Orange County Criminal Lawyer – The Internet is Changing the Presumption of Innocence
The internet nowadays has been turned into a courtroom. The legal presumption of innocence is now severely under threat from social media and online judges. People are branding suspects as guilty through social media platforms, hence undermining the principles of justice.
It is wrong to condemn someone just because they are suspects by creating and posting memes or commenting about their alleged crimes. By posting and commenting, most Internet users think that they are making the suspects pay for their mistakes, but instead, they are undermining the rule of law and weakening the justice system that was put in place to protect people from arbitrary judgment.
If the internet continues being used this way, suspects will be denied fair justice. The laws can’t be changed to protect suspects from public condemnation, but rather, the public and citizen journalists need to understand that they shouldn’t pass judgment until the prosecution proves beyond a reasonable doubt that the suspect is guilty.
The Meaning of Presumption of Innocence in California
The government has no right to put innocent people behind bars. This is the reason why even after someone has been arrested for committing a particular crime, they are presumed innocent until trial. During the trial, the prosecution tables all the evidence before the jury, and after the proof is reviewed, the jury is left to determine if the person is innocent or guilty.
Based on the California Penal Code 1096, a person who has allegedly committed a crime is innocent, and it is the work of the prosecutor to prove that the accused committed the crime. Otherwise, it would help if you were acquitted or found not guilty. The feature of presumption was meant to ensure that innocent people are not convicted at the expense of liable persons. It differentiates the current justice system with the traditional system that preferred condemning innocent people to prevent criminals from walking free.
Although the justice system is not perfect, it tries to create a balance between individual and community rights. California Penal Code 1096 further says that everything about human beings is open to suspicions or doubts and it is only after considering and comparing evidence that the jury can give a verdict of what they feel is the truth about the charges in court.
Is Presumption of Innocence Under Attack from the Internet?
Today, legislators, judges, and attorneys are under a lot of pressure from the public and the media to punish wrong suspects through the law. Because judges and prosecutors want to look good before the eyes of the people, they end up denying suspects of a crime the right to being presumed innocent until proven guilty. Once the media feeds the public a name of someone who has been arrested because of murder, rape or assault, people in social media presume that the person has done wrong and start pressuring the court and the police to rush the investigations and deliver justice.
A process that is meant to be free and fair becomes compromised. Police who want to close cases faster end up making hasty conclusions that lead innocent people behind bars. Judges are also forced to give stiffer sentences for cases that don’t deserve such sentences because the public has already ruled a penalty, and providing a punishment less than that will attract criticism.
To show that people should stop judging through media, you have seen people being arrested for a crime, but once the case goes to court, the charges are dropped. Others go for trial, and the jury finds them not guilty. Although others might be found guilty by the board, it is good to respect this constitutional right of every individual to be presumed innocent unless proven otherwise.
Some convicts end up serving prison time for years, but later on, evidence comes to prove their innocence. These people lose five (5) or ten (10) years of their lives because of being wrongfully convicted; hence, the need for everyone to respect the justice system, especially on the presumption of innocence.
In the year 2005, California experienced a case of the internet eroding the presumption of justice when Michael Jackson was alleged to have sexually assaulted young boys. The citizen journalism and the online judges went on to brand him a pedophile even before he faced a trial. After the hearing, he was found innocent and acquitted the charges but also to date, people still refer to him as a pedophile.
The most recent case of where the media published the name of a suspect for online ‘judges’ and commentators to defame is the case of R. Kelly, who is being accused of sexually assaulting teenage girls. The public has already found him guilty, and the issue of being presumed innocent has not been respected hence denying the justice system the opportunity to protect all its citizens.
People facing charges of sexual assault are facing trial with a jury of online users’ majority of whom are people claiming to be victims of the sex assault. An incident that relates very well with the issue of being tried by social media because of sexual assault is that of Bill Cosby. After it came to the public that he was facing charges of rape, he has been branded a sexual predator, and everyone around the world familiar to social media thinks that he is a rapist.
Cosby is now facing the online jury, and people who were complainants have now become victims, which makes him guilty even without being tried. All those defaming him through social media are undermining the rule of law which protects everyone both men and women. Your Criminal Lawyer is essential at this point where one is facing defamation from the public to give counsel on the action to take if you are a victim of a court process.
Rights of People Undergoing Court Processes
California made a few reforms in its constitution by introducing Marsy’s Law under California constitution article 1, 28 section (b). It is a bill of rights for people undergoing a court process which protects the defendants and victims of the crime, giving them equal rights. Today, the people who suffer most in a court process are the defendants, and they are denied their right to presumption of innocence, but Marsy’s law is there to ensure that this right is respected.
The law protects the defendant from being arrested and declared guilty until enough evidence is produced and presented to a judge who determines if the person is innocent or guilty. For victims of crime, the law does not protect them from the state, but instead, it protects them from the defendant. This Bill of Rights gives victims reasonable protection but it seems to contradict the presumption of innocence rule because a victim needs protection from a defendant, it means that the defendant has been presumed guilty even before being tried.
Marsy’s law also denies the defendant and their criminal lawyer access to evidence, which means the judge might not see some of the crucial evidence being held by the victim, which can help prove innocence. Without crucial evidence, an innocent person might end up being convicted. The fundamental principles of justice, like the presumption of innocence and the right to defense, are weakened by this law.
In states like New York; however, the Marsy’s law only restricts the length of time a defendant can appeal a conviction which hastens the delivery of justice. However, innocent people end up staying behind bars because of this since after five (5) years one cannot request a case, whereas one hundred and sixty-five (165) people have been exonerated from death row in the U.S after more than five (5) years in jail.
If people believe the criminal justice system, they should allow both the defendant and the victim to enjoy their constitutional rights. Denying defendant rights that are provided by the state constitution in the name of seeking justice will increase doubts in the criminal justice system.
Defense against Criminal Charges
A Criminal Lawyer who is experienced in criminal defense should stick to the fact that you are innocent until proven otherwise. You, as the defendant, have nothing to show to the prosecution, so you can remain silent when facing the charges and let your attorney do the talking. Penal Code 1096 says that a defendant will remain innocent of a crime until the prosecution shows beyond a reasonable doubt that the defendant was responsible or is guilty of the crime.
In conclusion, the founding fathers who adopted the court of law had the intention for the court to rely on evidence to prove innocence or guilt rather than emotions. Although innocent people go to jail because of the same court process, it should be understood because of human error, but the court should not allow public opinion to interfere with the way justice is delivered.
Allowing people to use the internet through social media to judge defendants will weaken the justice system and deny certain people their rights. People should have faith in the justice system and allow evidence to determine whether the defendant is guilty or innocent. That way, every citizen will be treated equally, and no one will be above the law.