Innocent Until Proven Guilty - Question
Without the story...
I'm supposed to be presumed innocent until proven guilty (in this case I am but "he said she said" normally works again the defendant). To me if I do nothing and get found guilty then I'm presumed guilty until proven innocent?!?!?!
So is this process actually legal? The way this is setup is kind of like if I get charged with murder that in 15 days if I don't request a trial that I'm guilty because I've don't nothing. Why is the onus on the defendant to file for the court date to please not-guilty? Is there any legal documentation that actually supports being guilty until proven innocent? I'm not sure if anyone has thought of this before or anything but figured it sounds like there's a flaw in that system.
If I was charged with murder I would be arrested and charged. I would be required to attend a plea hearing that the crown initiates (or have a representative attend for me) and then I would have my trial unless I want to plead guilty. The right to be presumed innocent doesn't sound like its limited to criminal law by any means and in civil court the burden of proof and initiative is on the prosecution.
Yes some of you will instantly think, as I did that, if someone doesn't pay in 15 days that the crown has to do all the filing and paperwork and such and if people didn't have to request that no one would really want to pay right away. To me I also thought that if there was an issue with the radar/lidar testing (for speeding) or officer notes or other evidence that the crown just wouldn't file knowing that they're missing proper evidence and also that if the officer doesn't file the tickets/infractions in time that the crown would never know. Basically you're just being put into a bad spot from the start with the way it works.
So do any laws or case laws support this onus on defendant to prove themselves innocent by requesting a trial process that don't go against a higher level law? Just want to know what you think because I kind of feel like I'm being put on the spot to prove my innocent or accept guilt.
Re: Innocent Until Proven Guilty - Question
The Provincial Offences Act details the procedures.
Re: Innocent Until Proven Guilty - Question
For more serious matters under the HTA, the Courts will run an ex parte trial (a trial with no defendant where the Crown must prove their case).
-
- Similar Topics
-
-
New post Actually innocent, would this be adequate proof ? Sue them?
by ehmmm in Improper left turnLast post by Radar Identified Sun May 22, 2011 5:13 pm
-
-
-
New post Should I plead guilty or not guilty for stunt driving?
by broman in Stunt DrivingLast post by broman Mon Nov 02, 2020 9:43 am
-
-
-
New post how to plead not guilty?
by gwt in Careless DrivingLast post by gwt Fri Jun 17, 2011 4:27 pm
-
-
-
New post Guilty in absentia... how do I pay?
by slackbus in General TalkLast post by Simon Borys Wed May 26, 2010 10:59 pm
-
-
-
New post Re-Opening after guilty plea?
by LAWguy in Courts and ProcedureLast post by LAWguy Tue Mar 01, 2011 12:37 am
-
Who is online
Users browsing this forum: No registered users and 3 guests