The presumption of innocence is an essential part of the 14th amendment’s “equal protection under the law.” In a criminal trial, the defendant must be considered innocent until proven guilty in order for a fair judicial process to exist. No criminal justice system is perfect, but this idea helps keep the rights of those accused by state or federal governments and avoids discrimination and corruption on the part of judges.

Unfortunately, the criminal justice system in the United States has many flaws, especially when the presumption of innocence is not taken seriously. According to WYNC, in 2007, 19-year-old Donovan Drayton was accused of murdering a 30-year-old man in Queens, N.Y. Drayton pleaded innocent, but due to the severity of the crime, the judge refused to grant bail. Five years later, Drayton was still awaiting a trial from behind bars. Delayed trials in combination with the failure to recognize the presumption of innocence create an unbelievably unfair system in which discrimination can go unnoticed.

Drayton’s attorney had said on the record that he believes the prosecution purposefully delayed the trial, saying that spending long periods of time can “cop a plea,” or force a defendant to make a false confession. This kind of thinking is exactly why the presumption of innocence is so important. Drayton’s trial in 2013 finally cleared him of all charges but one, possession of a weapon.

Putting innocent civilians in jail is not an option for a country that prides itself on its freedom and equal rights. Assuming that people are innocent (especially when there is a quick trial after charges are placed) needs to be a part of the criminal justice system. Drayton’s case showed the simplicity of corruption in cases where the defendant is subtly presumed guilty. If Drayton had been presumed innocent throughout his trial, he would not have gone through the mentally and physically exhausting process of enduring jail time as a pretrial detainee.

In order to be detained, one must be proved guilty beyond reasonable doubt. In a country plagued by delayed trials, the presumption of innocence is clearly a necessity. It is considered to be an international human right under the U.N.’s Universal Declaration of Human Rights. If reasonable doubt remains after the trial, the defendant must be acquitted. This is how our country’s system was created, and internationally is recognized as the most equal and fair form of trial.

This ideology is what sets us apart from periods of time where women accused of being witches were burned alive, and people of color had no chance of winning a trial in which they were the defendant. Although scenarios like Brett Kavanaugh’s are exceptionally emotional and very sensitive, any defendant must be proven absolutely guilty, which is often difficult with cases being tried decades after the original alleged incident. The U.S. cannot fall back into a place where discrimination against people is such a basic part of our government as the criminal justice system. It is necessary to remember the danger of our actions if assumptions are made during the process of a criminal trial.