In France, is Dominique Strauss-Kahn “presumed innocent” until proven guilty? In fact, he is presumed guilty until proven innocent. Or worse, he is presumed guilty, until confirmed guilty since the French media usually expect courts to confirm their own “enlightened” judgment and can be extraordinarily vindictive when they don’t. Thus, a petition signed by thousands of journalists “condemning” the court that condemned the national French TV Channel Antenne II for broadcasting unsubstantiated allegations. This post is about the media treatment of the presumption of innocence.
Consider a driver who deliberately speeds and runs over a policeman in front of a crowd of witnesses in order to avoid being checked at a road block. The driver is described in the news as the “presumed” author of the policeman’s coma. The word “presumed” here is a language automatism, an adornment, a legal curlicue. There is not a shadow of a doubt that this driver‘s car hit the policeman. No matter how grotesque, the word “presumed” tends to be repeated in such situations “ad nauseaum.”
With DSK, we are in a situation where the presumption of innocence matters because the facts are not established. Despite various forms of lip service, this presumption is resolutely trampled. In a recent talk show about the Dominique Strauss-Kahn affair, stand-up comedian Michel Boujenah expressed uneasiness about the fact that most of the journalists around him started from the premise that DSK was guilty. He reminded them that DSK had to be considered innocent until proven guilty. “Yes, yes,” said the journalists. Then they went on with their debate. To them, the presumption of innocence was an annoying contrivance, something akin to the presence of a vocal anti-racist at certain dinner parties; a presence that proves annoying since it prevents guests from cracking race jokes. The stand-up comedian reiterated his remark. He was definitely spoiling the fun. “OK,” replied one journalist, just add an “if” to everything I say. Just put my words in the conditional!” Then he resumed the discussion as if the guilt of DSK was beyond any . . .