In a criminal trial we rightly presume innocence unless the state can prove guilt beyond a reasonable doubt, because the state has so much power and the accused could be jailed. 2/
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People must stop using criminal law terminology to analyze noncriminal contexts where credibly accused domestic violence offenders face the consequences of their actions. 1/
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Situations like Rob Porter’s are wholly distinct from any faced by a criminal defendant. Nobody is arguing that Kelly should have imprisoned Porter or even sought to have him criminally prosecuted. 3/
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For Kelly, the question was whether it was wise or ethical to continue to employ a credibly somebody accused of domestic violence in a sensitive high level WH job. 4/
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Nobody is constitutionally or morally owed any particular job, nor in most cases is a criminal conviction a necessary or sufficient condition for losing a job. 5/
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A bank may and should refuse to hire or immediately discharge an employee credibly accused of embezzlement by previous employers. Talk of presumption of innocence is irrelevant and misleading. 6/
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The way to talk about the Porter situation is in terms of whether it was wise, prudent, or ethical to have a credibly accused domestic violence offender in a position of trust and esteem in the WH. 7/
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