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The concept of "innocent until proven guilty" is a myth from "summary" of The Mythology of Crime and Criminal Justice by Victor E. Kappeler,Gary W. Potter

The idea that individuals are considered innocent until proven guilty is often touted as a fundamental principle of the criminal justice system. However, upon closer examination, this concept can be seen as more of a myth than a reality. In reality, the criminal justice system operates in a way that often assumes guilt rather than innocence. From the moment a person is arrested, they are treated as a suspect and are subjected to interrogation, searches, and other investigative techniques aimed at proving their guilt. This process can be overwhelming and intimidating, making it difficult for individuals to assert their innocence. Furthermore, the burden of proof in criminal cases falls on the prosecution, meaning that the accused must prove their innocence rather than the prosecution proving their guilt. This puts the accused at a significant disadvantage and can lead to wrongful convictions based on insufficient evidence or biased judgments. Additionally, the media and public opinion often play a role in shaping perceptions of guilt or innocence. High-profile cases are often sensationalized in the media, leading to public outrage and pressure to convict the accused, regardless of the evidence presented in court.
  1. The concept of "innocent until proven guilty" may be enshrined in legal doctrine, but in practice, it is often overshadowed by biases, procedural hurdles, and societal pressures that skew the scales of justice. As a result, many individuals who are presumed innocent are unfairly convicted based on flawed assumptions and faulty evidence.
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The Mythology of Crime and Criminal Justice

Victor E. Kappeler

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