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Politics : Sharks in the Septic Tank -- Ignore unavailable to you. Want to Upgrade?


To: Ilaine who wrote (73889)9/4/2003 6:13:07 PM
From: The Philosopher  Read Replies (2) | Respond to of 82486
 
I agree with your facts, but disagree with your interpretations.

Every state I am aware of you plead "not guilty" and are found "not guilty," never plead "innocent," never found "innocent."

Correct. You can't plead innocent because that's what your are until the issue of guilt is determined. You don't need to plead it.

It is as if you are innocent, and carries the same legal weight as if you are innocent, e.g., you can get the record expunged, maybe that's what you mean. It has the same legal weight as actual innocence.

Legally, it IS actual innocence. Socially, maybe not. But legally, yes. In legal terms to be not guilty is absolutely identical with being innocent, wouldn't you agree? In our legal system there is no such thing as "well, probably guilty, but found not guilty." No such verdict, no such status.

As far as the legal system is concerned, you are one of two things. Guilty, or innocent. There is no third legal status. At least not in any US legal system that I'm aware of. Do you know of any state or federal legal system where there is any third legal status?

But take, for example, the reversal of Ollie North's conviction for lying to Congress on a technicality. I would not say that this meant that he did not lie to Congress, because he did. But he is not guilty of the *crime* of lying to Congress.


I agree with you that it doesn't mean he didn't lie to Congress. But it DOES mean that he is INNOCENT of the alleged CRIME of lying to Congress. Not merely not guilty; innocent.

Not innocent in the social use of the term, because he did something he shouldn't have. But innocent in the legal use of the term, because he was not guilty of any crime, he walks away without a stain on his criminal record. Legally, he's just as innocent of the crime of lying to Congress as you or I are.