ohbythebay said:
Actually, it is because you were innocent UNTIL proven guilty....
No, not really, not technically.
"Innocent until proven guilty" is merely a sort of non-technical, casual way of referring to the presumption of innocence.
The presumption of innocence is the technical, legal rule describing the prosecution's burden of proof in a trial on a criminal charge. In a trial on a criminal charge, the prosecution must prove beyond a reasonable doubt that the defendant committed the crime. The defendant in a trial on a criminal charge is presumed to be innocent, but that presumption is rebuttable if the prosecution, in the opinion of the jury, meets its burden of proof. If the prosecution fails to meet its burden of proof, the defendant is entitled to a verdict of "not guilty."
ohbythebay said:
...He is acquitted of all charges as the jury feels his actions where justified and within the self-defense laws...
So no, he is acquitted because the prosecution could not convince the jury that the defendant's actions were not, assuming that the defendant has made a
prima facie case for justification.
ohbythebay said:
...That is an extreme case but my point is, if you are innocent, then you are innocent...
But the jury has not affirmatively found the defendant was, as a matter of fact, innocent.
ohbythebay said:
...I know the reality of the real world, it happens all the time. It is the law. That doesn't mean its right.
But we're talking about the law here, not what is cosmically right and wrong. Concepts of right and wrong are something of a chimera anyway.
It's like a conversation in
Major Barbara between Andrew Undershaft (the maker of cannon) and his son:
... STEPHEN [rising and looking at him steadily] I know the difference between right and wrong.
UNDERSHAFT [hugely tickled] You don't say so! What! no capacity for business, no knowledge of law, no sympathy with art, no pretension to philosophy; only a simple knowledge of the secret that has puzzled all the philosophers, baffled all the lawyers, muddled all the men of business, and ruined most of the artists: the secret of right and wrong. Why, man, you're a genius, master of masters, a god! At twenty-four, too!...
People everywhere are continually struggling to reach a common understanding of "justice", "morality", "love", "right and wrong." They are generally unsuccessful, except with regard to the most extreme circumstances. Sure, murder is off the table; but when does killing someone morph from murder to justified self defense. We can generally agree that it is wrong to steal the property of another; but many, perhaps most, would assert that it would be unjust to punish a man for stealing bread to feed his starving child.
But while people everywhere are struggling unsuccessfully to reach a common understanding of "justice", "morality", "love", "right and wrong", we still need a way to resolve disputes without tearing the fabric of society asunder. We might not all be able to reach agreement on "justice", "morality", "love", "right and wrong", except on occasion at certain crossing points, but in the real world we must still be able to get on with life.
Perhaps a true common understanding of "justice", "morality", "love", "right and wrong" will come to us in Heaven. But in the meantime we'll need to try to get along as best we can with the tools we have.