A Conversation for Rumpole's Golden Thread
Are we guilty until proven innocent under the Law now?
Arrowking Started conversation Dec 8, 2004
I believe that English law has ben moving away from the Golden Thread of English justice- innocence until proven guilty. More and more so called minor offences are now classified as strict liability offences- that means a man charged is assumed to be guility unless he proves his innocence. One reason for such increase in the shift of burden of proof to the accused, is to make it easier for the state to prosecute suspects and, to reduce the costs of the prosecution administration.
It is easy to discuss this issue objectively. But if I am accused of an offence which threatens my reputation, career and liberty, I would want the system to work fairly so that I may be treated justly! Has anyone realised that when we are not the accused, our mind is clear and we can argue our opinions without fear or confusion. Our mind will no longer be clear but filled with fear, confusion, anger, and all sorts of negative feelings, that we will find it difficult to say anything that makes sense. Many accused in such mental conditions find it easier to surrender themselves to the system as they cannot fight it, for this and other real reasons. With the reducing availability of legal aid for all accused of crimes in UK and the complexity of the laws, more and more accused will find themselves convicted, without professional legal advice and representation. Are you prepared to be accused and convicted by this system of justice?
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