Man arrested for taking photographs of children at bus stop.

Started Aug 15, 2012 | Discussions thread
glanglois Contributing Member • Posts: 987
Re: Thanks, Phil

I think you misunderstood me. I did not and did not intend to challenge that concept.

I will note, though, that if we actually used that as a firm legal premise we would not have arrests, bail, etc. until after the conviction.

Yes, I know it's complicated and is no more than a quick, informal saying that tries to encapsulate one view of burden of proof. The saying has been around since Mr. Garrow popularized it somewhere around 1800 but the concept behind it goes back at least as far as Justinian.

But I'm not suggested that we change the existing approach - the law is often about compromises and what is reasonable.

I will certainly not come to any conclusion about the guilt of the arrested person. We have no real data to go on and the fact that he's been released on police bail does not necessarily tell us a great deal.

IOW, the presumption of innocence, as it's generally applied, sounds like a fine idea to me.

jeffcpix wrote:

glanglois wrote:

Did I miss something?

Innocent until proven guilty.

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