Is it right to judge when they haven't tried or found guilty

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chris1989
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22 Mar 2024, 3:45 pm

Sorry I mean ''been'' tried or found guilty? I can't fit the whole sentence into the box.

Even though I find History problematic, it still fascinates and interests me and I've been trying to write my own history book on authoritarian rulers in history and writing a list at the moment but some of my choices include some that are actually still in power now like the Kims in North Korea and the Assads in Syria and of course none of them have and probably never will be put in a court of law for the terrible things they've done in power. At work, we have a book about Vladimir Putin who is still power and also will probably never go on trial for what he's done. There are so many books about other historical dictatorial leaders like Hitler, Stalin, Pol Pot etc and stood in a courtroom for their crimes against humanity.

I'm only saying this because I don't know whether it is legal as of course here in the UK, you probably can't write and publish something about someone who has been charged of a crime but not yet been found guilty for it as we still have to presume they are innocent until proven guilty.



The_Walrus
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22 Mar 2024, 6:05 pm

Judge? Yes, sure, especially if you have access to relevant evidence. We can judge Hitler and Stalin, we have pretty conclusive evidence that they ordered terrible things.

Punishing someone is another matter, as is taking actions that might prejudge a trial. So, for example, it's now fine to say "Mason Greenwood is a rapist" (because he is), but while his trial was pending, saying that might have compromised his right to a fair trial.



chris1989
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22 Mar 2024, 7:08 pm

Sorry again I've missed a word in a sentence.

I mean to say Hitler, Stalin, Pol Pot etc and ''never'' stood in a courtroom for their crimes against humanity.



DanielW
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22 Mar 2024, 7:33 pm

While you shouldn't deliberately publish untrue statements if you are presenting them as fact, you do not have to say or presume they are innocent just because they were never convicted in court. Its also not libel if the person in question is dead. You can not defame they dead or their memories either either as they no longer have a living reputation to damage.

Innocent until proven guilty only applies to the living. You may freely write about historical figures and any opinions you have of them.