Tuesday, October 5, 2010

Innocent until proven guilty

From Wikipedia:

"The presumption of innocence, sometimes referred by the Latin Ei incumbit probatio qui dicit, non qui negat (the principle that one is considered innocent until proven guilty) is a legal right of the accused in a criminal trial, recognised in many nations. The burden of proof is thus on the prosecution, which has to collect and present enough compelling evidence to convince the trier of fact, who is restrained and ordered by law to consider only actual evidence and testimony that is legally admissible, and in most cases lawfully obtained, that the accused is guilty beyond a reasonable doubt. In case of remaining doubts, the accused is to be acquitted. This presumption is seen to stem from the Latin legal principle that ei incumbit probatio qui dicit, non qui negat (the burden of proof rests on who asserts, not on who denies)."


At my first court appearance the prosecutor announced that just like in a criminal trial, we are all innocent until proven guilty. But I have to tell you, that is a lie. If I was INNOCENT in the court’s eyes, why do I have the burden of hiring an attorney to PROVE my innocence when the legal burden is on the one “who asserts, not on who denies”? And if the burden is on THEM, I shouldn’t have to do anything except show up.

I have a spotless driving record. My Dad was a police chief for crying out loud. I know the bloody rules of the road. I don’t speed, I don’t drive carelessly, I don’t pass improperly…. I don’t do anything wrong while driving. But I passed a State Trooper in my pretty blue car and that must’ve really pissed off the little twirp so he figures he’ll make me pay.

I was corresponding with a man called The Road Warrior today. It was quite depressing to tell you the truth. He says I need a lawyer. WHY SHOULD I HAVE TO PAY A LAWYER TO DEFEND ME WHEN I DIDN’T DO ANYTHING WRONG? WHY SHOULD I HAVE TO PAY A LAWYER WHEN I AM PRESUMED INNOCENT UNTIL PROVEN GUILTY? WHY SHOULD I HAVE TO PAY A $400 FINE, GET 4 POINTS ON MY LICENSE AND HAVE MY AUTO INSURANCE GO UP IF I AM INNOCENT? WHY SHOULD I PLEAD GUILTY TO A LESSER CHARGE IF I AM INNOCENT? Does that make sense to anybody? What on earth is wrong with our legal system?

Denville Municipal Court, YOU SUCK!!!

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