Author Question: Describe the presumption of innocence and how it affects a criminal trial. What purpose does it ... (Read 44 times)

asd123 · **on:** Aug 3, 2018

Describe the presumption of innocence and how it affects a criminal trial.

What purpose does it serve in the criminal law system?

Question 2

Describe the cyber crime of identity theft.

Any help with this topic would be great. Thank you.

ricroger · **Reply #1 on:** Aug 3, 2018

Answer to Question 1

In criminal trials, the defendant is innocent until proven guilty. The prosecutor bears the burden of proving the defendant guilty as charged. Defendants do not have to prove that they did not commit the offenses. In fact, they are not required to present any evidence whatsoever to counter the state's accusations (although clearly it might be in their best interests to present a defense). Even a defendant who actually committed the crime is innocent in the eyes of the law unless the prosecutor can present sufficient evidence to convince the jury or judge of the defendant's guilt.
Not only does the state bear the burden of proving the defendant guilty, but it also is held to a very high standard of proof. In criminal cases the prosecution must prove its case beyond a reasonable doubt. It is not enough for the jury (or judge) to think that the defendant is probably guilty; the members of the jury must be firmly convinced of the defendant's guilt. The jurors receive instructions such as, If you think there is a real possibility that he is not guilty, you must give him the benefit of the doubt and find him not guilty. The presumption of innocence and the high burden of proof are designed to protect the individual from the state.

Answer to Question 2

Identity theft occurs when the wrongdoer steals a form of identificationsuch as a name, date of birth, or Social Security numberand uses the information to access the victim's financial resources. This crime existed to a certain extent before the widespread use of the Internet. Thieves would steal calling-card numbers by watching people using public telephones, or they would rifle through garbage to find bank account or credit-card numbers. The Internet, however, turned identity theft into a fast-growing financial crime in the United States. The Internet provides not only another way to steal personal information but also a way for those who steal information to use items such as stolen credit-card numbers while protected by anonymity. Millions of Americans are victims of identity theft each year.