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Tuesday, April 9, 2019

Napoleonic Code...De Facto Presumption Of Guilt

Let us first become familiar with the idea behind the Napoleonic Code, as it applied to the Courts, during his time.  It survives in a number of countries, apparently, also in the US Court of Public Opinion.

"It was drafted by a commission of four eminent jurists and entered into force on 21 March 1804.[2] The Code, with its stress on clearly written and accessible law, was a major step in replacing the previous patchwork of feudal laws. Historian Robert Holtman regards it as one of the few documents that have influenced the whole world.[2]
The Napoleonic Code was not the first legal code to be established in a European country with a civil legal system; it was preceded by the Codex Maximilianeus bavaricus civilis (Bavaria, 1756), the Allgemeines Landrecht (Prussia, 1794), and the West Galician Code (Galicia, then part of Austria, 1797). It was, however, the first modern legal code to be adopted with a pan-European scope, and it strongly influenced the law of many of the countries formed during and after the Napoleonic Wars.[2] The Napoleonic Code influenced developing countries outside Europe, especially in the Middle East, attempting to modernize their countries through legal reforms."
https://en.wikipedia.org/wiki/Napoleonic_Cod

The big problem with the Napoleonic Code was with the remanding (jailing) of the accused, until proven innocent, hence, the de-facto presumption of guilt.
"The possibility of lengthy remand periods was one reason why the Napoleonic Code was criticized for its de facto presumption of guilt, particularly in common law countries."
https://en.wikipedia.org/wiki/Napoleonic_Code#Criminal_code

Movements like the #me too#, and similar others all operate on the de-facto presumption of guilt. Up to now it has involved mostly men, who are accused of wrongdoing many, many years ago, and the accusers lived with their perceived distress until the alleged perpetrator seeks high office.  Suddenly the historical act becomes so overwhelming that the suppressed hurt must be broadcast in the media, as a warning.  These people, apparently, now decided to warn the nation about this bad actor/character.  They are not doing this to take revenge, to destroy the person's life, or to become short-term celebrities, they are doing this for the good of the country, one must assume, what else could the reason be?

The US and many other countries operate under the Common Law system, where the presumption is innocence, until proven guilty, and not guilty until proven innocent.  So why is the media so willing to publish alleged wrong doing?  They all compete now with the Tabloids, it appears; these kinds of stories are good for business, and who cares about these individuals whose reputations go down the toilette in the process?

Some alleged accusations appear to be very serious, and one has to wonder, why wait so many years silently?  If true, the perpetrator should have been reported to the police, via a formal complaint.  Others are so minor, or bordering on comical that it actually makes sense that these never saw the light of day, until it could really inflict damage to the alleged bad actor.  The problem appears to be that all of them involve persons of importance, or imminent importance, like running for high office, for example.

One should be against all forms of harassment, and the judge will always be the perception of the victim, however, when the accuser sits on it, waiting for the right time to go public to the media, then one has the right to be skeptical.  One hears or reads, at times, that during divorce proceedings spouses accuse each other with made up stories for revenge, or just to gain a legal advantage.  Revenge is a powerful urge to overcome.

I found this quote about revenge.
"Generally you won't make your life better by hurting another person. The only time that your life improves when another is hurt is when your life isn't worth much to begin with. To take Revenge normally requires that you lower yourself to their level. Its not worth it unless you are already there."
https://www.quora.com/Is-revenge-really-worth-it

2 comments:

  1. It is hard to know how things come to light, or rise to widespread wareness, or are kept quiet. There is a series of little decisions to say something to somebody, and the response of that person can tend to amplify or attenuate the urge to speak further. The higher the stakes, the more strategically important the information becomes, and the more valuable to competitors.

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