Criminal Procedure & Rights When Arrested

Reversed Presumption of Innocence

An official implies or states that you must prove your innocence.

Premium foundational 8 minutes

What They Said

“You are here because there is evidence against you. It is up to you to prove you did not do it.”
A person in authority implies that having been accused means you are presumed guilty and must prove your innocence.

Reversal of the Burden of Proof

This is a fundamental violation of legal principle. In criminal proceedings, the burden of proof lies with the accuser, not the accused. The accused is presumed innocent until proven guilty. The accuser must prove guilt beyond a reasonable doubt. The accused does not have to prove innocence.

Your Legal Foundation

Strafprozessordnung
“All authorities involved in criminal proceedings must consider with equal care the circumstances that speak for and against the accused, and are obliged to inform the accused of his rights, even where this is not expressly prescribed.”
This means that being accused does not shift the burden of proof onto you; authorities must equally consider exculpatory evidence and inform you of your rights, including the presumption of innocence.

God's Word on This

Proverbs 18:17 (NET)
“The first to state his case seems right, until his opponent begins to cross-examine him.”
One side presenting evidence does not end the matter. Cross-examination — testing the evidence — is what determines truth. Accusation is not proof.
Deuteronomy 19:15 (NET)
“A single witness may not testify against another person for any trespass or sin that he commits. A matter may be established only on the testimony of two or three witnesses.”
Biblical law required multiple witnesses before a matter could be established — a principle that the mere fact of accusation is not proof.
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Common Counter-Arguments

After you respond, they may push back with these arguments. Members get the full rebuttal for each.

They might say: “But the law says we must consider both sides, so we are allowed to ask you to explain the evidence against you.”
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They might say: “If you don't prove your innocence, we will assume you are guilty.”
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