An equally fundamental question is what standard should be taken as "proof" of guilt to warrant punishment. My point is that the justice system cannot be perfect, meaning that it is certain at times to free the guilty and at other times to punish the innocent.

Given this state of affairs, the question becomes where the bar on "proof" should be set. By definition, the less we demand of the state before incarcerating an individual, the more innocents will end up in prison; alternatively, the higher the bar is set to prove someone guilty, the more criminals will go free.

I pose this not with any clear solution in mind, but simply to put it on the table as part of this same discussion.