Presumption of Innocence

Proof Beyond a Reasonable Doubt. It is a cardinal principle of our system of justice that every person accused of a crime is presumed to be innocent unless and until his or her guilt is established beyond a reasonable doubt. The presumption is not a mere formality. It is a matter of the most important substance.

I’m sure a huge majority of American Citizens failed courses such as Civics or Government & Economics, or whatever flavor of “this is how elected positions connect together” since this basic tenant of their Human Rights are constantly misunderstood.

I’ve watched many YouTube videos about people being questioned by the Police department. I’ve seen them fall and repent under the constant pressure of basic officers upwards to grizzled detectives.

AttorneyTom did a reaction video called “Knowing Your Rights Can Change EVERYTHING”, where he does his best to not too worked up in defense of the person but he makes this specific point every time regarding interacting with the police:

These tests are not in your best interest. Field sobriety test is easy to fail if your sober. And guess what? If you pass them it doesn’t help you. It does not help your case. It can only hurt you. Remember, it’s the governments burden to prove beyond a reasonable doubt you are guilty of the crime they are alleging. You don’t prove your innocence. They have to prove you’re guilty. There is a difference.

AttorneyTom, Knowing Your Rights Can Change EVERYTHING, 6:10

LackLuster has a specific video about a 911 caller reporting “gunshots”, and when the police arrived nobody was present. Police checked emergency rooms and found one person. When that one person went in for questioning he basically did the right thing:

Detective: I have an idea since you called me back why we’re here and why we’re asking about you. So, without like just BSing each other why don’t you tell me why you believe that you’re here.

Person: I want to see an attorney before I start just talking to anyone.

Detective: K, Well, I’m giving you your opportunity to tell me what happened. I haven’t accused you of anything.

Person: No, I understand, but I just. I would feel more comfortable with an attorney being here, being able to talk to someone other than just you guys.

Detective: K

LackLuster, “I Don’t Answer Questions” – He Got Away With It, 2:09

The Civil Rights Lawyer threw up a video about police showing up to the scene and suspects pleading the fifth (Is There No Right to Remain Silent About Donuts?). This was noted as a good thing to do except there were other witnesses. If there were no other witnesses they might’ve gotten away with it fair and square, but it’s the risk that is taken when you exercise the right to self incrimination.

Finally, one of the worst ones yet still relevant: EXPLORE WITH US did a long video about Markeith Loyd (The Most Shocking Interrogation You’ve Ever Seen: Markeith Loyd | Documentary). He was wheeled in front of Detectives and they had used different interviewing methods detailed in the video to attempt to coerce a confession (Reid and PEACE [1][2]). They ask many open-ended questions and, contrary to the person being physically beaten up and asking for a lawyer multiple times he continued to talk and not assert his fifth or right to an attorney.

Civil Rights exists so that people will use them, just not know them.

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