Where [[jurisprudence]] holds to the [[presumption of innocence]], the [[burden of proof]] falls on the [[prosecutor]] or the [[plaintiff]] to make their case against the accused [[defendant]] based on detraction. Unsubstantiated calumnies are disallowed. However, the potential for substantive detraction based on factual evidence can also be disallowed by the [[court]] on the basis that it is unduly [[Prejudice|prejudicial]]. This occasionally results in cases where a defendant who is most certainly guilty is discharged and not punished by the prevailing justice system due to a withholding of substantiating evidence of actual guilt on the basis of a legal technicality. | Where [[jurisprudence]] holds to the [[presumption of innocence]], the [[burden of proof]] falls on the [[prosecutor]] or the [[plaintiff]] to make their case against the accused [[defendant]] based on detraction. Unsubstantiated calumnies are disallowed. However, the potential for substantive detraction based on factual evidence can also be disallowed by the [[court]] on the basis that it is unduly [[Prejudice|prejudicial]]. This occasionally results in cases where a defendant who is most certainly guilty is discharged and not punished by the prevailing justice system due to a withholding of substantiating evidence of actual guilt on the basis of a legal technicality. |