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USBGF Board of Directors� Statement on New York Post articles regarding Rod Covlin

Posted By: Carter Mattig
Date: Wednesday, 14 April 2010, at 8:52 p.m.

In Response To: USBGF Board of Directors’ Statement on New York Post articles regarding Rod Covlin (Gregg Cattanach)

Actually, you are wrong Gregg: First, the presumption is not a true presumption at all. A "presumption" is typically a rebuttable or irrebuttable inference dependent upon evidence of an initial fact (e.g., presumption of non-negligent behavior if a person took reasonable care). Instead, "presumption of innocence" serves to emphasize that the prosecution has the obligation to prove each element of the offense beyond a reasonable doubt (in some criminal justice systems) and that the accused bears no burden of proof. An objective observer in the position of the juror would reasonably conclude that the defendant probably committed the crime. The observable facts clearly support such an inference - the defendant has been charged with a crime, is present in court and is represented by an attorney, and all the participants in a criminal trial are also present and ready to proceed. So no Gregg, I think innocent until proven guilty is right.

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