The bedrock constitutional principle of an individual’s presumption of innocence is undermined not by political extremists but by our own government. A number of government practices have steadily eroded this presumption, making it difficult for defendants to receive the fair administration of justice. These practices include the “perp walk” and pretrial disclosure of prejudicial and inflammatory evidence, such as an accused’s confession.
Much has been written about the practice of the perp walk since Dominique Strauss-Kahn was subjected to one after his arrest. The sensational media coverage of law enforcement parading a handcuffed Strauss-Kahn to a police car portrayed a damning image of guilt to the public, an image that will not be forgotten, notwithstanding the subsequent dismissal of all criminal charges.
