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We Can Call It the “Presumption of Guilt Act”

Did you see this in the news in Utah (from the Salt Lake Tribune)?

A Utah man never hit his wife — until he tried to kill her. But how he treated her was a warning sign.

Saying that the proposed “coercive control” legislation is needed because of the “failure of the courts” to detect crime makes no sense. It’s not a judge’s job to detect crime. It’s the police and prosecutors’ jobs. The judge applies the law to the facts and the evidence and renders judgment.

Moreover, by its nature crime occurs in the shadows. It’s going to happen no matter how much anti-crime legislation is passed. Otherwise stated, crime does not occur due to a lack of laws on the books. Legislation might help to punish crime, but isn’t much a deterrent to crime (and never has been).

The idea that we “must work toward” zero domestic violence is absurd. Domestic violence has always occurred and always will in an imperfect world. Thus, domestic violence is going to occur regardless of how many laws are passed “in opposition to” it.

Proposed statutes like this can “work” only by having the public and law enforcement and the courts indulge in a mass group delusion.

Laws like this will result in a presumption of guilt as a way of getting rid of the pesky preponderance of evidence standard of proof and letting “better safe than sorry” and “abundance of caution” and “guilty until proven innocent” rule. Miraculously, this new not-a-real-standard standard will create a new class of abuser (i.e., those who self-proclaimed victims subjectively deem to be abusers and that the courts will treat as abusers unless and until the presumed abuser proves otherwise).

Perversely, proponents of such a bill will claim that it is reducing domestic violence by increasing arrests, prosecutions, and convictions–but at the cost of throwing the presumption of innocence and a preponderance of evidence and or beyond a reasonable doubt standards out the window. Not just thrown out the window, but shot at high velocity out the window beyond retrieval. This would create a net that will end up snaring innocent people who will be falsely accused and convicted in the name of “better” detection and prevention.

Utah Family Law, LC | divorceutah.com | 801-466-9277

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