Tuesday, January 29, 2008

Guilty as sin! Why bother with a trial?

I asked this question to some co-workers the other day, involving an upcoming murder trial:

If you were on the jury right now and had to decide 'guilty' or 'not guilty' after hearing the opening arguments ONLY... how would you vote?

The over-whelming response: GUILTY.

Look, we all KNOW the guy did it! And we all know that the defense attorney is out to accomplish one thing: Keep the guy from getting 'the big stick.' It's a win for them if their client gets life in prison.

The accused is guilty! AS SIN! He knows it, the judge knows it, the prosecutor knows it, the jury will know it, my co-workers know it... and I know it.

So why am I the only one to take the same hypothetical question and say I'd vote 'not guilty?'

'That's pretty crazy, especially if you KNOW the guy did it!' you might say. But not at all. In this country, something very important has to happen (or at least 'should' happen) in order for someone to be found guilty: The government (prosecution) must PROVE that the accused did what they are indeed accused of. The burden of proving guilt lies soley with the prosecution! If you can't be convinced by FACTS that the defendant is guilty, then you MUST vote NOT GUILTY.

Is it better for a guilty man to go free rather than have an innocent man go to prison?

Some would say no... but would be quick to change their mind if they were the innocent man looking at life in prison.

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