THREAD. We're thrilled people are suddenly interested in the presumption of innocence!
Since everyone's finally talking about what was intended to be a bedrock of the American legal system, let's set some facts straight!
Since everyone's finally talking about what was intended to be a bedrock of the American legal system, let's set some facts straight!
The presumption of innocence, in theory, applies to all criminal legal proceedings in the U.S. It means the accused should be treated as "guilty until proven innocent."
The Eighth Amendment explicitly prohibits excessive bail as one way to safeguard this presumption.
The Eighth Amendment explicitly prohibits excessive bail as one way to safeguard this presumption.
The reality: over 500,000 Americans – disproportionately PoC – are incarcerated pretrial. The majority b/c they can't afford bail.
In other words, the # of Americans incarcerated pretrial > the ENTIRE incarcerated populations of Canada, Mexico, Japan, France & Germany combined.
In other words, the # of Americans incarcerated pretrial > the ENTIRE incarcerated populations of Canada, Mexico, Japan, France & Germany combined.
Incarcerating people pretrial destroys the presumption of innocence. Instead of going to trial, people plead guilty – not on the facts of the case, but in order to get out of jail & avoid the devastating consequences.
Over 95% of criminal cases are determined by plea bargains.
Over 95% of criminal cases are determined by plea bargains.
And who's "presumption of innocence" is routinely denied?
- Black & Latinx people are 25% more likely as white people to have bail set on the same charges – & are assigned higher bail amounts.
- Black & Latinx people are half as likely as white people to be able to afford bail.
- Black & Latinx people are 25% more likely as white people to have bail set on the same charges – & are assigned higher bail amounts.
- Black & Latinx people are half as likely as white people to be able to afford bail.
