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It appears it is you are guilty until proven innocent because if you cant afford bail they put you in jail and you have not brnn convicted of any crime yet

2007-01-03 02:43:30 · 12 answers · asked by ? 6 in Politics & Government Law & Ethics

12 answers

No, you are not guilty because you are in jail, you are the ACCUSED. That's enough to want to keep you locked up, but not enough to keep you for long. The basic law is innocent until proven guilty for the simple reason that the alternative would be much, much less fair.

Consider if you were assumed guilty until you could prove your innocence. Perry Mason always proved his client was innocent by proving someone else committed the crime. How often do you think that happens? And should it be necessary to be the one to correct the police's errors and find the guilty party? How would you go about it when there you are in jail, and everyone is entitled to assume you are guilty?

Also, the guilty assumption would put way, way too much power in the hands of the police. This way, they turn you over to the district attorney with what amounts to "We think this is the guy. You prove it or he will walk." This creates a division of responsibility between the police and the DA, which helps avoid some (but clearly not all) corruption. Then it puts your defense attorney on a theoretically even footing with the DA.

The whole idea is that it is better that the guilty go free once in awhile when the system fails to work properly than have the innocent locked up. On the whole, I like our system better than any conceivable alternative.

2007-01-03 02:57:17 · answer #1 · answered by auntb93again 7 · 0 0

When a person is put in jail, it is a means of keeping them around until they can be heard in court. That does not mean they are guilty. The court system does not want people running away.
When you can pay your bail, it is a guarantee that you will show up in the courtroom and be heard.
The original law of 'innocent until proven guilty' is part of the U.S. Constitution.

2007-01-03 03:10:24 · answer #2 · answered by vgordon_90 5 · 0 0

It is only a legal term.
The term "innocent until proven guilty" is only in regard to the fact that when charged with a crime, the accused does not have to prove innocence as their innocence is assumed. It is up to the prosecution to prove "beyond a reasonable doubt" the guilt of the accused. (Note, it is not guilt beyond the "shadow" of a doubt as there is *always* some doubt).

As such, the accused is legally considered innocent until proven otherwise. It has nothing to do with being arrested.

2007-01-03 03:03:00 · answer #3 · answered by Phil #3 5 · 1 0

They want to make sure you don't run off and avoid the trial. There are always ways to find bail money, and you get it back after showing up for court. It's not saying you're guilty but they just want to be on the safe side.

2007-01-03 02:52:12 · answer #4 · answered by Scott K 2 · 0 0

If you are in jail, you did something to land you there, or possibly did. You are offered bail as a way of saying I promise to show up in court. If not, I understand that this money will be forfeited, and a warrant will be issued. If you are not willing to do that, though given the opportunity, then you will remain in jail until you see the judge. It has nothing to do with guilt or not, it has to do with ensureing you return to court, and do not run.

2007-01-03 02:49:32 · answer #5 · answered by ? 5 · 0 0

You are innocent until proven guilty in a court of law. However, detaining a suspect is pre-trial.

2007-01-03 03:48:03 · answer #6 · answered by Anonymous · 0 0

They put you in jail before the trial so you won't try to run away. If they let everyone be free before the trial, a lot of guilty people would never show up.

2007-01-03 02:49:11 · answer #7 · answered by Niecy 6 · 0 1

Bail is the financial guarantee you will show up for court. If you cannot afford the cash, you "pay" with your freedom.

2007-01-03 02:53:25 · answer #8 · answered by kingstubborn 6 · 0 0

It sounds good to the general public. If you have financial freedom, you have freedom from the law, and ultimately freedom as coined by the American Government... "Land of the Free". Prison is a business and the poor are the fuel.

2007-01-03 02:49:14 · answer #9 · answered by Anonymous · 2 1

whilst, as you comprehend, the regulation "e book" says you're harmless till shown in charge...yet, i've got discovered it truly is in charge till shown harmless...And, whether discovered harmless, it truly is nevertheless in charge!!!

2016-10-19 10:01:36 · answer #10 · answered by barn 4 · 0 0

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