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Malizz
Discussion » Statements » Rosie's Corner » A murder is caught on TV and taped. The killer is clearly identifiable. Does he/she still enjoy the presumption of innocence? How and why?

A murder is caught on TV and taped. The killer is clearly identifiable. Does he/she still enjoy the presumption of innocence? How and why?

Posted - March 4, 2018

Responses


  • 2217
    The court will require to establish that the evidence is admissable and make formal confirmation of the identity of the person in question. 
      March 4, 2018 1:03 PM MST
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  • 113301
    Thank you for your reply Malizz and Happy Sunday to thee!  :)
      March 4, 2018 1:27 PM MST
    0

  • 7280
    It might help to think of "presumption of innocence" as a category that people who are suspected of committing a crime are placed until they are officially declared either "not guilty" or "guilty" by a court of law.

    Since a defendant is "presumed innocent" (the category), he has certain rights that proceed from being in that category, to wit:

    Due to the presumption of innocence, a person cannot be compelled to confess guilt or give evidence against him/herself. It is for the state to produce evidence of guilt, not for the defendant to prove innocence. In general, therefore, a suspect’s silence should not be used as evidence of guilt.

      March 4, 2018 1:27 PM MST
    0