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NO, 'innocent until proven guilty' is NOT the rule of law in
Posted on: February 10, 2018 at 12:38:14 CT
MizzouTigerz MU
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the courts.
A person is PRESUMED innocent in the eyes of the law until a finding of guilt in a court of law, either by proving it to the satisfaction of a jury or a judge, or by admission of guilt by a defendant, and a legal finding is made by the judge based upon the guilty plea. It is what is called a legal fiction.
https://thelawdictionary.org/presumption-of-innocence/
https://thelawdictionary.org/fiction/
Any person who commits a crime is guilty of that crime. A legal fiction which is used by the courts to assure a fair and impartial process does not make a guilty man innocent until a jury or a judge says he's guilty. It is a mere tool to ensure an orderly process. We have an imperfect system that says we will treat a defendant, legally, in the court system, as if they are innocent, until there is a determination made by a judge or a jury that the person is guilty. It is about legal status before the law, NOT ACTUAL FACT. The person's legal status may, or may not be the same as actual fact, but we all know guilty defendants go free because of failure to prove guilt beyond a reasonable doubt, and that innocent people are convicted of crimes they never committed. No judge or jury will ever change the truth to a lie, that a guilty man is innocent, or that an innocent man is guilty. It is simply how they are treated by the law. Their real status, without regard to any fiction, is that when a person commits a crime, they are guilty of having committed that crime. If they do not commit a crime, no jury or judge's finding will ever make them guilty.
Edited by MizzouTigerz at 12:38:54 on 02/10/18
A person is PRESUMED innocent in the eyes of the law until a finding of guilt in a court of law, either by proving it to the satisfaction of a jury or a judge, or by admission of guilt by a defendant, and a legal finding is made by the judge based upon the guilty plea. It is what is called a legal fiction.
https://thelawdictionary.org/presumption-of-innocence/
https://thelawdictionary.org/fiction/
Any person who commits a crime is guilty of that crime. A legal fiction which is used by the courts to assure a fair and impartial process does not make a guilty man innocent until a jury or a judge says he's guilty. It is a mere tool to ensure an orderly process. We have an imperfect system that says we will treat a defendant, legally, in the court system, as if they are innocent, until there is a determination made by a judge or a jury that the person is guilty. It is about legal status before the law, NOT ACTUAL FACT. The person's legal status may, or may not be the same as actual fact, but we all know guilty defendants go free because of failure to prove guilt beyond a reasonable doubt, and that innocent people are convicted of crimes they never committed. No judge or jury will ever change the truth to a lie, that a guilty man is innocent, or that an innocent man is guilty. It is simply how they are treated by the law. Their real status, without regard to any fiction, is that when a person commits a crime, they are guilty of having committed that crime. If they do not commit a crime, no jury or judge's finding will ever make them guilty.
Edited by MizzouTigerz at 12:38:54 on 02/10/18
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NO, 'innocent until proven guilty' is NOT the rule of law in - MizzouTigerz MU - 2/10 12:38:14