Is Not Guilty Equal to Innocent


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Is Not Guilty Equal to Innocent
04.11.05 (9:13 am)   [edit]
In a column in the Fairfield Daily Republic I found the following comment:

"One of the most important aspects of the modern system of justice is the respect accorded final determinations of the courts. Even though everyone knows that judges and juries aren't infallible, once the verdict is in, the accused is either innocent or guilty." [Emphasis added]

The author of the column is described as one Robert Lando, who is an attorney in Fairfield [CA] and specializes in real estate law.

Since Mr. Lando specializes in real estate law perhaps his ignorance of criminal law can be forgiven.

A person found not guilty is not necessarily innocent of their particular crime. While the defendant may indeed be innocent, there is also the possibility that the prosecution failed to present a case the jury finds "beyond a resonable doubt" to convict.

One such case was profiled on "Court TV" not long ago. The district attorney appeared to have an airtight case. They had the body, a murder weapon, a motive, and an eyewitness to the event. During deliberations, the jury determined the eyewitness' testimony was self-serving and disregared her entirely. They found the defendant not guilty. Several years later photographs were found that showed the eyewitness testimony to be true. When the new evidence came to light the defendant admitted that he did the crime, but there was nothing that could be done. Double jeopardy rules applied, so he remained a free man. Free, but not innocent. Not guilty at trial, but not innocent.

 


posted by: BottleRocket (reply)
post date: 04.13.05 (6:08 am)

Our judicial system clearly needs some revamping. If nothing else, the Schiavo case proved that.



posted by: newbie (reply)
post date: 04.13.05 (9:42 am)

How does this stupid thing work????????



posted by: blue (reply)
post date: 04.18.05 (6:35 am)

I saw that case profile on COurt TV. The cops were really stupid when they couldn't find those photos under the floorboard!

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