I recently read an article where the guy was convicted of his 5th San Diego DUI. Many in the media were quick to convict the man solely because this had been his 5th San Diego DUI. Indeed, they embraced a presumption of guilt because he had so many prior San Diego DUI convictions. In this article, I focus solely on San Diego DUI priors; but, this applies to all cases where the individual has prior convictions.
In the true world of justice, that thought process is wrong because it is premised on the notion that the defendant had a predisposition to commit the San Diego DUIs based upon his four prior convictions. It is kind of like, if there is smoke, than there must be fire. Sadly, cases like this present the greatest opportunity for injustice because of that predisposition. As you read this, do you find yourself also subconsciously having that predisposition? I know I have to fight myself from having those presumptions. This thought goes against the mindset that our framers intended.
Now, let me add a justice twist: imagine that the man was truly innocent of a DUI. Can you see how hard it would be for him to defend himself against what really happened instead of defending himself from his past? Absent applying the principles of our presumption of innocence, many would pre-judge him guilty on his history instead of determining whether he was actually impaired in the new DUI case.
The presumption of innocence is described as follows: It is a required mindset, a required way of thinking, a locked mental disposition and bias for the citizen, or, a default decision process where you cannot declare a guilty verdict/decision “unless” the government first fulfills its proof responsibility, it is a mandatory belief thought process that you hold onto “unless” the government fulfills its proof.
It is the constitutional right of our presumption of innocence that protects the innocent from being wrongly convicted. The presumption of innocence will not protect a guilty person where the government properly does its job. As a former prosecutor I can tell you I embraced the challenge of proving the case to the jury. It is a duty of the citizens of the San Diego community to have this mindset as they handle the responsibilities of being on a jury in a case.
I celebrate that our founders were smart enough to understand our inherent weakness to rush to judgment before knowing the facts and put in place a protection to prevent the innocent from a wrongful conviction. What do you think about the presumption of innocence
Hire a Proactive, affordable, and quality defense when you are facing San Diego DUI charges. Whether you have been charged of a San Diego DUI, Poway DUI, La Mesa DUI, Santee DUI, Mission Valley DUI, Clairemont DUI, Point Loma DUI, La Jolla DUI, Carmel Valley DUI, Mira Mesa DUI, Pacific Beach DUI, Del Mar DUI, Carmel Valley DUI, Encinitas DUI, Oceanside DUI, Ocean Beach DUI, Escondido DUI, Vista DUI, San Marcos DUI, Carlsbad DUI, El Cajon DUI it is vital you need to hire an attorney who knows how to defend your rights and can determine if the government can prove their case. Contact the Law Office of Mark Deniz now for a free case evaluation at (858) 751-4384 or send an email to [email protected]