3 ms·
There's this incredibly inconvenient thing in Anglo-American jurisprudence called "burden of proof". In criminal cases, until you show that the defendant is gui
by eindiran 7y ago
There's this incredibly inconvenient thing in Anglo-American jurisprudence called "burden of proof". In criminal cases, until you show that the defendant is guilty "beyond a reasonable doubt", you have to act like they're not guilty: also known as the presumption of innocence. "Ei incumbit probatio qui dicit non qui negat" (Latin for "the burden of proof is for the one who makes the claim, not the one who denies it").
See the links below, making special note of the fact that the "reasonable doubt" standard applies in both countries relevant to this case, the UK and the US (with the caveat that judges in the UK don't use the phrase anymore post-2008):
[0] https://en.wikipedia.org/wiki/Reasonable_doubt https://en.wikipedia.org/wiki/Reasonable_doubt
[1] https://en.wikipedia.org/wiki/Presumption_of_innocence https://en.wikipedia.org/wiki/Presumption_of_innocence
- Fjolsvith 7y agoYeah, I've been through the Federal criminal system. What I've noticed is that Federal prosecutors almost never file a charge they don't believe they can get a conviction for. Now, that being said, I do allow that sometimes the prosecutor is given bad or fabricated evidence, like what is turning up with General Michael Flynn's case.