How Can I Accuse A Person Of A Crime Without Proof?


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lakeesha Hennessy Williams Profile
As far as the law is concerned, then you can't
If there's no evidence to prove that something happened, a prosecution cannot be mounted.

In most countries the prosecution process works something like this:

  • Someone makes a complaint to the police/authorities
  • Police investigate and decide whether to charge the suspect
  • A suspect attends court and is 'put on trial' to determine whether they are guilty or not

Can someone be accused of a crime without proof. The reason proof is so important is because, if a case reaches a trial stage, only verifiable evidence can be used against someone. Things like hearsay and accusations simply don't wash.

When the police get called in, part of their job is to determine whether a case is worth taking further.

In the US, the police speak to the state prosecutor about whether it's in the interest of the state to proceed with the prosecution procedure.

Crime without evidence

If you are accused of a crime that you did not commit, the prosecution would have a tough time proving otherwise.

In criminal law, a suspect must be found guilty 'beyond all reasonable doubt' which means you can't be sent down on a hunch and a whim: Concrete evidence is required!

This means burden of proof lies with the prosecution and, if there is no proof, it is unlikely that a prosecutor will authorize a case to be presented before the courts.

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