Quote:
Originally Posted by tame_deuces
If we take exoneration to formally mean "prove you are innocent", then this has not happened. Of course "proving you are innocent" is an awkward bar to pass, which is why presumption of innocence is a common legal standard.
But in legal terms and under US law, they are presumed innocent until proven guilty. Since verdicts have been vacated and no appeal has taken regarding said vacation, it hard to see how that presumption does not stand and will not continue to stand.
Saying you "go back to pre-trial status" is a weird argument, since there is no pre-trial, indictment or pending trial happening. Unless you are arguing for some kind of legal catch-22, whereby a vacated verdict does not imply a presumption of innocence or that you must forever be considered a suspect, even if no legal or investigative process to that effect is taking place.
Of course you may think they are guilty, which is a different debate.
That is exactly correct and has been my only position in this thread and the prior.
Time and again CV and another poster would repeat 'they were not exonerated' and 'they were not found innocent'. A tactic used to suggest 'guilt' or an assumption of that still hangs over them until they do.
I DO NOT believe they were exonerated, as I do not think the term is applicable. I do not believe they have been found innocent (or better 'not guilty), as there is no mechanism for people not accused or charged to establish innocence (not guilty verdict).
These are the terms used by those who want to slander others.
You can just imagine if you had an anonymous way online of slandering a daycare worker by saying 'you were not found innocent or exonerated of being a pedophile' despite them not being accused or charged. Parents would still doubt and pull their kids out if you they kept reading it.
It would be a dishonest way to cast a shadow of guilt over someone who has no mechanism to go get a 'not guilty' verdict or an exoneration, again because they are not charged.
Charges being vacated do not invoke double jeopardy. The State can bring charges again immediately if they wish.
But otherwise, like any citizen these people enjoy the presumption of innocence, until accused, prosecuted and convicted.