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Topic: Presumption of innocence

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  Presumption of innocence - Wikipedia, the free encyclopedia
Presumption of innocence is a legal right that the accused enjoys in criminal trials in many modern nations.
Many people believe that presumption of guilt is unfair and even immoral because it allows the strategic targeting of any individual, since it's often difficult to firmly establish proof of innocence (for example, it's often impossible to establish an alibi if the person is home alone at the time of the crime).
In many countries belonging to the Anglo-Saxon legal tradition, the Principle of Presumption of Innocence is phrased such that "the accused is presumed to be innocent until it has been declared guilty by a court".
en.wikipedia.org /wiki/Presumption_of_innocence   (1464 words)

The 1993 case and Presumption of Innocence As a corollary to Presumption of Innocence, another refrain constantly heard in various forums is: "Michael Jackson was never convicted in 1993, so he is presumed to be innocent." Utter pish-tosh.
Since it never went to trial, there is no presumption of innocence, and people are entitled to believe whatever they wish about the extent of Jackson's guilt in that case.
If, as the Jackson supporters insist, the concept of presumption of innocence should be taken out of it's legal context and applied to the population at large, then they have an obligation to observe the same standards that they try to force on everyone else, for instance(s):
www.geocities.com /magpieix/poi.html   (954 words)

 The Legal Meaning of Presumption of Innocence
Your presumption of innocence does not mean that the court believes you are innocent.
The fact that you own your presumption of innocence and in fact are innocent is what the prosecution must overcome to gain a conviction.
If the presumption were a presumption of title you would maintain the title unless the opposing party proved their assertion.
www.tipmra.com /new_tipmra/presumption_of_innocence.htm   (1020 words)

Since a presumption is established on explicitly normative grounds, it is often difficult to claim that, just because a community presumes certain things, it follows that most of the community's members actually believe those things to be true.
In fact, if the presumption is doing any real normative work, and hence correcting people's prior beliefs, then individual members of a community should suspect the truth or appropriateness of the presumption in particular cases, but nevertheless believe that the presumption should be upheld so as to force the relevant countervailing arguments to be mustered.
The presumption of innocence in Anglo-Saxon law seems to work this way, but it also captures the attitude that disciplinary practitioners have toward a "widely held" theory in their field.
www.warwick.ac.uk /~sysdt/presumption.html   (3506 words)

 CNN.com - Date rape: Misconceptions about presumption of innocence - Oct. 28, 2003
The presumption of innocence is a requirement that applies only to the members of a jury in a criminal trial.
A related notion regarding the presumption of innocence is that it obligates jurors and potential jurors to believe at the outset that a rape complainant is probably lying when she accuses a defendant of date rape.
In other words, the presumption of innocence does not require jurors to be any more skeptical of the prosecutor's witnesses than they are of the defendant's.
www.cnn.com /2003/LAW/10/28/findlaw.analysis.colb.date.rape   (1299 words)

 Common Sense Americanism - The Foundations
The doctrine of Presumption of Innocence, supposedly at the very heart of the American system of justice, is not found in the Constitution.
A close parallel to the presumption of innocence is the presumption of freedom -- that freedom is not something the government rations to the people, but rather a birthright the people own in its entirety, to be loaned back in small parts to the government with their knowing consent.
The fair and full hearing, based upon the presumption of innocence, in a court or other jurisdiction ruled by the established law of the people, in accord with the foundational concepts of the Constitution, and in harmony with previous practices and decisions, constitutes our idea of Due Process of Law.
www.csamerican.com /fdns.asp   (4062 words)

 A comprehensive, legal analysis about the presumption of innocence.
It is that you are assumed guilty because of the assertion made and until your presumption of innocence prevails your protestation of innocence is simply the challenge to the prosecution to prove its case.
If the presumption is innocence you do not have to prove innocence as it is a given.
Regardless, the court not only assumes you are guilty but it also considers your presumption of innocence as nothing more then an inconvenience.
www.geocities.com /botenth/innocent.htm   (1131 words)

 Freeing the Innocent
Chief Justice William Rehnquist, for one, cited precedents suggesting that "a claim of actual innocence is not itself a constitutional claim." He ducked the question of whether a "truly persuasive" showing of innocence, by itself, was enough to render a conviction unconstitutional.
Such procedural bars have prevented the Innocence Project at Cardozo and others from getting access to DNA evidence that could be used to prove the innocence of inmates, some of whom are on death row.
The Innocence Project takes on only those cases in which the assailant’s identify was an issue at trial, relevant biological evidence was collected and preserved during the investigation, and future DNA testing could conclusively refute a finding of guilt.
criminaljustice.org /public.nsf/ChampionArticles/2000mar01?OpenDocument   (5393 words)

 The REAL POLICE Forum - Presumption of innocence
If we are not a "flight risk" or the crime is not a capital offense, we are entitled to be released either on some sort of bail or recognizance.
If either or both of those are found to be the case and there are no available conditions/restrictions etc., which the Court could place that would mitigate the prevailing circumstance, the person will be held in pretrial confinement.
Generally it is the governments burden to show that the person is a flight risk and/or danger to the community, however, there are several crimes which statutorily have a presumption of confinement.
www.realpolice.net /forums/printthread.php?t=30433   (586 words)

 Reasonable Doubt   (Site not responding. Last check: 2007-10-21)
So the presumption of innocence alone is sufficient to acquit the defendant, unless the jurors are satisfied beyond a reasonable doubt of the defendant's guilt after careful and impartial consideration of all the evidence in the case.
If the jury views the evidence in the case as reasonably permitting either of two conclusions---one of innocence, the other of guilt---the jury should of course adopt the conclusion of innocence.
An instruction on the state's burden of proof (reasonable doubt) and presumption of innocence are always required to be given even if the defendant's counsel fails to request such an instruction.
www.state.wv.us /wvsca/jury/crim/reasonable.htm   (435 words)

 FindLaw's Writ - Colb: Allen Iverson And The Presumption Of Innocence
FindLaw's Writ - Colb: Allen Iverson And The Presumption Of Innocence
Such statements, though quite common, misconstrue the role of the presumption of innocence in a criminal case and feed the mistaken belief--shared by many--that the Constitution requires everyone in the United States to presume that an accused criminal is actually innocent until a jury finds otherwise.
In a criminal trial, the presumption of innocence is an important constitutional protection for the accused.
writ.news.findlaw.com /colb/20020617.html   (1213 words)

 New Australian police powers overturn presumption of innocence
The legislation is an open assault on two long-standing principles in criminal law—the presumption of innocence and the rule that crimes must be proven “beyond a reasonable doubt”.
The presumption of innocence became entrenched after the English Civil War, followed by other basic protections for prisoners, such as the right to remain silent under interrogation.
Over the past century, the police have routinely subverted the presumption of innocence by falsifying evidence, intimidating witnesses and pressuring prisoners into making admissions.
www.wsws.org /articles/2001/apr2001/poli-a07.shtml   (1769 words)

 Telegraph | Opinion
Many want to know how the law can require a person to prove his or her innocence of smuggling on pain of having a car confiscated.
This states that, if a traveller coming back from the Continent cannot persuade Customs that the goods are held for personal consumption, it "shall be presumed that the goods are held for a commercial purpose" and the goods and vehicle therefore seized.
This reversal of the presumption of innocence, plus an appeals procedure stacked against the motorist, gives Customs the muscle it needs to try to thwart legal cross-border shopping.
telegraph.co.uk /opinion/main.jhtml?xml=/opinion/2002/07/05/do0505.xml   (308 words)

 presumption of innocence - Global Affairs Forum, Politics, Law, Science, Health
Martin, in general, of course, my personal presumption is the same as our legal presumption "innocent until proven guilty".
Generalities often break down when faced with specific situations, though, and this is one such example.
Presumption of innocence or innocent until proven guilty are terms that apply to legal proceedings and not to social or personal judgments unless you are serving on a jury.
www.globalaffairs.org /forum/showthread.php?t=17266   (1508 words)

 Straw Says Iraq Not Entitled To Presumption Of Innocence
Twelve years of defiance later, they are not entitled to any presumption of innocence.
Opponents of the use of force across Europe have cited the presumption of innocence as a reason for giving Baghdad the benefit of the doubt, unless clear evidence of arms violations is found.
The Government is now spelling out a rationale for its view that no further proof is necessary, using the same language of the courtroom as that used by its critics.
www.freerepublic.com /focus/f-news/848193/posts   (466 words)

 Beverly Hills, 90210: A Presumption of Innocence - TV.com
Beverly Hills, 90210: A Presumption of Innocence - TV.com
See all A Presumption of Innocence Cast & Crew »
Tell the world what you think of A Presumption of Innocence, write a review for this episode.
tv.com /.../a-presumption-of-innocence/episode/27497/summary.html   (351 words)

 NUJ: Regulation of Investigatory Powers (RIP) Bill
Apparently you are allowed to tell a lawyer, now you're on trial.
The problem is that not only are you assumed guilty and have to prove your innocence, you're also being asked to prove a negative - that you do not now possess something which you never understood you had for the four minutes you did have it.
Your lawyer is tempted to call Bertrand Russell as an expert witness in philosophical logic.
media.gn.apc.org /rip.html   (826 words)

 Presumption of innocence - The REAL POLICE Forum
Presumption of innocence - The REAL POLICE Forum
Law Enforcement Resource: Learn how to become a Police Officer, Ask A Cop, Background Checks, Criminal Justice Programs,
CHARACTER is what you do when no one is watching....
www.realpolice.net /forums/showthread.php?t=30433   (739 words)

 Digital Collections - Pictures - Pryor, Geoff, 1944- Great fiction of our time, #83 the presumption of innocence ...
Digital Collections - Pictures - Pryor, Geoff, 1944- Great fiction of our time, #83 the presumption of innocence [picture]
Great fiction of our time, #83 the presumption of innocence [picture]
If you wish to use it for any other purposes, you must complete the Request for permission form.
nla.gov.au /nla.pic-vn3259982   (92 words)

 the IDIOT: presumption of innocence
despite the continued destruction in the US of the "presumption of innocence" of common law, there remains a class whose comparative privilege to be presumed innocent (and usually protected from prosecution) is denied only after the last clutch of fingernails is pried from the circled wagons.
It was a Friday night, and Aaron Brown, as usual, was in high spirits.
Blair: 'God will be my judge on Iraq'
www.saltypig.com /blog/2006/03/presumption-of-innocence.htm   (618 words)

 Find in a Library: The presumption of innocence
Find in a Library: The presumption of innocence
To find this item in a library, enter a postal code, state, province, or country in the field above.
WorldCat is provided by OCLC Online Computer Library Center, Inc. on behalf of its member libraries.
worldcatlibraries.org /wcpa/ow/a72bf15fe428a06ba19afeb4da09e526.html   (43 words)

 Bonds presumed innocent, and great / MVP voters focus on slugger's stats, not BALCO link
In a season full of free passes, Barry Bonds just got one more.
He received the 2004 National League Most Valuable Player Award on Monday because of something resembling the presumption of innocence, which when applied to athletes is inflated to the presumption of unadulterated greatness.
The media members who voted on the award approached Bonds' connection to BALCO the way pitchers deal with him, trying to avoid taking him on directly.
sfgate.com /cgi-bin/article.cgi?file=/c/a/2004/11/16/MNGCD9S8RD1.DTL   (820 words)

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