if we are innocent until proven guilty then why do people have to go to jail before they go to court
2007-01-26 11:31:18 · 30 answers · asked by wylted 3 in Politics & Government ➔ Law & Ethics
If you were guilty would you show up for the trial?
2007-01-26 11:34:04 · answer #1 · answered by feanor 7 · 4⤊ 0⤋
You're right, it is an enigma. How do you jail someone that you think is innocent? Obviously there's a problem. The way I had it explained to me is that only a jury has to assume your innocence before the trial has run its course. The rest of society are excused from that restriction. However, it is a problem how easily and with what little evidence non violent suspects find themselves in jail. Cuff happy cops, conviction happy DAs and penal happy legislators make the land of the free a pretty scary place sometimes.
2007-01-26 19:45:37 · answer #2 · answered by celebduath 4 · 0⤊ 0⤋
First comes the handcuffs and the Miranda, then comes the arraignment and then comes whatever trial or court order and then the judgment is carried out, i.e. jail or whatever else is deemed suitable. You have to be "processed" at the police station before the arraignment where you will be officially "charged." Innocense or guilt is only officially arrived at through the means of our Criminal Court sytem. That's where guilt or innocense is "proven."
2007-01-26 19:41:33 · answer #3 · answered by MJ D 3 · 0⤊ 0⤋
They aren't innocent until proven guilty. They're presumed innocent until proven guilty. They are arrested because they are suspected of committing a crime, which is why they are referred to as 'suspects'.
Understand the terminology before attempting to make a point.
BTW and FYI, presumption of innocence does not extend beyond the courts themselves. The arresting body of the judicial system (the police force) does not presume innocence nor are they required to.
2007-01-26 19:37:50 · answer #4 · answered by marklemoore 6 · 2⤊ 1⤋
Because guilty people don't hang around until their trial happens.
You can be arrested and held for up to 24 hours on suspicion of a crime.
If you get arrested on suspicion, you'll have been somewhere or have done something that causes an officer to think you may be guilty.
2007-01-26 19:35:46 · answer #5 · answered by flywho 5 · 2⤊ 0⤋
Thats why they have to bring people before a judge/magistrate within a certain time after arrest. Its up to the judge/magistrate to determine the validity and seriousness of the case. In minor cases people will be bailed, sometimes without any financial guarantee required. Bad boys will be locked up without bail until their full trial.
2007-01-26 19:36:32 · answer #6 · answered by Ranjeeh D 5 · 1⤊ 0⤋
Sure, instead of arresting someone and making them post bail to insure that they show up for trial, the police should simply send an invitation to trial in the form of a card with flowers.
2007-01-26 19:37:31 · answer #7 · answered by Clown Knows 7 · 1⤊ 1⤋
You go to jail when charged with a crime.A judge decides if you stay in or out until your trial.His only concern is will you show up to face the charges
2007-01-26 19:35:42 · answer #8 · answered by xphxpd 3 · 1⤊ 0⤋
My friend got locked up for nothing.(Supposely Resisting Arrest) Spent a month in Country for his case in front of the judge. He lost a month of his life over nothing and his charge(s) were dropped. Thats the law, if you prefer another country, go and be hung for stealing a piece of bread. I'll stick to our system.
2007-01-26 19:35:49 · answer #9 · answered by Joe Capo 5 · 2⤊ 1⤋
if they did not arrest before the trial, the drunk s. o. b. that ran into my nephew and made him a quadriplegic would have his head mounted on a stake. he stayed in jail long enough for me to cool down, before he got probation on his 5th d. w. i. related accident
2007-01-26 19:37:20 · answer #10 · answered by ron m 4 · 1⤊ 0⤋