and No I'm neither a Democrat nor a Defense Lawyer
2007-03-25 21:56:46 · 11 answers · asked by hobo 7 in Politics & Government ➔ Law & Ethics
the goal is innocent until proven guilty, but society has a strong bias towards law enforcement. we want to believe our police, prosecutors are right and we trust them to make good decisions. That and the bias towards what we think is the criminal stereotype, leads to a leaning towards guilty until proven innocent. Generally for society at large the thinking is If you cant trust your law enforcement people, who do you trust, the defendant, an unknown?
Just look at all the people that have been released from prison due to dna evidence. Juries of our peers sent them there trusting the prosecutors. If there has been that many innocents locked up where dna found them to be innocent later, how many others have been unjustly imprisoned with no dna evidence to absolve them? Scary thought
2007-03-25 22:12:21 · answer #1 · answered by onlinedreamer 3 · 1⤊ 0⤋
I would like to think so, but I believe it exists in American folklore!
While you are much more likely to get a fairer trial with a jury, many crimes are dealt with at a District Court level. Most, but not all, judges will side with the cop 999 out of a 1000 times. I think in District courts you are guilty until proved innocent.
Now, that being said, some people are almost always innocent of everything. Like Bob Dylan said, "Money doesn't talk, it swears!" and justice sure isn't blind when it comes to money!
2007-03-26 05:07:25 · answer #2 · answered by cantcu 7 · 0⤊ 0⤋
Well this is at least what Americas are told - and like to think - but in reality it is not as simple as that.
There are a lot of Guilty people presently behind bars merely because a Judge/Jury decided that they were guilty of crimes - that were impossible for many of them to commit because they were somewhere else when the crime was committed or because they were not identified correctly and only appeared to look like the criminal who actually committed the crime..
In many instances the "truth" that the Jury is expected to find is never found.
Did OJ kill his wife? - A jury thought so. -
Then too, the "Truth" in many cases is merely only what those in authority - the Judge or Jury - have a tendency to believe and not necessarily what actually existed at the time the crime was committed.
Prime example of this is a person who only looks like the suspect but was miles away at the time of the commission of the crime. The Jury believes "eye" witnesses who "positively" identifies him/her to have committed the crime - so they have "arrived at the truth" - and convict the wrong person!
Happens every day - and unfortunately this is impossible to avoid.
For the most part our Justice system is a Sham and a fraud. -
Unfortunately its the best we have to offer!
2007-03-26 07:09:34 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Guilt must be proven beyond reasonable doubt under the Penal Law. Evidence must prove the crime and the person guilty of doing it. Thus, a person is still innocent until evidence is presented to declare him guilty after thorough cross examination in court of the witnesses presented and examination of physical evidence presented.
2007-03-26 05:00:09 · answer #4 · answered by FRAGINAL, JTM 7 · 2⤊ 0⤋
From what I have learned about justice and rights. Nothing is about to prove but about to buy. If you can afford a good lawyer, you have your rights garanteed otherwise, you will be guilty of anything you become acused of. There is no justice or rights for people who has no real money. It doesn't matter if you are a democrat or republivan, no money, no honey !
2007-03-26 05:08:13 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Well according to the Consitution we are all Innocent until proven guilty be since you hear a lot about people who have been charged with a crime losing their jobs, etc BEFORE they are tried, it does make you wonder doesnt it?
2007-03-26 05:01:35 · answer #6 · answered by Anonymous · 1⤊ 0⤋
In most cases NO...however when it comes to the IRS or any government agency I would have to say YES.
I paid the IRS 10,000 and now they have conveniently mislocated and I have to prove I paid or suffer paying again plus penalties and interest....what a crock!
2007-03-26 05:02:10 · answer #7 · answered by Rada S 5 · 0⤊ 0⤋
The degree is higher under Islamic Law. It must be proved beyong 'the shadow' of doubt.
2007-03-26 05:17:00 · answer #8 · answered by 911 2 · 0⤊ 0⤋
I am already guilty for doing good deeds without proven innocent by my own country. hahaha.....
2007-03-26 05:20:23 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Nope, I haven't done anything wrong.
If you're refering to those accused in a court of law then also the answer is no, why would you think otherwise?
2007-03-26 05:00:31 · answer #10 · answered by Anonymous · 0⤊ 0⤋