We claim to be a nation that prides ourselves on fairness and justice. We like to quote an incorrect statement about our justice system that people are innocent until proven guilty. This is not found anywhere in our founding documents and is factually incorrect. God and the accused individual know if the accused is guilty or innocent. Innocent until proven guilty distorts the real intent of our judicial system. A nation will distinguish their judicial system by defining where the burden of proof lies.
In a free nation, the burden of proof lies with the state or the prosecutor. The state or the prosecutor must proof to a court or a jury the guilt of the defendant. The defendant may or may not present a defense. The assumption of guilt is not to be assumed just because the defendant does not testify or even present a defense.
In a tyrannical nation, the burden of proof lies with the defendant. The position assumed in the court is that the defendant or accused is guilty unless they prove their innocence to the satisfaction of the court or jury. If neither side presents a case, the defendant or accused is sentenced based on the accusation of the state or prosecutor.
The United States judicial system places the burden of proof on the state or the prosecutor. The primary function of the prosecutor is to seek truth, and to not obtain a conviction at any cost. It is stated as such: The first thing that must be understood is that the duty of the prosecutor is to seek justice, not merely to convict. It is crucial that his obligation is to protect the innocent as well as to convict the guilty, to guard the rights of the accused as well as to enforce the rights of the public. The prosecutor should have the most knowledge of the work of the police in the investigation of crimes and in the enforcement of law. The prosecutor has tremendous amount of desecration as to what charges will be brought against an accused person or whether to even dismiss charges based on lack of evidence. Since his decisions account for a large share of cases that are taken into the courts, The character, quality, and efficiency of the whole system is shaped in great measure by the manner in which he exercises his broad discretionary powers.
In the recent Kyle Rittenhouse case, we witnessed a prosecutor whose purpose was to convict, apparently for some political purpose, and not to seek justice. This was also the purpose of much of the media. Facts were totally distorted, all for the purpose of swaying the public. The jury heard the facts and placed truth above politics.
This case became a race case. It was reported that people inside and outside the Untied States believed that the people who were shot by the accused were black. A friend of mine, after the jury had rendered the not guilty verdict, said that they had believed those who were shot were black and had just learned that was not correct.
In a court of justice, a court that is seeking truth, that truth being, did the accused act in self-defense or did the accused commit an act of aggression, what difference should it make as to what race any of the involved were. The truth and justice answer to a court seeking truth for the purpose of justice, and any party interested in truth for the purpose of justice, is that the race, or color of skin of any of the involved parties should be irrelevant. I would certainly hope that the jury would not have rendered a different verdict if the only fact that changed was that any party involved was of a different race or had a different color of skin.
What we Americans, we Americans who believe in our judicial system, that being that the burden of proof lies with the state or the prosecutor and not the defendant, must be alarmed. We must be alarmed because both the prosecutor in this case and much of the media believed that the burden of proof must be placed on the defendant. Both the prosecutor and the media took this stance because they concocted this case to be a race issue.
Even if the case was a race issue of some sort, if we are to remain a free nation, we can not change our judicial system, formally or informally, to become a judicial system placing the burden of proof on the defendant. That is the judicial system of all tyrannical nations.
If we Freedom Loving Americans do not recognize that to allow our judicial system to be transformed, we are allowing the transformation movement to move us even closer to becoming a Marxist totalitarian state.
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