B.2(s). Presumption of Innocence and Non-Liability

A criminal or civil defendant is presumed to be not guilty or not liable unless proven otherwise in Court. The standard for conviction in a criminal trial is beyond a reasonable doubt, and the standard for liability in a civil trial is preponderance of the evidence.

This is not a new set of rights, simply an explicit restatement of the state of play now, as Americans understand it. The burdens of proof and the idea of “innocent until proven guilty” are both explicitly enshrined here.

No predictive algorithms may be used in law enforcement.

Predictive algorithms, almost by definition, assume guilt without evidence that a crime has been committed. Since that violates the fundamental concept of “innocent until proven guilty,” that assumption can’t be used for law enforcement purposes. The 2002 sci-fi/action movie “Minority Report” addresses the dangers of predictive algorithms in law enforcement. What was speculative fiction just a few years ago is a very real issue a quarter century later.