[ SHOWGSD-L ] Re: Innocent until proven Guilty??? way OT

  • From: Peggy <pmick12@xxxxxxxxxxx>
  • To: Stormy435@xxxxxxx
  • Date: Wed, 18 Jul 2007 14:01:22 -0400

    Actually, that "beyond a reasonable doubt" apparently is not the 
case in all civil cases, only criminal cases.  At least, that's what the 
narrator said
on a program I watched last night on the OJ Simpson trial (yes, they 
still run programs on that fiasco).  He said, very clearly, that while 
in criminal cases
the jury, in order to find a defendant guilty, must make that finding 
without a reasonable doubt, but that was not a requirement in civil 
court.  Apparently
that's why OJ was not guilty of murder but in his civil trial was found 
responsible for murder.  (I don't understand the difference there, but 
there must be one.)
Peggy
Stormy435@xxxxxxx wrote:

>The phrase "innocent until "PROVEN" guilty always interested me.   It seems 
>to me that it's presumed innocent until judged guilty...etc....   There are 
>some innocents incarcerated, and guilty walking free, so I did some looking.   
>found this on a UK board.   The whole thread was fascinating.
>
>"http://www.phrases.org.uk/bulletin_board/22/messages/616.html";
>
>: The Fifth Amendment of the U.S. Constitution reads, in part, "No person 
>shall be ... deprived of life, liberty, or property without due process of law 
>..."
>: What this means, in plain terms, is that constitutionally you cannot be 
>executed, imprisoned, or fined without the proper course of justice taking 
>place.As you found out, due process, itself, is not defined in the 
>constitution, but 
>is universally recognized as meaning what we term as "a fair trial."
>
>: Going forward from there, a fair trial by a jury of one's peers requires 
>that the jurors approach the case with the thought that the prosecution is 
>required to prove the defendant guilty beyond a reasonable doubt. Since the 
>trial 
>begins with the prosecution not having introduced a single piece of evidence, 
>it follows that a defendant must be innocent, until proven guilty.
>
>So, the meaning of "..innocent until proven guilty.." derives from the fifth 
>amendment 
>  
>


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