site banner

not-guilty is not the same as innocent

felipec.substack.com

In many discussions I'm pulled back to the distinction between not-guilty and innocent as a way to demonstrate how the burden of proof works and what the true default position should be in any given argument. A lot of people seem to not have any problem seeing the distinction, but many intelligent people for some reason don't see it.

In this article I explain why the distinction exists and why it matters, in particular why it matters in real-life scenarios, especially when people try to shift the burden of proof.

Essentially, in my view the universe we are talking about is {uncertain,guilty,innocent}, therefore not-guilty is guilty', which is {uncertain,innocent}. Therefore innocent ⇒ not-guilty, but not-guilty ⇏ innocent.

When O. J. Simpson was acquitted, that doesn’t mean he was found innocent, it means the prosecution could not prove his guilt beyond reasonable doubt. He was found not-guilty, which is not the same as innocent. It very well could be that the jury found the truth of the matter uncertain.

This notion has implications in many real-life scenarios when people want to shift the burden of proof if you reject a claim when it's not substantiated. They wrongly assume you claim their claim is false (equivalent to innocent), when in truth all you are doing is staying in the default position (uncertain).

Rejecting the claim that a god exists is not the same as claim a god doesn't exist: it doesn't require a burden of proof because it's the default position. Agnosticism is the default position. The burden of proof is on the people making the claim.

-2
Jump in the discussion.

No email address required.

I do not think it is novel, I specifically said a lot of people don't have any problem seeing this distinction, and I would expect most rationalists to see this distinction.

But it's a fact that a lot of people do not see this distinction, not dull people, a lot intelligent people. I've debated many of them, and it's a chore to explain again and again how the burden of proof actually works and why not-guilty ≠ innocent. Next time I'm in a debate with such people I can simply link to this article, and presumably so can other people in similar debates.

Moreover, you seem to be overlooking the fact that what is obvious to you (and many rationalists), may not be so obvious to everyone. This bias is called the curse of knowledge. People have a tendency to fake humility, because people don't like arrogance, they like humility, but the fact is assuming everyone is as intelligent and/or knowledgeable as you is not always productive.

In fact, the whole motivation behind the article is that someone I know refused to accept there's a genuine difference. He is not unintelligent.