Faun
Diamond Member
- Nov 14, 2011
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It's been proven. Presumption of innocence is a legal construct...No, it doesn't. Again, for the reading impaired, presumption of innocence applies to criminal cases. How many more times need I say that until it penetrates your armor of ignorance?Can I assume from your post that a simple yes or no question is beyond your cognitive abilities?I am not responsible for your delusions, dumbfuck. I never said what you falsely attributed to me. But no harm done, it's not like the forum doesn't already know you're batshit crazy.Yes you did. You are claiming the presumption of innocence doesn't apply to impeachment, right?And again, I never said any such thing. You're hallucinating again.
That's a yes or no question.
If not, let me try again.............
Does the presumption of innocence apply to impeachments?
Yes, or no?
Simple question dumbed down for a simpleton. I hope it isn't still over your head. Ask for help if you need it.
Son your word is shite. PROVE this assertion.
A bedrock principle of the American criminal justice system is that a defendant accused of a crime is presumed innocent until proven guilty beyond a reasonable doubt. This protection comes from the due process guarantees in the Fifth and Fourteenth Amendments of the U.S. Constitution. It exists to guard against convictions based on factual error. You may wonder, especially if you are involved in a criminal case, what does it really mean?
The presumption of innocence and the burden of proof work together. Essentially, the presumption transfers to the prosecution the obligation to prove every element of a crime beyond a reasonable doubt. This means that, if you are charged with a crime, you are not required to prove that you did not do it. At least in theory, you can say absolutely nothing at all, and the entire responsibility to prove guilt rests with the defenses.
What Is the Presumption of Innocence?
The presumption of innocence and the burden of proof work together. Essentially, the presumption transfers to the prosecution the obligation to prove every element of a crime beyond a reasonable doubt. This means that, if you are charged with a crime, you are not required to prove that you did not do it. At least in theory, you can say absolutely nothing at all, and the entire responsibility to prove guilt rests with the defenses.
What Is the Presumption of Innocence?
Presumption of innocence stems from English common law and is backed up by the 5th & 14th Amendments.
5th Amendment
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law ; nor shall private property be taken for public use, without just compensation.
14th Amendment
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.