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You are not innocent until proven guilty but rather presumed innocent. In a legal sense this means that the it is encumbent upon the prosecution to prove your guilt and not encumbent upon you to prove your innocence. The arrest is made because there is a reasonable presumption of guilt but you are only sent to jail if the court is convinced you pose a flight risk. These matters seem to contradict a presumption of innocence but a declaration of freedom for all followed by the creation of a government to ensure justice is a contradiction as well. It is why the people have come together to form a more perfect union rather than a perfect union.

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15y ago
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11y ago

The status of "innocent until proven guilty" has both legal and moral elements.

To ask why, in a moral sense, is to ask what is necessary to do on the basis of what is fair or just. This differs widely around the world with many societies operating on a principle that is more like, "assumed guilty unless you can prove otherwise."

Usually, the argument for or against the presumption of innocence incorporates a weighing of the benefits to the accused with the dangers to the public or those who hold power. Hence, "why" a choice is made to support or oppose presumed innocence or presumed guilt will accompany a choice in deciding what, e.g. power, safety, fairness, is most important.

Aside from the moral issue, there is a legal issue. One presumes innocence or guilt in accordance with the prescription of law.

In the US Constitution, a person is innocent until proven guilty because of the Fifth Amendment clause which contains the phase, "no person shall be deprived of life, liberty, or property, without due process of law," among others.

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13y ago

Its just the way are country founded it. If someone did something bad but its not proven yet but accused why should they be treated innocent?

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Q: Why are you treated guilty until proven innocent?
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