Laws based upon speculation that you may act dishonestly are wrong. I've seen lots of police statements about arrests and detentions where the officer basically says, "We didn't know that he was not going to do something illegal."
Putting somebody in a position where they have to prove a negative is plain wrong. The prosecution needs to prove a positive, unless you're in Plymouth, Massachusetts where the prosecutor is required to disprove all defense assertions about mental illness, or the jury will acquit.
I read about this story on Reason.com a few days ago. The mother is getting her law license and is now worried about the repercussions of her having a criminal record.
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Laws based upon speculation that you may act dishonestly are wrong. I've seen lots of police statements about arrests and detentions where the officer basically says, "We didn't know that he was not going to do something illegal."
Putting somebody in a position where they have to prove a negative is plain wrong. The prosecution needs to prove a positive, unless you're in Plymouth, Massachusetts where the prosecutor is required to disprove all defense assertions about mental illness, or the jury will acquit.
I read about this story on Reason.com a few days ago. The mother is getting her law license and is now worried about the repercussions of her having a criminal record.
https://reason.com/2026/09/02/virginia-mom-gets-6-month-susp...