Ask Me Help Desk - Innocent till proven guilty

Quote:

Originally Posted by JudyKayTee

The original question was: "In our justice system, isn't a defendant presumed, to be Innocent, by the jury, until a Unamious verdict of guilt beyond a reasonable doubt, is reached ?"

The answer is, yes.

I have no idea what Attorneys being mentioned/not mentioned as a profession in the Constitution has to do with anything.

Asked and answered.

Are you going to post whatever your specific situation is so some other people can give some advice?

Go look at your answer telling me that trials are not all done by jury, didn't you say that ? Sounds like lawyer double talk to me!! Now when I mention that lawyers are NOT even mentioned in the Constitution, which should tell us something about the jurisdictions mentioned, that a Human plaintiff, whose Rights have been violated or infringed on brings charges, can now be done by the State, this is the same crap as the Star chambers under the Crown. So explain what a Hung jury is, seems I can NOT find that in the Constitution either!!

Quote:

Originally Posted by nostradamus

You evidently are a lawyer/attorney, which aren't even mentioned in the Constitution, so what could you know about Common Law ? You guys have a great time twisting the law to make it seem like somebody needs you to talk for them !!!! With a hung jury, something you guys can't explain, that if you are presummed Innocent and it can not be proven otherwise, then there is reason for another trial !!!!! Go look at the original question !

Where is this coming from? Why are you asking these questions? Sounds like you think something went wrong.

As for a hung jury, that simply means the jury couldn't reach a verdict one way or the other. This allows the prosecutor to decide whether to refile charges. This has nothing to do with innocent until proven guilty. Until a court finds the defendant guilty he is presumed innocent. If the court acquits the defendant then he cannot be tried again.

Are you saying that if you get charged with raping a girl and if a jury does not find you guilty, you are still considered to be a rapist ? So if one juror is not convinced you are guilty then there is a hung jury?? I thought it had to be a Unamious verdict ? This is NOT logical, some one can accuse you and for the rest of your life you are presummed innocent but they can retry yiou at any time??

Nostradamus. A hung jury means that it wasn't a unanimous verdict. At this time the prosecutor can refile the charges and they can once again have a trial to present the charges to a jury.

You are presumed innocent until found guilty in a court of law. So, if it's a hung jury you are still presumed innocent until you are convicted of the crime you've been charged with.

If the jury unanimously decides that you aren't guilty, then you aren't guilty under the law.

If the jury decides you are guilty then you have been convicted of that crime and are in fact guilty under the law.

Do you understand now?

I would still like to know why you want to argue about this, you obviously are very angry about something that none of us can change. The law is the law, you don't have to like it, but you do have to abide by it and live with it.

No sense fighting about something you can't change.

Quote:

Originally Posted by nostradamus

are you saying that if you get charged with raping a girl and if a jury does not find you guilty, you are still considered to be a rapist ? so if one juror is not convinced you are guilty then there is a hung jury ??? I thought it had to be a Unamious verdict ? this is NOT logical, some one can accuse you and for the rest of your life you are presummed innocent but they can retry yiou at any time ??????

In the eyes of the law, no. Not sure where you got that from what I said. It has to be an unanimous verdict IN EITHER DIRECTION! It has to be unanimously guilty or unanimously innocent. Anything else is an incomplete trial that can be retried by the prosecutor.