The series of thoughts in the previous topic led me to these questions.
1. If we in America adhere to an innocent until proven guilty philosphy, how can we justify putting people in jail until the time of their trial?
2. If your trial is what will determine if you are innocent or guilty how can you be jailed everyday leading to the trial, during those very days you are to be presumed innocent?
I'm just curious as to the legal precedents that led to this philosophy. Any attempt at an explanation would be appreciated.
Aug 4 2002, 01:00 AM
There is an explanation to Jaime's query. If a person is arrested for an alledged offense they are booked and bail is set. Once bail is paid they are set free, and when they show up for their court date they get the bail money back. The only reason that an arrestee is not granted bail is if they would be concidered a flight risk (which I will admit is a little arbitrary; based mostly on whether they are from out of state/country or have several other warrents for their arrest for not showing up for court in the past) or if the crime they have been charged with is so horrible that they would rather risk holding an innocent man than finding out that they just released a child sexual preditor and he does it again. But even in those cases they are sometimes given bail anyway (but usually it is for a huge amount). There are literally 100's of thousands of warrents currently on the books for people who never showed up for their day in court to prove that they were not guilty. So although their are a few that have to wait in jail, most bail out. . .and sadly more than you think never even show up to court. So I don't know if there is a legal precedent, but it's just that you just can't trust every arrestee to show up for trial.
Aug 4 2002, 05:25 PM
If we in America adhere to an innocent until proven guilty philosphy...
I think they changed that to:
Innocent until proven guilty or convicted by the media.
At least it seems that way.
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