If a person is considered innocent until proven guilty?

Question

By a court of law.Then why do they arrest them put them in jail?Prior to the evidence being brought into court.It seems you are guilty until proven innocent/not the other way around.

Answer 1

From your question it sounds like someone is upset that they were arrested without any proof. Unfortunately if a person calls the police and reports a crime, the police officer has little choice but to make an arrest and allow the accused his/her day in court. There have been cases were the police acted over jealously and should not have made the arrest but, instead they should of referred the case to the D.A. for further consideration by a grand jury. The good thing is that most people condemn the use of excessive force, police brutality, false arrest and you can sue if you feel your rights were violated.

“..Innocent until proven guilty.." The Fifth Amendment of the U.S. Constitution reads, in part, "No person shall be ... deprived of life, liberty, or property without due process of law ..."

What this means, in plain terms, is that constitutionally you cannot be executed, imprisoned, or fined without the proper course of justice taking place. Due process, itself, is not defined in the constitution, but is universally recognized as meaning what we term as "a fair trial."

Presumption of innocence is a legal right that we all are granted. It states that no person shall be considered guilty until finally convicted by a court. The burden of proof is thus on the prosecution, which has to convince the jury that the accused is guilty beyond a reasonable doubt. In principle, the defense does not have to 'prove' anything. However, the defense may present evidence tending to show that there is a doubt as to the guilt of the accused.


Hope this helps,

Joe at www.bailyes.com

PS: below are a few links 1.regarding false arrests and 2. regarding the Arrest thru arraignment process

Answer 2

A person is arrested because the officer has found reason to detain a person caught in violation or with an outstanding warrant to for arrest - for such as failure to appear in court.

A person booked on charges may be placed into detention to await trial if they are deemed either a flight risk or a danger to themselves or others however many states will allow a person to post a bail, which a money put on hold with the court as a promised to return. The amount of the bail is determined based on the serverity of the crime acussed, the past history of the suspect and the prelimary evidence provided, officer report, witnesses... What make it work is that there are timelines to determine due process and speedy trial. Our system is actually pretty fair and unlikely to convict Harrision Ford's character instead of the "one-armed" man. (the fugitive)

what is in the news about enemy-combatants - is arbitrary and unlimited detention without due process, expedience, fair representation or disclosure of the evidence. Use of secret evidence to lock up people indeterminately.

Answer 3

The police arrest people they believe to be guilty based upon reasonable evidence (which may or may not stand up in court) & jail them to protect society. It is during a trial that the accused must be considered innocent by the judge & jury unless proven otherwise. Anyone else, including the police, doesn't have to consider a person to be innocent of a crime. We are free to believe whatever we want about a person's guilt or innocence.

Answer 4

Well, you need some way of making sure he's gonna GO to court instead of skipping it, right? You'll have a bit of a problem when a possibly dangerous fugitive is running loose. With bail, if you don't show up, you don't get your money back.

Also, when a suspect is caught beating the crap out of someone, it might be best to arrest him to get him to calm down before he hurts anyone else. Plus, sometimes judges will count however much time spent in jail as part of the prison sentence.

Answer 5

Your record is clean (innocent) unless proven guilty. The law locks up person they have resonable belief broke the law. The courts may elect to set a bond if the person may be a flight risk.
And yes if you are locked up your are most likely assumed guilty unless you can prove you are innocent, but history has shown it is safer to lock up potentionally dangerous people then let them loose.

Answer 6

People are only arrested (when the cop is good) when there is sufficient evidence of there guiltiness that they are a threat to people. By putting them in jail, the police are trying to protect the people.

Answer 7

First you have to understand that you are not under common law.

If you have a social security number, driver's license, marriage license, business license, etc, you are in commerce and subject to the entire commercial code.

The government, therefore, is not your servant, it is your master.

If you were solely a sovereign Citizen of your state Republic, the federal government would be your servant, and you would be the master and they would have no authority to "arrest" you unless you violated someone's person, property or reputation.

Because you have chosen to be a 14th amendment federal citizen by entering into any of these contracts with the corporate "State", you do not have Constitutional Rights, instead you have civil rights and immunities.

Welcome to George Orwell's 1984.

Answer 8

The phrase "presumed innocent" is merely a description of the burden of proof at a trial. The jury is instructed that the prosecutor must prove the commission of the crime and if he fails, then the jury should acquit. It has no greater meaning. Yes, I do support the notion that the prosecutor should bear the burden of proof. Proving a negative is too high of a burden on accused people and is contrary to the basic values of the constitutional provision that no person shall be deprived of life, liberty or property without due process of law. That clause should apply to all crimes.

Answer 9

What are you supposed to to with someone who has commited a crime, esp. a violent crime send the person home with a note pinned to his shirt saying that he must promise to be in court on such and such date ?

The court in THIS country will prove , given evidence if you are guilty or not.

Many people do not know this simple concept.

Answer 10

a person can be release prior to thier corat date if they can prove they arent a threat to the public or a flight risk. thats the principal behind bail anyway. some people arenreleased because they evaded the police, or they are charged with a violent crime and the public's right to safety over rides the indivdual right as long as they aren't be abused.