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originally posted by: chr0naut
The presumption of innocence is not the same as actual innocence. It is a legal procedure that guides the court case.
The Police, to do their job, must suspect those they investigate. The presumption of innocence does not factor into the process at that stage.
The Police also cannot declare anyone legally guilty, that is the function of the courts where the case gets handed off for adjudication and where the presumption of innocence comes into play.
The judiciary is the State.
The state is a different thing to the Judiciary.
No, it happens because the presumption of innocence does not come into play until charges are laid. It is neither illegal nor wrong.
You also cannot petition bail unless you have been charged but have not yet been convicted or acquitted. The presumption of innocence is a function of jurisprudence. It isn't universal.