A Florida man facing child sex assault charges has filed a lawsuit against the state of Illinois alleging that the burden of proof placed on him to prove his innocence is too high.
____ ____ says Illinois’ laws “allow convictions without proof,” placing a crippling burden on the defendant and lowering the burden of proof for prosecutors so much so that they only need to place someone on the stand and point and say, “He did it.” This, he said, is a violation of his Fifth Amendment rights to protect against self-incrimination and violates his 14th Amendment right to due process.
“The federal court has the jurisdiction to intervene to protect my rights and to ensure Illinois follows the law of the land,” ____ wrote in a 22-page, handwritten lawsuit, filed in federal court in East St. Louis. “Intervene now before I’m convicted based on an unfair and illegal law.” Full Artice
Is this a satire article? This can’t possibly be true. I mean, why not just point at the prosecutor and state that 17 years ago he raped the defended? Now he has to prove otherwise.
“Actually, in a criminal case, the defendant has no burden of proof. The burden of proof is on the prosecution, which must prove the defendant’s guilt beyond a reasonable doubt.”
Anyone ever charged of a crime, especially a sex crime, knows this is not the reality. The burden of proof is NOT on the prosecution, but on the defendant. There is an assumption of guilt the minute someone is arrested.
I was charged in 2005 with l&l conduct against a 15 year old female and before I knew it they had jacked up the charges from one count to four counts . The only evidence they had was her saying I done it. I hired a female attorney spent several thousand and got jack crap from her. They were not going to make her get on the stand because she was “TRAUMATIZED”. Total bs. I took a plea deal and still went to prison for five years even though everyone agreed to downward departure to a non registry offense. But low and behold the victims advocate raised sand about it and of course the judge went with what the victims advocate said. Had to do 5 years in prison in Florida 5 years probation and am on the registry. There’s no way to get a fair trial against this kind of mess unless youre an elite. Word of a minors mouth is almost insurmountable.