Photo: Ann Althouse
Our criminal justice system is based upon the idea that a person is innocent until proven guilty. Until a jury decides whether they believe you are guilty or innocent, the law treats you as an innocent person. During your trial, the prosecution has the burden of proof to convince a jury that you are guilty. The belief behind this system is that if the government is going to take away your liberty, they must prove, beyond a reasonable doubt, that you in fact committed the crime. If they cannot prove you are guilty, you are allowed to keep your liberty. That is the way the system is supposed to work.
Unfortunately, the system isn’t that perfect. When the news reports that a person allegedly committed a crime, most viewers automatically assume that the person is guilty. If the newspaper reports on a teacher who is accused of having sex with his students, people assume that the teacher is guilty.
Even though our criminal justice system is based on “innocent until proven guilty,” the general public always rushes to judgment. During jury selection, the judge or lawyers will usually ask, “Does anyone believe that because a person is arrested and charged with a crime, they probably committed that crime?” Potential jurors often raise their hands. As a defendant, you wouldn’t want that kind of person on the jury deciding your future.
Because the general public has a difficult time with the concept of “innocent until proven guilty,” it is critical that you hire an attorney who can explain this concept to juries. If your attorney can prove that the prosecution cannot prove guilt, then you will be found innocent.
