Presumption of innocence, page-21

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FredR

425 Posts.

09/04/20

15:26

Post #: 43975798
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Presumption of innocence basically applies to keeping an open mind BEFORE and during the trial so as not to prejudice proceedings.

Once the case concludes and all the evidence is presented , people make up their minds on the likelihood that the defendant committed the crime based on whether there is a reasonable doubt according to the evidence.

If the jury thinks there is a 50/50 chance that the defendant is guilty they would still have to let them off because a reasonable doubt has been demonstrated.

"Innocence" actually means the defendant did NOT commit the crime. That's pretty hard to prove for sure unless someone else fesses up . The fact that the defendant is on trial in the first place means that there is evidence against them. Pell got off finally because that evidence was not enough to prove the case beyond reasonable doubt.
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jambo12

46,605 Posts.

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09/04/20

15:26

Post #: 43975801
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Originally posted by Glug ↑

So you posted what I had already posted, (article 14(2)) for no reason?

"No one is charged with a law, people are charged with breaking a law."

Yep, it could have been worded better, but I didn't think it need correction or clarification when it was initially posted after and was related to jambo12's "Everyone charged with a criminal offence".

"....Even without being charged we are all entitled to the presumption of innocence. If you are walking down a road a policeman cannot assume you are guilty without due cause. The presumption doesn't need a charge....."

According to jambo12's excerpt it does.

P.S. Without being charged with anything, there is no presumption of innocence nor is there a presumption of guilt. The presumption of innocence is to put the onus on the prosecution to prove a case beyond a reasonable doubt in legal proceedings. Read the article I posted earlier on this thread.

The court never ruled on innocence, that is not what they do.

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"So you posted what I had already posted, (article 14(2)) for no reason?"

I don't recall you posting that article, certainly not in the post to which I was replying.

Do you have a link to when you did so? If you do then I will reply to that one.
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