Saturday, April 27, 2024

Presumptions

    If you sound like you know what you're talking about, people assume you do. That's not always a valid assumption.

   The American legal system specifies that a person is presumed innocent until proven guilty in a court of law.
   That is a presumption.
   There is no such legal verdict as "innocent." The key word is "presumed," and a person has that right until his or her status is proven in a court of law.
   "Beyond reasonable doubt" is another popular legal term. And here we must define "reasonable." That's where lawyerly gamesmanship comes in. Or perhaps we should call it "mumbo-jumbo."
   Politicians use that strategy often, as do real estate sales agents and lawyers. And this is based on the assumption that if you sound like you know what you're talking about, people will assume you do. This, however, is not always a valid assumption.
   "Beyond a reasonable doubt" is another popular legal term.
   Define "reasonable." Here's where lawyerly gamesmanship comes in.
   So even if a person faces scores of allegations spread over dozens of legal cases in several state and federal jurisdictions, he or she should be presumed innocent until and unless proven in a court of law.
   Sound familiar?
   The point is, such a person has not (yet) actually be proven guilty on any of the allegations, so he or she should be presumed innocent until and unless proven otherwise.
   That person may not actually be innocent, but the system stipulates that he or she must be treated as such until and unless proven otherwise.
   That's why the term "allegedly" is used as often as it is in journalism and legalistic jargon. Perhaps we can also use the term "allegedly innocent."
   But no. That's based on an assumption of guilt.

Friday, April 19, 2024

Trial by Jawry

   Some people believe that if they talk longer, louder and more emphatically than others, they will always win any discussion/argument.
   That doesn't work in a courtroom.
   A monitor judges when someone talks too much or out of turn or blathers on about something irrelevant.
   A fast talker is not in charge.
   That's the problem Donald Trump faces in New York City these days. Even when he mumbles during jury selection, the court monitor judges what he says and tells him to be quiet.
   One wonders, however, how often and how many times he can disrupt court proceedings with his yammering despite several warnings from the judge that he will be fined and/or sent to jail if he continues.
   He will not pass Go. He will not collect a bonus.
   And unlike other financial penalties -- some of which he has not paid -- this one he must pay or he will not be released from jail.
   But he seems to believe he is exempt from ordinary rules of human behavior because he is an extraordinary man.
   Non-ordinary, yes.
   Exempt from courtesy, no.
   Therefore, he will face judgment.

Monday, April 15, 2024

Political Know-It-All

   If you sound like you know what you're talking about, people will assume you do.
   It's called polysyllabic nomenclature -- a bunch of long words.
   The same concepts or ideas can be said using plain English -- a bunch of short Anglo-Saxon words -- but you don't always sound like you're part of the high ranking, highly intelligent "upper class" supposedly destined to rule the world.
   That tradition goes back to the year 1066, when invaders from Normandy defeated the locals and set up a talking place for their government. In doing so, they used the French term "parliament," rather than the plain English equivalent -- "talking place."
   The tradition has continued, so even today, when you want to sound educated and intelligent, you use a bunch of long words.
   The trick is to use short words that say the same and are more easily understood.
   Political candidates, however, want to sound like they know what they're talking about, even when they don't.
   That's especially true of politicians who really don't know what they're talking about.

'Nice' Neighbors

   Donald Trump complains that not enough people are coming to America from "nice" countries.
   But.
   If life at home is "nice," there is little need to leave.
   If a person has a job with a decent income and is able to support a family where there is little crime or violence and no war or government corruption, there is no need to leave home.