A repository for Marcospinelli's comments and essays published at other websites.

Paris Hilton Charged With Felony, Denied Ownership Of Cocaine Purse: Police

Monday, August 30, 2010


It is the PREsumption of innocence, not theASSumption of innocence. People are not innocent until proven guilty. They are either innocent or guilty, and according lawyers who have tried to explain this to me, one can assume a suspect is guilty simply because he or she has been arrested and arraigned. The presumption of innocence is an agreement to set aside one's own personal feelings or opinions, and judge the case based solely on the facts presented.

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What you've written is significantly muddled, but if you're saying that a person can be assumed (by whom?) to be guilty because she's been arrested, then no, that's not accurate.



The presumption of innocence (the principle that one is considered innocent until proven guilty) is a legal right of someone accused in a criminal trial.



The burden of proof is on the prosecution, which has to collect and present enough compelling evidence to convince the trier of fact (judge and/or jury), who is restrained and ordered by law to consider only actual evidence and testimony that is legally admissible, and in most cases lawfully obtained, that the accused is guilty beyond a reasonable doubt.



In case of remaining doubts, the accused is to be acquitted.



But if you're not the judge or on the jury, you can PREsume or ASSume any d@mned thing you want.
Read the Article at HuffingtonPost

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