NRA & ACLU as ALLIES?

Jim McArthur · 04-05-2007, 09:33 PM

Herb, what the prosecutor actually means is that innocence exists in two realms: "at law", and "in fact".

"In fact" means that "the guy really didn't do it", in objective reality.

"At law" means that he may have in fact done it, he may not have: but he retains the "presumption of innocence", "at law", until such time as the verdict is handed down. At that point his presumption of innocence is no more. "At law", he's then either "guilty", or "not guilty".

"Not guilty" does NOT mean that "we the jury have determined that he didn't in fact commit the crime", merely that "at law, the prosecution has failed to carry its burden of proving to us, beyond a reasonable doubt, that he did in fact commit the crime."

No one is ever "found innocent" or "vindicated" at trial: this is news media nonsense.

Does this make sense?

Jim

04-05-2007, 09:33 PM	#4
Jim McArthur User Join Date: Dec 2006 Location: New Orleans LA Posts: 62 Thanks: 0 Thanked 0 Times in 0 Posts	Legalese Herb, what the prosecutor actually means is that innocence exists in two realms: "at law", and "in fact". "In fact" means that "the guy really didn't do it", in objective reality. "At law" means that he may have in fact done it, he may not have: but he retains the "presumption of innocence", "at law", until such time as the verdict is handed down. At that point his presumption of innocence is no more. "At law", he's then either "guilty", or "not guilty". "Not guilty" does NOT mean that "we the jury have determined that he didn't in fact commit the crime", merely that "at law, the prosecution has failed to carry its burden of proving to us, beyond a reasonable doubt, that he did in fact commit the crime." No one is ever "found innocent" or "vindicated" at trial: this is news media nonsense. Does this make sense? Jim