Comment on If a criminal says a cop planted drugs or whatever on them why don't they ask for a finger print test? And vice versa a cop could also request it to clear up everything?

• ImplyingImplications@lemmy.ca ⁨3⁩ ⁨days⁩ ago

  What the accused has told the police will be usable by all sides equally in court.

  And the side arguing against you will use your words to assist you?

  German courts aren’t special. All courts work the same. You are innocent until proven guilty. You do not need evidence of innocence. All evidence is to prove guilt. The prosecution is attempting to prove guilt. Police collect evidence to prove guilt because proving innocence is not required. Both sides can use evidence collected, yes, that’s the same everywhere, but it’s not collected to prove innocence. You are assumed innocent. No evidence required. If evidence is being collected it’s specifically to be used against you to prove guilt.

  It makes zero sense for police to collect evidence of your innocence, the state to charge you with a crime, and then argue you are innocent of that charge. You are assumed innocent. Arguments that you are innocent are not required. Evidence that you are innocent are not required. Statements that you make can’t be used to prove you are innocent. You are innocent by default. Statements that you make can therefore only be used prove guilt.

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  • marcos@lemmy.world ⁨3⁩ ⁨days⁩ ago

    All courts work the same.

    They don’t. And the way the US courts work is almost exclusive to them.

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  • NeoNachtwaechter@lemmy.world ⁨2⁩ ⁨days⁩ ago

    It’s actually British courts who are special. And unfortunately Britain has exported their way into all their colonies.

    In the British view of the world, it is generally assumed that everybody is lying all the time, even in court. All evidence and all words of witnesses are assumed to belong to one of the parties = lying in their favor (If you don’t like the term “lying” here, you can replace it by “performing a good show”).

    In Germany, witnesses belong to nobody (except if they are are involved, or if they are spouse/relatives to one of the people who are involved etc.) and therefore it is generally assumed that they are free to tell the truth.

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  • WeirdGoesPro@lemmy.dbzer0.com ⁨2⁩ ⁨days⁩ ago

    Not true. In Japan you are often guilty until proven innocent—they can hold you for almost a month for an accusation alone.

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