Innocent Until Proven Guilty: A Myth or Reality?

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The presumption of innocence is a fundamental principle of our criminal justice system. It means that everyone accused of a crime is considered innocent until proven guilty beyond a reasonable doubt. This principle is enshrined in the Sixth Amendment to the United States Constitution, which states that "in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence."

While the presumption of innocence is a noble principle, it is important to acknowledge that it is not always a reality. The criminal justice system is complex and flawed, and there are many ways in which the presumption of innocence can be eroded.

One of the biggest challenges to the presumption of innocence is the bail system. In many cases, defendants are held in jail for months or even years before their case goes to trial. This is because they cannot afford to pay bail. While defendants are presumed innocent, they are effectively punished simply because they are poor.

Another challenge to the presumption of innocence is the plea bargaining system. In most cases, defendants plead guilty to a lesser charge in exchange for a shorter sentence. This is often the best option for defendants, but it also means that they are giving up their right to a trial by jury and the presumption of innocence.

Finally, the criminal justice system is biased against certain groups of people, such as minorities and the poor. Defendants from these groups are more likely to be arrested, charged with crimes, and convicted. They are also more likely to be sentenced to longer prison terms.

Despite the challenges, the presumption of innocence is an important principle that we must continue to strive for. It is a reminder that everyone deserves a fair trial, regardless of their race, ethnicity, social class, or income.

Here are some specific examples of how the presumption of innocence can be eroded in the criminal justice system:

A defendant who is arrested and held in jail for months or even years before their case goes to trial is effectively punished even though they have not been convicted of a crime.
A defendant who is pressured to plead guilty to a lesser charge in exchange for a shorter sentence is giving up their right to a trial by jury and the presumption of innocence.
A defendant who is from a minority group or is poor is more likely to be arrested, charged with crimes, and convicted. They are also more likely to be sentenced to longer prison terms.
We need to address these challenges in order to ensure that everyone has a fair chance of justice. We need to reform the bail system, make plea bargaining more fair, and reduce bias in the criminal justice system. Only then will the presumption of innocence be a reality for everyone.

#andrebelanger #lawyer #lawschool #criminaldefense #criminaljustice
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This is so true we need to stand up and fight back everyone

michaelpeters
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Guilty first when all judges and lawyers are trying to keep the license to continue to practice. They are bound to the bar.

TheNotoriousBTC
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This is part of why we need to take our government back

richardgagne
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They make it a misnomer, ask Cletus, Pookie, and Trump.😮

realbhopwood
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Guilty until proven innocent. I've lived it. With a public pretender paid for by the state, you're pretty much fucked.

tonywhite