Re: What is the "Presumption of Innocence"

"neepy" <[EMAIL PROTECTED]> wrote...
> Well, that isn't an answer to the question ("Which countries don't
> adopt the presumption of innocence in criminal trials?").
>
> But, I would ask you a similar question:  Name the "nasty" (Western)
> countries that depend on Roman Law.

Perhaps the writer is referring to "Napoleanic Law," a system used
by many countries.  I know Mexico uses Napoleanic Law and living
next door to Mexico I can tell you that it sucks!  It is rigid
and inflexible and a huge difference between it and Anglo-American
law is that suspects are presumed guilty upon arrest and then
bear the burden of proving their innocence to authorities.  So if
you are arrested in Mexico (and can't bribe your way out of it
of course) you will be hauled before a judge who will order you
thrown into a dungeon (if you fail to bribe him) until trial.
I'm not aware of any right to a speedy trial in Napoleanic countries,
so you will languish there for a long time, then when your trial
comes you will have to prove your innocence to the court's
satisfaction.  Your innocence depends largely on your family's
wealth and stature.  Someone correct me if I'm wrong, but I assume
this is probably the same in Roman law.



>
> Also, "case law" doesn't get you to "The Truth", it just says "In
> similar cases we decided this in the past, so lets do the same again"
> (so it is pretty inflexible, too).  Most Western countries (I'm no
> expert... maybe all) depend on a mixture of "case" and "statute" law.