The Weinstein Trial and the Lies of Due Process
The constitutional term may be rooted in reason. In practice, it can look like a lot uglier.
Look at that, an article openly bashing the idea of due process and the presumption of innocence. Terrible people, those right-wing Trump fa- oh no wait it's a progressive feminist columnist for a major publication
really think she's doing women a favor by trashing due process, because she doesn't like it being used by bad men? In America, in 2020, can she not imagine a world in which good women might need it desperately?
If you favor the defendant, due process is a tool of justice. If you favor the accuser, due process is a weapon of destruction. It's not really about due process, but about who you favor in any given prosecution.
Cynthia P Garrett
“Due process suggests the comforts of idealized thinking, summoning notions of equality and fairness and the sanctity of facts. It may be rooted in reason; in practice, though, it can look like ... a perpetuation of harm. “ Sigh.
I have heard this observation (I'm not sure it's an argument, as presented here; it seems to boil down to "you know what grinds my gears? The presumption of innocence") made in conversations about Title IX reform.