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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.

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if he was smugly wrong again

Doesn't that claim that I was smug?

Are you really going to start a second branch off this conversation in the exact same direction?

It's not the same direction. In subthread a I'm talking about why I don't believe it's good to elevate options to facts, I'm not talking about who/what was claimed to be smug anymore.

In this subthread b I'm asking a simple question: doesn't that say that I was wrong?

In fact before I started subthread b I was going to make a comment in subthread a that I don't believe if I had said "the tone was not smug, you believed it was smug" my point would not have changed at all, even if more technically correct, your initial comment (he said the tone was smug) would not have applied, and I'm pretty sure I still would have been downvoted.

I removed that comment because I didn't want to muddle my point, and I believe it's relatively unimportant what might have happened had I said something else. If you really believe it would have made a difference, I can edit the comment, but I don't think anything would change.

Then I read that he did in fact called me smug a few sentences later, so even if I'm not talking about "my tone"/"the tone" in subthread a anymore (I'm talking about something more important: my original point), I wonder if you still believe he didn't call me smug, when in fact he straight up did. You don't have to answer.

My actual point is in subthread a.