Innocent until proved guilty

Wilson Gray hwgray at GMAIL.COM
Thu Feb 1 03:46:23 UTC 2007


I wonder why it is that the "until" version is the more popular
rendering, as opposed to, e.g. "An accused person is presumed innocent
_unless_ proved guilty." "... _Until_ proved guilty" permits the
interpretation that the accused is guilty and it's necessary only to
wait till authority proves that guilt. If authority is unable to prove
that guilt, then a guilty person goes free.

-Wilson, off-topic

On 1/31/07, Baker, John <JMB at stradley.com> wrote:
> ---------------------- Information from the mail header -----------------------
> Sender:       American Dialect Society <ADS-L at LISTSERV.UGA.EDU>
> Poster:       "Baker, John" <JMB at STRADLEY.COM>
> Subject:      Re: Innocent until proved guilty
> -------------------------------------------------------------------------------
>
>         YBQ has this back to 1857.  Here it is from 1827 (or, according
> to a headnote, possibly 1828).  Westlaw says it's from the New York
> Supreme Court, but I believe what is meant is the New York Supreme Court
> of Judicature.
>
> <<I cannot believe that our criminal law is chargeable with such gross
> injustice. It has been framed and matured in wisdom, and in mercy. It
> exults in the belief that every man is innocent until proved guilty; and
> it glories in affording to the accused every possible means of
> vindicating his innocence. It scorns the rack and every species of
> torture; it disdains trick and circumvention, and invites to an open,
> full and fair investigation of the offence.>>
>
> Lambert v. People, 9 Cow. 578 (N.Y. Sup. Ct. 1827).  There likely would
> be earlier examples in the English cases, but Westlaw doesn't go back
> that far.
>
>
> John Baker
>
>
> -----Original Message-----
> From: American Dialect Society [mailto:ADS-L at LISTSERV.UGA.EDU] On Behalf
> Of James A. Landau
> Sent: Wednesday, January 31, 2007 8:06 PM
> To: ADS-L at LISTSERV.UGA.EDU
> Subject: Innocent until proved guilty
>
> I seem to recall that this saying was discussed on the ADS-L, but I
> cannot find it in the archives, so here goes:
>
> Dickens _Great Expectations_ (published as a magazine serial starting in
> 1860) chapter 18:  "[Jaggers the lawyer says] Do you know, or do you not
> know, that the law of england supposes every man to be innocent, until
> he is proved---proved---to be guilty?"
>
>
>    - Jim Landau
>
> ------------------------------------------------------------
> The American Dialect Society - http://www.americandialect.org
>


--
All say, "How hard it is that we have to die"---a strange complaint to
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