From: Dudley Sharp, independent researcher, death penalty expert, former opponent, 832-439-2113, CV at bottom
As detailed, below, there is no presumption of innocence with arrest, search warrants, bond or bail. Very often, just the opposite is the case.
The presumption of innocence, ONLY, exists (1) during the trial and (2) ONLY for the judge or jury, depending upon which one is the fact finder in the case.
A presumption is only a presumption, meaning, of course, it is not a fact.
Factually, the arrested party/defendant is either factually guilty or factually innocent of the crime, at the time of the crime and forward. Period. In all cases.
The presumption of innocence, ONLY, exists (1) during the trial and (2) ONLY for the judge or jury, depending upon which one is the fact finder in the case.
A presumption is only a presumption, meaning, of course, it is not a fact.
Factually, the arrested party/defendant is either factually guilty or factually innocent of the crime, at the time of the crime and forward. Period. In all cases.
Only judges or jurors must presume innocence.
A "not guilty" verdict occurs with a factually guilty or factually innocent person, just as a "guilty" verdict can occur with a factually guilty or a factually innocent person.
A "not guilty" verdict occurs with a factually guilty or factually innocent person, just as a "guilty" verdict can occur with a factually guilty or a factually innocent person.
A not guilty verdict is rendered by the judge or jury when the prosecution failed to prove guilt beyond a reasonable doubt and a guilty verdict is rendered when the prosecution has proven guilt beyond a reasonable doubt.
A "hung jury" is one that cannot reach a verdict in any given jurisdiction.
There is no presumption of innocence with arrests, with search warrants, in bond, nor in bail, nor should there be.
Search warrant
A judge or magistrate will issue a search warrant only if an affidavit establishes probable cause, and the search warrant is sufficiently limited in scope. Exceptions to this rule, are emergency situations and items plainly visible to police officers.
Bond
Bond conditions are requirements imposed by the court that a defendant in a criminal case must follow in the time leading up to his or her trial.
A judge or magistrate will issue a search warrant only if an affidavit establishes probable cause, and the search warrant is sufficiently limited in scope. Exceptions to this rule, are emergency situations and items plainly visible to police officers.
Bond
Bond conditions are requirements imposed by the court that a defendant in a criminal case must follow in the time leading up to his or her trial.
These conditions are typically put into place in order to protect the potential victims of a criminal act, even before the defendant has been tried or convicted. Not following bond conditions could mean an immediate return to jail, and these conditions adhere to a zero tolerance policy. The severity of bond conditions is typically measured by a defendant’s criminal history or lack thereof.
Bail
In certain serious cases, defendants are not entitled to bail based on their criminal charges (e.g., capital crimes, violent offenses, sex offenses).
In criminal law, there are four basic objectives that judges have in mind during the bail hearing: (1) Minimize risk to the community (2) Protect the integrity of the judicial process (3) Ensure the defendant appears in court (4) Reduce the likelihood that the defendant will commit new crimes.
The History and Character of the Defendant: Judges have access to the defendant's background and criminal history. Judges will consider the following when making a bail decision: (1) The sufficiency of the evidence against the defendant (2) Whether the defendant is already subject to bail conditions in a previous case (3) Whether they were on probation or parole at the time of the alleged offense (4) The seriousness of the charges (e.g., misdemeanor or felony domestic violence) (5) The defendant's criminal record (first-time or repeat offender) (6) The defendant's history of appearances at prior court proceedings (7) Family ties and length of residence in the community (flight risk) (8) Employment or financial resources (nature and value of any property offered as collateral) (9) Medical conditions or history relating to drug and alcohol abuse.
and much more
The Exoneration Frauds
Exoneration means to prove factual innocence.
With the death penalty, the exoneration frauds are somewhere between 71-83%, depending upon study, as detailed. The error rate may be similar in non-death penalty cases, as media and academia seem to eschew fact checks and vetting in exoneration claims.
The Death Row "Exonerated"/"Innocent" Frauds
71-83% Error Rate in Death Row "Innocent" Claims,
Well Known Since 1998
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600+ pro death penalty quotes from murder victim's families &
3300+ from some of the greatest thinkers in history
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Victim Services
Victims' Voices
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Research, w/sources, w/fact checking/vetting & critical thinking, as required of anyone within a public policy debate and which rebut all anti-death penalty claims.
The Death Penalty: Justice & Saving More Innocents
and
Students, Academics & Journalists: Death Penalty Research
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Partial CV
