Presumption of Innocence

There is always discussions about the role of the criminal justice system and how the courts go about finding a defendant responsible for their alleged crimes.

Until a defendant enters an informed guilty plea – stating I understand that I have done what the Crown has said I have done, I do not wish to challenge the evidence and I understand that I will be punished, everyone charged is presumed innocent.

Is this to let scoundrels get off on a technicality – No. This is the system for everyone charged in Canada. Why is it so you ask?

Imagine that you live in a small town. No one likes you because you are different. One day the well is filled with old tires and no one can get any drinking water. You and your family were sleeping when it happened, but who do you think would get blamed first? That is right, you would and no one would believe you no matter what you said and how often you denied it.

Is that fair? So instead of making you prove why you are innocent – proving a negative. Someone in the community has to prove a positive – who did it. This can be done using pictures, statements from others who did or did not see what happened, finger prints, foot prints, what ever is needed.

At the end of the day, if there is evidence, showing almost 100% a stranger did it, you will be found not guilty.

Is that not a better system?

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