[Courts and Criminals by Arthur Train]@TWC D-Link bookCourts and Criminals CHAPTER I 14/33
Now, somewhere or other, there has got to be a switch and a strong arm to keep us in order, and the switch and arm must not wait until the apples are stolen and eaten before getting busy.
If we come climbing over the fence sweating apples at every pore, is Farmer Jones to go and count his apples before grabbing us? The most presumptuous of all presumptions is this "presumption of innocence." It really doesn't exist, save in the mouths of judges and in the pages of the law books.
Yet as much to-do is made about it as if it were a living legal principle.
Every judge in a criminal case is required to charge the jury in form or substance somewhat as follows: "The defendant is presumed to be innocent until that presumption is removed by competent evidence"...
"This presumption is his property, remaining with him throughout the trial and until rebutted by the verdict of the jury."...
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