Truth.
Some things to consider though.
2) Tried but found not guilty. Not guilty does not mean innocent. There could also be a ton of rapist that walked. We all know, that historically police/courts have failed women. It’s one reason, so very few come forward. Hence ultimately “me to”…cause and effect.
We could argue, make a decent case that as is normally the case the pendulum has swung too far “left”. See also family law. For decades women/mothers just getting shafted. The pendulum swings too far….
But, for myself, for the time being. The consequences the other way. Far outweigh it.
Criminal law is all about evidence. Guilty means that the evidence is sufficient to conclude that the accused committed the crime, beyond reasonable doubt. The purpose of our legal system as it is structured is NOT to convict people accused of committing crimes. Its purpose is to ensure that someone who is not guilty is not convicted. In the court of public opinion, the burden of proof rests with the accused. That's the dangerous aspect of #metoo. It's not as if everything posted on Twitter is 100% factual.
If you do not have first hand knowledge of all evidence, you are not qualified to even have a valid opinion as to whether an accused is guilty or not. Based on your own testimony in this thread, however, I have formed the opinion that you, most definitely, eat quiche.
Some people feel that if a woman reports to the police that she was raped, someone should go to jail. If the wrong person is convicted, they justify that for themselves by thinking 'he probably did something that he got away with'. Police show complainants mug shot photos of citizens who have been arrested. Those photographs include many people who have never been convicted of a crime; either their trial is still pending, or charges were later dropped, or the accused was found not guilty, but did not apply to the RCMP to have the mug shots destroyed. Also bear in mind that certain police officers will arrest anyone if they respond to a 911 call, and the caller wants to have charges laid. This is based on their socialization, rather than the law, but many of them don't know the difference. In fact, if a police officer with minimal seniority has the primary goal of earning as much money as possible, arresting someone who cannot possibly be convicted is the best way to accomplish this:
There are four possibilities:
a) The accused committed the crime, and pleads guilty at arraignment.
b) The accused committed the crime, and pleads not guilty.
c) The accused did not commit the crime, but pleads guilty.
d) The accused did not commit the crime, and pleads not guilty.
b) and d) cases usually go to trial. c) should receive mental health support. b) might change their plea to guilty after reviewing the evidence against them. d) might agree to forgo trial if charges are dropped, but that's less likely if the accusation if false.
If a case goes to trial, the arresting officer will appear at court, and receive a full day of pay, whether or not they testify as a witness. Often police officers will coordinate their off days to match trial schedules. A rookie cop would not normally have many opportunities for overtime pay; those higher on the union seniority list would take it.
In addition, if the detective who files charges does not request jail time in the event of conviction, the accused does not qualify for free legal counsel at trial.
I know this because it happened to me. Before the trial began, the Crown prosecutor flipped through the evidence disclosure with his thumb and index finger, and said to me "Looks like we've got enough to convict". Half way through my cross examination of the first witness, he offered to have charges dropped. I eventually won acquittal defending myself without having to present my defence case.
You would probably enjoy reading this thread:
which is also the last time I had any discussion with
JessicaRainesis.
Pandering to emotion is part of trial lawyers' and litigators' dog and pony show, but it has no place in legal decisions. That's why
Justice is Blind.