Thursday, 19 July 2012
MADELEINE MCCANN - a Rational Discourse
I see that a couple of people have picked up on my reference to the parents and friends having to prove their innocence. I preceded that statement with the word 'unfortunately', for good reason. It is clear to the whole world and its dog, that Kate and Gerry are desperate to find both Madeleine and Peace of Mind. Apart from coping with the loss of their beloved daughter (and yes, I think she was much loved), they also have to cope with questions about that night for ever more.
The publicity has been phenomenal, but its success was bound to attract armchair sleuths worldwide, as well as a few obsessive, crusader types who will never give up until they find their holy grail. People climb Mount Everest, just because its there. I am sure along with the 'Stephen Birchs' there are independents out there financing their own search for a 'live' Maddie.
We all want to know what happened to Madeleine. We want an ending to the story, closure. Preferably a happy ending. I would love nothing more than for her to be found safe and well, but my rational side tells me that the chances are unlikely, and it should be ok to say that.
Innocent until proven guilty may be written into the statutes, but human nature is too inquisitive for that, and often works the opposite way. It bypasses sympathy too, if it didn't cops would not be able to do their job. A woman could be found standing over the body of her husband with a smoking gun in her hand, and say 'it wasn't me, I'm the grieving widow', and the cop would say, 'oh, right you are then, I'll move on'.
This is a unique case - the files and investigation have been made public and we geeks have access to it. The parents have courted publicity which fuels the gossip further. Unless they retire into obscurity, the questions will never go away. It must be a nightmare situation.
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The presumption of innocence, sometimes referred to by the Latin expression Ei incumbit probatio qui dicit, non qui negat, is the principle that one is considered innocent until proven guilty. Application of this principle is a legal right of the accused in a criminal trial, recognised in many nations. The burden of proof is thus on the prosecution, which has to collect and present enough compelling evidence to convince the trier of fact, who is restrained and ordered by law to consider only actual evidence and testimony that is legally admissible, and in most cases lawfully obtained, that the accused is guilty beyond a reasonable doubt. If reasonable doubt remains, the accused is to be acquitted.
ReplyDelete"A woman could be found standing over the body of her husband with a smoking gun in her hand, and say 'it wasn't me, I'm the grieving widow', and the cop would say, 'oh, right you are then, I'll move on'."
ReplyDeleteThe cop would caution the woman, take her in for questioning (under the caution), allow her legal advice and then decide whether to charge based on the evidence and replies to the questions. It would then be considered whether there is enough evidence to expect a conviction - if so the case would go to trial where the woman would have the right to defend the charges.
Incidentally the jury system is not to spread the guilt (that is in a firing squad situation) -it is an attempt to achieve a fair hearing.
I was using a bit of artistic licence with reference to a jury, you are right of course, it is in the interests of a fair hearing.
DeleteHowever, where the death penalty is on the table, it is easier for 12 to share a finding of guilty.
After seeing the type of person you keep company with on here, haverns and probably all the hate sites, I will leave you now to continue the false sentiment and feeling for the Mccanns.
ReplyDeleteIncidentally (2) you say " Unless they retire into obscurity, the questions will never go away." Why would parents of a missing child retire into obscurity? To make the hateful questions go away? No they are much stronger than you and all the hate sites - as they have shown.
Stronger? Kate McCann looks like a broken, old woman.
DeleteI hope the McCanns don't retire into obscurity. I want to see this vile couple brought to justice for their heinous crimes towards their 3 children which resulted in the disappearance of Madeleine.
DeleteI also want to see the ones in the previous British Government brought to justice, for helping the McCanns escape justice.
'type of person' I keep company with, and hate sites, hmmm. I can't say with any certainty the type of person I keep company with - this is the www - all sorts out there.
DeleteI read and follow subjects that interest me, and I get information from a wide variety of sources. I like to think I am discerning when forming any opinion.
As for 'making the questions go away' - I was merely stating a fact. Until the case is resolved, there will always be questions.
Dandylion, I can see that you feel strongly about this case, and have obviously made your mind up, but I don't see how attacking individuals contributes to the debate.
DeleteThe same applies to those attacking Dr. Amaral. He is an individual, and was part of a team that reached the same conclusions.
I have deliberately entitled this blog 'A Rational Discourse' in the hope that personal feelings and prejudices could be put aside in order to discuss the case rationally.
Whatever you believe about this case, and in my opinion the jury's still out, it would appear that the McCanns are peculiar people. To discuss their daughter in such a graphic way as highlighted in this blog (I haven't read the book) is incredulous. My instinct tells me that a mother would not resort to using this kind of language unless she was certain that it would not harm her daughter, now or in the future, i.e. that she was no longer alive. Then again there are other children involved who need to be protected, which demonstrates, as I have said, that they are peculiar people - seemingly cold and void of 'normal' human emotions. That said, I am convinced that the truth, whatever that may be, will one day come out.
ReplyDeletegraceland ,it will never go away from my mind .
ReplyDeleteyou pissed people of
ReplyDeletejust watch your step sister
Ignore my post
ReplyDelete