Legal Question in Constitutional Law in Alabama

If a person is accused of a crime, why is that person arrested and in some cases denied bond if he/she is innocent until proven guilty ( according to the law )? Should the law be rewritten to say that if accused of a crime a person is guilty until proven innocent?


Asked on 2/21/13, 12:12 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Only the jury has to treat the defendant as innocent until proven guilty. (If the parties don't ask for a jury then the judge must make this presumption, but only for purposes of the trial.)

If police had to to the same, then they wouldn't be able to arrest or even investigate anybody. Similarly, prosecutors would be unable to press charges or bring anyone to trial. The criminal justice system could not function that way.

Read more
Answered on 2/21/13, 10:39 am


Related Questions & Answers

More Constitutional Law questions and answers in Alabama