The way it is
EDITORIAL |
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The way the justice system works, or is supposed to work, in criminal cases, the accused is also always asked during arraingment how he pleads and it is always guilty or not guilty, or if the accused refuses to enter a plea, for some reason, the judge always enters a plea of not guilty — precisely because of the doctrine that all accused are presumed innocent until proven guilty.
In convictions or acquittals, the same phrase is used: An acquittal brings out the verdict of not guilty beyond reasonable doubt, or guilty beyond reasonable doubt. There is no such thing as a verdict from the courts declaring that the accused is innocent.
But when the courts hand a not guilty verdict, it is assumed that the accused did not commit the crime, even when technically, since it is always a case of legal arguments and evidence the prosecutor and the defense get into, the verdict of not guilty means that the prosecutor failed to prove his case against the accused.
The fact alone that, under the principle of double jeopardy, the accused who has been acquitted can no longer be tried for the same crime, ought to be taken as a vindication of the accused — whether one agrees with the verdict.... MORE
Source: The Daily Tribune
URL: http://www.tribuneonline.org/commentary/20101218com1.html
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