In many discussions I'm pulled back to the distinction between not-guilty
and innocent
as a way to demonstrate how the burden of proof works and what the true default position should be in any given argument. A lot of people seem to not have any problem seeing the distinction, but many intelligent people for some reason don't see it.
In this article I explain why the distinction exists and why it matters, in particular why it matters in real-life scenarios, especially when people try to shift the burden of proof.
Essentially, in my view the universe we are talking about is {uncertain,guilty,innocent}
, therefore not-guilty
is guilty'
, which is {uncertain,innocent}
. Therefore innocent ⇒ not-guilty
, but not-guilty ⇏ innocent
.
When O. J. Simpson was acquitted, that doesn’t mean he was found innocent, it means the prosecution could not prove his guilt beyond reasonable doubt. He was found not-guilty, which is not the same as innocent. It very well could be that the jury found the truth of the matter uncertain
.
This notion has implications in many real-life scenarios when people want to shift the burden of proof if you reject a claim when it's not substantiated. They wrongly assume you claim their claim is false (equivalent to innocent
), when in truth all you are doing is staying in the default position (uncertain
).
Rejecting the claim that a god exists is not the same as claim a god doesn't exist: it doesn't require a burden of proof because it's the default position. Agnosticism is the default position. The burden of proof is on the people making the claim.
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Notes -
I don't think so. If Jake is accused of sexually assaulting Rachel and you consider Jake as innocent you would have a tendency to dismiss evidence that Rachel is telling the truth (since people have a tendency to not like to be wrong). Also, people would justly ask you for evidence that Jake is innocent, since you do actually have a burden of proof in this case. And then if incontrovertible evidence comes out that Rachel was telling the truth, you would have been proven wrong.
If instead of considering him innocent you say "the jury is still out", then you are open to evidence of guilt, you don't have a burden of proof, and if Jake turns out to be guilty you would not have been proven wrong.
It's OK to say "I don't know".
A lot depends on the details but in sexual assault there can be an honest disagreement on the facts (eg Rachel could be mistaken, or perhaps Rachel’s subjective view does not comport with objective view).
That is, the world isn’t quite as black and white as you seem to be positing.
There is no "gray prison", there's only prison. In the real world at some point decisions must be made.
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