Why is it you're innocent until proven guilty but you're still arrested?

Question

A true answer from your deepest thoughts, not just a programmed response.

Answer 1

You are guaranteed a presumption of innocence in a court of law until proven innocent.And no sentence may be imposed until you are found guilty or enter a plea.

Answer 2

You're arrested because the police had theoretically conducted an investigated an investigation of a crime, and conducted sufficient evidence which identifies you as the suspect. They have applied for an arrest warrant, which has been reviewed and approved by a judge, who has found there is sufficient probable cause that you are the person responsible for committing the crime in question.

The great thing about the "Innocent until proven Guilty" is that you as the defendant don't need to prove anything, the burden of proving you guilty beyond a reasonable doubt is the responsibility of the prosecution. The defense has to prove nothing.

Answer 3

Arrested means police believe they have sufficient evidence to have charges filed by the prosecuting attorney. Innocent until proven guilty means that arrests or charges do not presume guilt just a case for support to take to court. Guilt has to be decided by a judge and or jury. This serves as an overall safeguard that a person will not be judged legally by law enforcement but by a court that hears both sides of the story and then decides the truth of not guilty or guilty.

Answer 4

The power of arrest is a mandate given to certain members of a society by the central authority that allows them to remove a criminal or suspected criminal's liberty. Arrest usually leads to custody. In almost all jurisdictions, certain people are specifically assigned to law enforcement (the police), and these people use their power of arrest. However, in many countries, almost any free member of the society can (at least in theory) arrest someone; in this context, when used by an "ordinary man on the street", it is usually called a citizen's arrest.

When someone is arrested by the police, a specific series of events follows. The police must follow legal procedures during the actual arrest process, and at many other stages along the way to actually placing a suspect in jail.

The 4th, 5th, 6th, and 8th Amendments to the US Constitution dictate specific requirements by law enforcement and the courts. Additionally, the laws of this nation dictate the process of which after arrest, based upon probable cause the an offense has been or was about to have been committed, you have a right to trial where you are provided the process of showing guilt or innocense.

An arrest is not a conviction....that's the courts purpose.

Answer 5

KC V, you rock!

In simpler terms, an arrest is not a conviction or judgement. It is simply detaining someone for questioning. You need the suspect in your custody in order to have a thorough, and hopefully successful investigation. If the suspect is still out on the streets, then they would know what was going on and cover up evidence, threaten witnesses, etc. It is what anyone of us would do if we thought someone was a threat to the safety of society.

Answer 6

An arrest is a tempory restriction of liberty, based on probable cause that a crime has been committed.

Compared to prison for months or years, being in custody for hours or days is a much lesser intrusion. So, as part of the balance between individual liberty and society safety, the courts have set rules for low long individuals can be detained pre-trial.

Answer 7

you are arrested for an alledged crime. in court it is up to a jury to decide if you are guilty of this crime by hearing all the evidence. the prosecuter has to prove to the jurty beyond a shadow of a doubt that you commited the alledged crime. The burden of proof is on the prosecution. If they can't find enough evidence to convince the jury that you had commited a crime, you go free. that's just the way the justice system works.

Answer 8

This is jus a deep thought nothing i believe tho. "They" being the system are not sure if you did this crime and for the safety of the community they hold you **** i can't lie i don't know there assholes who want money i guess they hope you pay bail and never come back so they can keep your money then find you re arrest you and take you to jail where they make more money. Then they put you on parole or probation. And they throw so many obstacles your way say that you **** up. AND they arrest you again and say do more time so we can make more money and it goes on and on and on. My point is there is a system to keep people in jail.

Answer 9

If it were still the original way - then people would probably run away and hide so they would never get caught - then what happens to the victim................ plus, it would take more officers to hunt these people down and we just won't pay the extra taxes for this.
It's actually more cost effective to arrest and release later.

Answer 10

Here in Canada..it's called "reasonable grounds".
The officer has reasonable and probable grounds to believe that an offence has been committed.
Reasonable grounds?...a set of circumstances or conditions which would lead a person of ordinary care and judgement to a strong belief that a crime has been committed.