Thursday, November 12, 2015

What is the Presumption of Innocence? ~ Chosen as "Best Answer" by Asker on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:      Why are criminals innocent at first? Like, in the COPS intro, in the near-ending of the COPS intro, the person speaking says that the criminals are 'innocent until proven guilty in a court of law.' Why does the judge need to find evidence to prove that the innocent person (criminal), is guilty? I asked this question because I don't know because I don't have enough knowledge of the government because I was in ESE (special classes), not regular classes, for a long time, and because special classes don't teach you about the government, only regular classes do that.

A:    Chosen as "Best Answer" by Asker on


Lawyers agree


Best Answer

chosen by asker
Answered I applaud your desire to learn and I encourage you to do so. That said, I don't know about your classes but I do know that AVVO is a website designed for folks to seek legal guidance for real world problems. It is not a forum for philosophical debate or for civics lessons. 

I also know that you don't need "regular classes" to do your own homework and that you can easily use your computer (which you obviously know how to do) to search various civics issues, including the history of the "presumption of innocence" (which is a big part of the bedrock of our - the American - system of criminal justice). 

There is a great exchange in the movie "Good Will Hunting" that goes like this: 

Clark (Scott Winters - a Harvard Student): I was just hoping you might give me some insight into the evolution of the market economy in the southern colonies. My contention is that prior to the Revolutionary War, the economic modalities, especially in the southern colonies, could most aptly be characterized as agrarian precapitalism... 

Chuckie (Ben Affleck - a "street kid"): Let me tell you something, all right... 

Will: (another "street kid", although a super smart one) Of course that is your contention... 

Clark: Hold on a second... 

Will: You're a first year grad student. You just got finished reading some Marxian Historian, Pete Garrison probably. You're gonna' be convinced of that until next month when you get to James Lemon, then you're gonna' be talking about how the economies of Virginia and Pennsylvania were entrepreneurial and capitalist way back in 1740. That's gonna' last until next year, you're gonna' be in here regurgitating Gordon Wood, talking about ya know, the Pre-Revolutionary utopia and the capital forming effects of military mobilization. 

Clark: Well, as a matter of fact I won't because Wood drastically underestimates the impact of social... 

Will: (interrupting) Wood drastically... Wood drastically underestimates the impact of social distinctions predicated upon wealth, especially inherited wealth. You got that from Vickers. "Work in Essex County", page 98, right? Yeah, I read that too. Were you going to plagiarize the whole thing for us? Do you have any thoughts of your own on this matter? Or do you, is that you thing, you come into a bar, you read some obscure passage, and then pretend, you pawn it off as your own, as your own idea just to impress some girl and embarrass my friend? You see, the sad thing about a guy like you is that in 50 years, you're gonna start doing some thinking on your own and you're gonna come up with the fact that there are two certainties in life. One: don't do that. And two: you dropped a 150 grand on a f*****' education you could have gotten for a dollar fifty in late charges at the public library. 

Clark: Yeah, but I will have the degree, and you'll be serving my kids fries at a drive thru on our way to a skiing trip. 

Will: (laughing) Yeah, maybe, but at least I won't be unoriginal. 

You may not be Will Hunting smart (I know that I'm not) but from the question that you asked I know that you are intelligent, capable and definitely clever enough to do your own homework. 

Hopefully you will never have to experience the criminal justice system first hand but you should be educated (whether by school or on your own initiative) and not have to rely upon the "Cops" introduction to form your base of knowledge. Like Will Hunting, use the many tools that you have available to you (the internet, the library, etc) and succeed.

I hope that I have been helpful in steering you in the right direction.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)

At Michael A. Haber, P.A. the goals in representing folks are A) to be honest and realistic about litigation objectives; B) to be fair in regard to fees; C) to be consistently available and responsive to the client (in person, by phone call, text, email, Facebook. Twitter and otherwise); D) to keep the client informed; and E) to secure your positive feedback / client review at the conclusion of each case.

At Michael A. Haber, P.A. "Its all about reasonable doubt"!

Michael A. Haber, Esq. is prepared to speak with you about your case!

Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1


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