The other way a judicial system works is where the burden of proof lies on the defendant or citizen. In this situation, when the citizen is accused of a wrong doing, he is immediately deemed to be guilty and subject to all ramifications thereof, unless he can prove he is innocent of wrong doing. Where burden of proof lies defines if a society is free or totalitarian.
The American public incorrectly makes the statement a person is innocent until proven guilty. A person is either innocent or guilty based on his actions. The concept is simply a concept that determines who has the burden of proof in a court of law. This is a critical concept that determines if your society is a free society or a totalitarian society. In a free society the rights are deemed to be with the people and in a totalitarian state the rights are deemed to be with the government.
The United States has always taken pride in the belief that we were a free society and the people were truly the rulers. Then the Internal Revenue Service came along to collect the taxes of the people. The IRS forgot the concept that the citizen is innocent until proven guilty and took the approach a totalitarian ruler would take. The IRS says you are guilty of a crime and you must prove if you are not.
This concept of burden of proof falling on the accused has been taken to even higher levels by the Environmental Protection Agency or the EPA. Not only does the EPA place the burden of proof on the citizen but the EPA has written the rules, acts as prosecutor and believes they are jury and judge as well. The most recent case exhibiting this concept is a man and his family building a pond on the property they own. Living in Wyoming, they followed all of the regulations of the State of Wyoming and have a paper to prove it.
What has become a totalitarian agency in the United States Government, the EPA, told this man he has violated their rules and will be fined $75,000 a day until the citizen corrects the wrongdoing according to them. The question is, did the Wyoming citizen build a dam or a pond. The citizen says he built a pond. The EPA says he built a dam and it is a dam until the citizen proves otherwise.
In a fee society, this would be considered a pond and the government must prove it is a dam. The EPA and the IRS tell us they have no burden of proof. That is, they say they do not operate under the concept of a free society but they operate under the concept of a totalitarian state.