 39%+ who wanted the change. It might b a good indicator if you ever need one.
Presumption of innocence? Apparently, a lot of people have never been through an audit.