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View Full Version : Presumption of innocence


TombRaiderLover
24-03-09, 19:34
I believe that an accused person's right to be "innocent until proven guilty" is non-existant in English courts. If so, how long exactly has it been that way?

Mad Tony
24-03-09, 19:55
I never knew it was like that. The problem I always notice with British courts is that they hand out ridiculously short sentence to people who have committed very serious crimes.

angelfaithrox
24-03-09, 20:20
I never knew it was like that. The problem I always notice with British courts is that they hand out ridiculously short sentence to people who have committed very serious crimes.

I agree with this, the sentencing in Britain makes me sick to my stomach, so much that I just try not to think about it.

Murders being realised on parole in 7 years, and rapists getting 2 years and out in 6months for good behaviour, or worse than that so jail time just community service. :mad:

Buffy87
24-03-09, 20:39
The presumption is present in English law - at least I hope it is or my law lecturers are teaching us the incorrect thing.

The presumption of innocence is essentially a legal tool created by the law to favor the accused based on the legal inference that most people are not criminals sooo...

The duty lies with the prosecution to prove guilt - I think thats in Woolmington v DPP but I'm not certain.

So we do have the principle in England at least , and I assume by extension most common law countries have it. I know there was a common misconception that civil law jurisdictions don't but as I haven't studied them I can't say for certain whether it is a misconception or not.

However it is based upon legal guilt , factually you either did or didn't do the crime but legally a jury can acquit you even when you may have done the crime, for whatever reason.

Sentencing is a whole other issue and is a complete sham.