3 ms·
>why not? Doesn't the US justice system operate under the principle of "innocent until proven guilty?" Innocent is not a finding or disposition in the Court.
by will_brown 10y ago
>why not? Doesn't the US justice system operate under the principle of "innocent until proven guilty?"
Innocent is not a finding or disposition in the Court. You are likely to find the following dispositions in a given criminal case: guilty; not guilty/acquittal; no info (the State drops the case prior to trial but after filing charges, usually due to lack of evidence); nolle prosequi (State drops charges, usually in exchange for a plea or diversion program); withholding of adjudication (closing ones case without a formal conviction).
"Innocent until proven guilty" is very nice sounding, but the reality reads more like this: "the State shall have the burden to prove all the elements of the charges it brings against a criminal defendant beyond and to the exclusion of every reasonable doubt". The difference, the Defense doesn't have to prove its innocence, it doesn't have to do anything, the defense can just sit quietly and watch the State fail to prove its case.