Trench Collapse: Death Investigation- Update
We reported yesterday that one worker died and another was injured in a trench disaster in North Mississippi. Today, an article in the Memphis, Tennessee Commercial Appeal Link to Article reported that the United States OSHA Department was on the scene investigating this deadly issue. It was reported that in the event violations of the law were found, federal criminal charges could be brought upon a referral to the Department of Justice.
Now that you have read that, please remember something that is often forgotten. All persons are, in the eyes of the law, not guilty until proven guilty beyond a reasonable doubt and to a moral certainty. Most folks read an article like the well written article in the Commercial Appeal or in a case where the Grand Jury returns an indictment against a person and automatically assume that there must be some guilt involved or in other words, "Where there is smoke; There is fire". This idea is so contrary to the underlying foundation of our system of justice that it should upset all fair minded persons.
As a further aside, the next time your mind jumps to the conclusion of guilt based upon the return of an indictment or the institution of an investigation, please reread the article with the Tennessee Jury Instruction (T.P.I.)in mind:
The law presumes that the defendant is innocent of the charge[s] against [him] [her]. This presumption remains with the defendant throughout every stage of the trial, and it is not overcome unless from all the evidence in the case you are convinced beyond a reasonable doubt that the defendant is guilty.
