Sunday, November 21, 2004

tom delay

house majotity leader tom delay (r-tx)is under some fire to step down if indicted. if innocent for form and appearence only, if guilty removed from spotlight and scrutiny.

1993, In Moscow, George H. W. Bush and Boris Yeltsin sign the second Strategic Arms Reduction Treaty (START). , The Intel Corporation ships the first Pentium chips (80586) 64 bits-60 MHz-100+ MIPS., Release of version 1.0 of the Mosaic web browser, what a simpler time they lived in. a sword cuts both ways. we have seen, recently, the system works and best when exercised, the people's voice will be heard, louder when interested. the republic will endure, best when unfettered by rules for rule's and appearance's sake.

Implied as it is in Magna Carta (c. 39), the presumption of innocence was first literally stated, it seems, by Jean Lemoine, a canonist and cardinal in the time of Pope Bonifice VIII. “is presumed innocent until proved guilty” (quilibet praesumitur innocens, nisi probeturnocens, Glossae to Extrav. Communes, 161-65).

Presumption of innocence is an essential right that the accused enjoys in criminal trials in all countries respecting human rights. It states that the accused is presumed to be innocent until it has been declared guilty by a court. The burden of proof is thus on the prosecution, which has to convince the court of the guilt of the accused.

Conversely, in many authoritarian regimes, the prosecution case is, in practice, believed by default unless the accused can prove he is innocent — presumption of guilt.

Amendment V (the Fifth Amendment) of the United States Constitution

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment XIV (the Fourteenth Amendment)

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Coffin v. United States, 156 U.S. 432; 15 S. Ct. 394

The principle that there is a presumption of innocence in favor of the accused is the undoubted law, axiomatic and elementary, and its enforcement lies at the foundation of the administration of our criminal law.

sources:

No comments:

Post a Comment