I would contend that Blackstone was of the position that no innocent person who was not of sufficient suspicion of committing a crime should be investigated.
These are innocent bystanders. There is nothing suspicious about their activities other than they did something that a suspected criminal did. A perfectly legal activity? To take this to the ridiculous side, are we going to investigate everyone who took a poop at a specific time because a criminal did?
Wait. Aren't "innocent bystanders" literally the first people the police wants to get ahold of, to interview and yes, potentially investigate if there's something off? People don't spontaneously become suspects, as if by radioactive decay; some degree of investigation comes first and is what turns "innocent rando" into a suspect.
> Aren't "innocent bystanders" literally the first people the police wants to get ahold of, to interview
Yes. But that's not the same
> potentially investigate if there's something off?
If you're asking information from people who witnessed a crime *and volunteering information* (which is not investigating that person and not accusing them of a crime, nor is lack of volunteering information a suspicious activity) and they then generate suspicious evidence, then yes, that enables capacity for investigation. It is true that things are not static, time exists, and entropy marches on.
That's the difference. There is nothing that these people did that warrants suspicion. These people are not being asked or questioned. This was not done voluntarily. They didn't even know this was happening to them. This was a thing imposed upon them, full stop.
I want to give a scenario to help make things clear. Suppose I send nudes to my partner. The government intercepts these without my knowledge, looks at these, and deletes them, and literally nothing else happens. Is this okay? I did not know this happened to me. No "harm" has fallen upon me. And as far as I know, nothing has changed in my life. But then later I find out this happened. Let's say 20 years later. I feel upset. Do you not think I am justified in being upset? I think I do. My rights were violated. It is worse that it was done in secrecy because it is difficult for me to seek justice. It is because I have the right to privacy. It is a natural, de facto, negative, but a god given right. They put my information at risk by simply intercepting it and making a copy. It was unnecessary and unjustified.
> Blackstone was of the position that no innocent person who was not of sufficient suspicion of committing a crime should be investigated
I expect so. But pretending that's what he was talking about in the quote you were referencing is going to undermine your (our, probably) position with those not already convinced.
I'm not convinced I am taking him out of context[0]. Was Blackstone not also discussing natural rights? I see him as viewing punishments as infringements on ones rights. As a spectrum. And those rights even including the simple aspect of presumption of innocence. My best understanding is that so much is literally about the mundane and simple. Because natural rights are... well... natural. They are things we have until we don't. That's why they are called negative rights, because they need be removed, not given. Punishments (infringements) can be extremely minor to major. But they are still one in the same because it is about the concept in the abstract. Or rather, in generalized form.
As far as I can tell, this is explicitly within the context of the quote.
That said, I do see your point and appreciate your feedback. Maybe this can be an opportunity to turn this into a lesson? It seems too cumbersome to bring up from the get-go and similarly backfire. But discussing in the abstract is a difficult task when it is neither a natural way of thinking nor is it a common way that is taught. But I still think it is an important tool and something that does distinguish humanity. I am open to suggestions (I think HN of all places is more likely to be successful when discussing things in the abstract, but it is still general public).
These are innocent bystanders. There is nothing suspicious about their activities other than they did something that a suspected criminal did. A perfectly legal activity? To take this to the ridiculous side, are we going to investigate everyone who took a poop at a specific time because a criminal did?
https://www.youtube.com/watch?v=DJklHwoYgBQ