When was it that you were guilty until proven innocence?

Answer 1

You have to be found guilty by a preponderance of the evidence. It is very difficult to prove a negative, however, a good prosecutor can present the facts in a manner that makes an innocent man appear guilty. I am sure you have heard of prisoners getting out and off after many years in jail due to the fact there really are excellent lawyers who do care and others who do not care much.

There have been cases where a person was found guilty of murder without a body. This was all done with circumstantial evidence. There are good lawyers and mediocre lawyers and some very poor lawyers, however, there are also some exceptional lawyers who can get a guilty verdict without the body. This does not mean the defendant was actually guilty. It means the prosecutor was a very good actor who could sway the jurors. He probably could also bring in a NOT GUILTY verdict if he was the lawyer for the defense.

Most lawyers do not do well in front of a jury. They are not Perry Mason. Perry is a figment of someones imagination. Jerry Spence is REAL and could probably get anyone off. Good lawyers are very good actors and orators. They have to present their case in a manner that is understandable to jurors of low intellect as well as jurors of high intellect. Often the jury is made up of people who are smarter than the lawyer for the defendant.

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ANOTHER VIEW: To cut right to the chase - - In the U.S., you do NOT have to prove yourself innocent. You are always presumed to be innocent until the prosecution proves that you are guilty.

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Clarification: In the US legal system, different situations call for different standards of proof. The "preponderance of evidence" standard is the lowest standard (the so-called 51% standard) and generally applies to questions raised in civil cases. There is a "clear and convincing evidence" standard which is more rigorous, and it applies to situations such as an injured person's claim for punitive damages. The general standard in criminal cases is "beyond a reasonable doubt," and this highest standard of proof is required because criminal liability can involve severe sanctions like imprisonment or death.

Answer 2

Yes.

Added: In the US and in many countries the above answer would be correct. However in some countries, especially those that follow the Napoleanic Code of Justice (i.e.: France, for instance) you are guilty until you prove yourself innocent.

Answer 3

Being presumed innocent until proven guilty is a fundamental concept in American criminal cases. This includes everything from murder down to a moving violation.

A lot of people don't really understand what it means. It doesn't mean you are "innocent" of the actual criminal act. In fact there may be overwhelming evidence you did commit it!!!

What it does mean, however, is that when you walk into a courtroom for a trial, it is up to the prosecution to build a case against you, which you have the chance to knock apart through cross-examination of prosecution witnesses, putting your own witnesses on, in doing things like claiming procedural errors (including things like invalid searches). In the end it means you don't walk into a courtroom having to prove your innocence out of the box.

Answer 4

You are innocent until proven guilty(ex: US) in some countries, but in other countries you are guilty until proven innocent. (ex: France)

Answer 5

an innocent man guilty