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Jordan Maison @JordanMaison
, 10 tweets, 3 min read Read on Twitter
Catching up on the #Nerdist stuff with Hardwick and already seeing people use the "whatever happened to innocent until proven guilty?" line to defend him. Well, let's talk about why that's bullshit & doesn't apply at this point in time. (Gonna be a thread)
In the judicial system there are a number of "Burdens of Proof." These are necessary steps in all court cases, but specifically in criminal cases. "Innocent Until Proven Guilty" is a presumption for the jurors who have to find someone guilty BEYOND A REASONABLE DOUBT.
So this presumption isn't a burden unto itself, and is, in fact, the LAST STEP in the judicial process. Getting to the point takes a bunch of other steps in which it's essential to believe the accusers. #Nerdist
Reasonable Belief - this among the LOWEST burdens, that allows police to stop/detain someone & begin an investigation if they have a REASONABLE basis to believe a crime has been committed. If someone doesn't believe the accuser, investigation doesn't even START. #Nerdist
Probable Cause - this is the burden required to make an arrest. Needs articulable facts to show a belief that a crime has been committed. It's still a lower burden necessary to even GET TO COURT. Investigation happening, which means working off the basis the accuser is truthful.
If THOSE happen, then it goes to Grand Jury (for felonies), and all they do is look at case/evidence and determine if there's anything WORTH going to trial on. Not a high burden & oftentimes they know nothing of the case itself. #Nerdist
Once it's past all that, then we get to an actual trial where a jury will be instructed to presume the accused innocent unless the prosecutors bring enough evidence beyond a reasonable doubt. All THAT means is they can't say a person's guilty simply b/c he's been charged.
See ALL the steps we have to get through before we come into the "innocent until proven guilty" stuff? The fact is, if that were the burden of proof, NOTHING would ever get to court and victims would have no protection or course of action.
Imagine you're randomly attacked (kicked, punched, etc) and the police show up. You're beat to shit and the attacker is FEET away from you, but police say, "well he's innocent until proven guilty, so have a good night." #Nerdist
You'd be pretty upset, while your attacker gets to go about his business. We have these other steps in place, with lower burdens of proof, for a specific reason. So yes, it's 100% ok and GOOD to believe the accusers. If we didn't, literally nothing would ever happen. #Nerdist
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