Ei incumbit probatio qui dicit, non qui negat

Ei incumbit probatio qui dicit, non qui negat. For those of you who didn’t study Latin, this phrase is the premise of the U.S. legal system. Translated literally, it means “the burden of proof rests on who asserts, no on who denies.” Our legal system, as well as most other nations that are republics or democracies, translate this into a doctrine which means “one is innocent until proven guilty.”

Under this doctrine, the burden of proof is on the one bringing the charge. The “charger” must bring enough compelling evidence to convince a diverse sampling of reasonable people that the evidence is factual, overwhelming and beyond any reasonable doubt as to its truth. In the case of remaining doubt, the accused must be acquitted....i.e. found innocent.

This right is in fact, so fundamental, that most democracies and republics explicitly include it in their constitutions. And lest one thinks that this doctrine only pertains to legal issues within a court of law, most journalistic codes of ethics state that journalists should refrain and desist from referring to persons under investigation as though their guilt is certain.

This brings me to a second point. Due Process: the principle that all legal rights are owed to a person according to the law. At a very basic level, “Due Process” is essentially the concept of “fundamental fairness”. For example, in 1934, the United States Supreme Court held that due process is violated "if a practice or rule offends some principle of justice so rooted in the traditions and conscience of our people as to be ranked as fundamental". A principle like “ei incumbit probatio qui dicit, non qui negat.”

I have no information on the allegations begin brought against Cam Newton, his family or Auburn University. I don’t know if Urban Meyer is involved or not involved. I don’t know if Mr. Bond, Rogers or anyone else is telling the truth or fabricating the truth. I don’t know any facts, one way or the other. I don’t know if money was asked for, was not asked for, was received, not received. I don’t know any facts at all.

What I DO know is that there was/has been a rush to judgment on Cam. Large and supposedly credible media such as the Orlando Sentinal, FoxSports, ESPN and others have bandwagoned themselves to unprincipled journalism. And this rush to judgment violates everything we hold dear and near as a free people. It violates the very principles which we, ourselves, would want to be judged by were it us that was accused. And it violates journalistic integrity.

For this reason, not because Auburn is having a great year, not because Newton is a bona fide Heisman candidate, not because I am a fan; people should be outraged...disgusted....highly vocal. No one, regardless of how high profile, or low profile for that matter, should be presumed guilty and drug through the mud without regard for the principle of presumed innocent, and due process to find otherwise.

WJLaneSR