Darkmantle said:
Therumancer said:
Indeed in most countries, the burden of proof is on the accused.
In most first world countries? that's BS and you know it. Most if not all first world countries have innocent until proven guilty as the standard. And we don;t find the American system silly because we think the accused should have to prove his innocence, we find it silly because it is so weak it is often abused by sue happy people to sue for foolish things.
Got fat by eating at mcdonalds? Sue.
Spilled coffee on your lap and it was hot? Sue.
that kind of shit.
The civil court system and criminal justice system are differant in the US, with differant standards of proof. "Beyond a reasonable doubt" is only the standard in criminal cases against the state. When it comes to civil cases it either goes to "a preponderance of evidence" or "clear and convincing testimony" depending on the exact case and arena.
Your comments also bely a certain amount of ignorance. In the US companies are expected to take responsibility for their actions and behaviors, even if it doesn't always happen. In the cases above the reason for the trials was because Mcdonalds was promoting it's products as being healthy and not make it clear how fattening and unhealthy their food is. Understand that on a fundemental level hamburger and fried potatoes aren't health food, but at the same time they shouldn't be as bad for you as Mcdonald's food actually happened to be given all the things they cut their meat with and so on. At least in the US those specific complaints started when Mcdonalds was in the midst of some major campaigning tp prevent their food as at least not being damaging, pushing their "new" healthier fries, and things like that. The specific evasive terms used by advertising companies don't justify a lack of responsibility, in a civil case for things like that it comes down to what a reasonable person would infer from the advertising being used. It's a valid case. When it came to the coffee case, which was appealed (to some extent) people don't realize that the case only happened because the coffee was hot enough to require skin grafts, had she drunk that coffee the lady in question probably would have died. Urban legend, and international ignorance aside, it was a fairly reasonable case.
When it comes to the criminal system, which is what we're talking about, most countries do not actually practice an "innocent until proven guilty" court proceeding, even if they use that term, precedent has typically turned it into something else. However given your own statements you seem to cocede that, hence your other comments about American stupidity, with you jumping on civil matters dealing with an entirely differant type of law. In those cases the state doesn't have a direct, vested, prescence on one side of the other, and is effectively acting as a neutral party.
Now I get it, people from other countries don't like to be shown their failings, and why the US is what it is today. The thing is that they should learn from their failings and from where the US surpasses them, rather than getting all uptight about it.
Also, part of my point was American ignorance in our assumption that other countries have the same degree of freedom, protections, and civil liberties thaat the US does. Those, especially in the American left wing, like to try and present the US as oppressive (lol) without any real understanding of what the rest of the world is like.
That said there is a grain of truth in the latter part of your statements, in that there are a lot of problems with the entire "Innocent until proven guilty" assumption, especially with American precedents in regards to it which have taken it to crazy extremes, the opposite of the rest of the world which has mostly undermined it through their own precedents. To a great extent we've turned our court system into something resembling a game, where it's not about simply proving guilt, but in being able to justify actually using the proof. The US rules of evidence, and search and seizure protections are flipping insane at times. In the US it's possible to more or less catch someone red handed for murder, drug trafficing, or other crimes, but then not be able to win the case because of some technicality involving how a piece of evidence was uncovered which leads to the entire case being lost due to everything from that point on being declared "fruit of the poisoned tree".
Basically, if you want to be critical of the US Criminal Justice system, what you look at is the insanity surrounding the whole Michael Jackson perophille accusations, or OJ Simpson trial, the role which money played, and how much evidence (especially in MJ's case) was present yet was not sufficient to ensure a conviction. I mean the guy had a secret room in his house which was a sort of pervo-throne room where he took little kids to get them drunk and molest them. When they actually found his little molestation nest based on testimony you'd figure that would be it, but nope... not in America.