United States v. Kaiser, No. 02-0609, 58 MJ 146 (in strict legal terms, the presumption of innocence flows from the fundamental right to a fair trial; the right to a fair trial is a fundamental liberty secured by the Fourteenth Amendment; the presumption of innocence, although not articulated in the Constitution, is a basic component of a fair trial under our system of criminal justice).
United States v. Kaiser, No. 02-0609, 58 MJ 146 (the presumption of innocence is a longstanding feature of both military and civilian law; it is a critical part of our tradition of justice and deeply imbedded in our culture as well as our systems of justice; as reflected in the language of Article 51(c)(1), UCMJ, the presumption of innocence is directly related to the requirement that guilt be established by legal and competent evidence beyond a reasonable doubt; put another way, the presumption of innocence embodies the principle that one accused of a crime is entitled to have his guilt or innocence determined solely on the basis of the evidence introduced at trial, and not on grounds of official suspicion, indictment, continued custody, or other circumstances not adduced as proof at trial).
The Whistle Is Screaming wrote:Ran across this on a local message board ...
You see, you are entitled, by the constitution, to the presumption of innocence - until proven guilty.
It emanates directly from interpertations of the 5th, 6th and 14th amendments.
What say you? Is a "presumption of innocence" protected under the constitution?
Discuss ...
Well, not explicitly, but many legal scholars say it is protected by the "penumbra" cast forth by the interrelation between the 14th Amendment and the cock in my asshole.
Goober McTuber wrote:I believe you are entitled to a presumption of innocence until you go on a date with Dinsdale.
I think implied consent applies here. If you agree to a date with Dinsdale, you have already agreed to get down. Presumption of innocence would only apply if you were unaware of what WAS going to go down on the date.
Derron
Screw_Michigan wrote: Democrats are the REAL racists.