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Tipsheet

Nancy Pelosi Says the Quiet Part Out Loud About 'Proving Innocence' at Trial

AP Photo/Jose Luis Magana

Former House Speaker Nancy Pelosi reveled in the indictment of President Donald Trump Thursday night and revealed a lot about the Democratic Party's thinking towards persecution from the government. 

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In a tweet about the indictment, which was filed in unprecedented fashion by Manhattan District Attorney Alvin Bragg, Pelosi declared trial is a place for an individual to "prove their innocence." 

The legal standard in the United States of America has always been innocent until proven guilty. 

3.02 Presumption of Innocence; Proof Beyond a Reasonable Doubt

It is a cardinal principle of our system of justice that every person accused of a crime is presumed to be innocent unless and until his or her guilt is established beyond a reasonable doubt. The presumption is not a mere formality. It is a matter of the most important substance.

The presumption of innocence alone may be sufficient to raise a reasonable doubt and to require the acquittal of a defendant. The defendant before you, [__________], has the benefit of that presumption throughout the trial, and you are not to convict [him/her] of a particular charge unless you are persuaded of [his/her] guilt of that charge beyond a reasonable doubt.

The presumption of innocence until proven guilty means that the burden of proof is always on the government to satisfy you that [defendant] is guilty of the crime with which [he/she] is charged beyond a reasonable doubt. The law does not require that the government prove guilt beyond all possible doubt; proof beyond a reasonable doubt is sufficient to convict. This burden never shifts to [defendant]. It is always the government's burden to prove each of the elements of the crime[s] charged beyond a reasonable doubt by the evidence and the reasonable inferences to be drawn from that evidence. [Defendant] has the right to rely upon the failure or inability of the government to establish beyond a reasonable doubt any essential element of a crime charged against [him/her].

If, after fair and impartial consideration of all the evidence, you have a reasonable doubt as to [defendant]'s guilt of a particular crime, it is your duty to acquit [him/her] of that crime. On the other hand, if, after fair and impartial consideration of all the evidence, you are satisfied beyond a reasonable doubt of [defendant]'s guilt of a particular crime, you should vote to convict [him/her].

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Democrats, especially with continued targeting of Trump and his family, have worked hard to change that standard for their political enemies. 

 

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