Presumption of innocence
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| - | {{Template}}Both in [[common law]] and in [[civil law (legal system)|civil law]], a '''rebuttable presumption''' (in [[Latin]], ''praesumptio iuris tantum'') is an assumption made by a court, one that is taken to be true unless someone comes forward to contest it and [[Evidence (law)|prove]] otherwise. For example, a defendant in a criminal case is [[presumption of innocence|presumed innocent until proved guilty]]. A rebuttable presumption is often associated with ''[[prima facie]]'' evidence. | + | {{Template}} |
| + | The '''presumption of innocence''' is the [[legal principle]] that one is considered "[[innocent]] until proven [[guilt (law)|guilty]]". | ||
| - | Rebuttable presumptions in [[criminal law]] are somewhat controversial in that they do effectively reverse the [[presumption of innocence]] in some cases. For example, in the [[United Kingdom]], Section 75 of the [[Sexual Offences Act 2003]] makes the rebuttable presumption that a person who is unconscious or asleep cannot [[consent (criminal law)|consent]] to sexual activity. | + | In many countries, the presumption of innocence is a [[legal right]] of the accused in a [[criminal trial]], and it is an international [[human right]] under the [[UN]]'s [[Universal Declaration of Human Rights]], Article 11. Under the presumption of innocence, the [[legal burden of proof]] is thus on the [[Prosecutor|prosecution]], which must present compelling evidence to the trier of fact (a judge or a jury). The prosecution must in most cases prove that the accused is guilty [[beyond a reasonable doubt]]. If reasonable doubt remains, the accused must be [[Acquittal|acquitted]]. |
| - | == See also == | + | Under many civil law systems, including the [[English common law]], in criminal proceedings the accused is presumed innocent unless the prosecution presents a high level of evidence as described above. In civil proceedings (like [[breach of contract]]) the defendant is initially presumed correct unless the plaintiff presents a moderate level of evidence and thus switches the [[legal burden of proof|burden of proof]] to the defendant. |
| - | * [[Legal burden of proof]] | + | |
| - | * [[Conclusive presumption|Conclusive (irrebuttable) presumption]] | + | ==See also== |
| - | * [[Prima facie]]{{GFDL}} | + | * [[Adversarial system]] |
| + | * [[Blackstone's formulation]] | ||
| + | * [[Due process]] | ||
| + | * ''[[Habeas corpus]]'' | ||
| + | * [[Null hypothesis]] | ||
| + | * [[Presumption of guilt]] | ||
| + | * [[Rebuttable presumption]] | ||
| + | * [[Right to a fair trial]] | ||
| + | * [[Right to silence]] | ||
| + | * [[Trial by media]] | ||
| + | * [[Presumption of supply in New Zealand]] | ||
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| + | {{GFDL}} | ||
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The presumption of innocence is the legal principle that one is considered "innocent until proven guilty".
In many countries, the presumption of innocence is a legal right of the accused in a criminal trial, and it is an international human right under the UN's Universal Declaration of Human Rights, Article 11. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must present compelling evidence to the trier of fact (a judge or a jury). The prosecution must in most cases prove that the accused is guilty beyond a reasonable doubt. If reasonable doubt remains, the accused must be acquitted.
Under many civil law systems, including the English common law, in criminal proceedings the accused is presumed innocent unless the prosecution presents a high level of evidence as described above. In civil proceedings (like breach of contract) the defendant is initially presumed correct unless the plaintiff presents a moderate level of evidence and thus switches the burden of proof to the defendant.
See also
- Adversarial system
- Blackstone's formulation
- Due process
- Habeas corpus
- Null hypothesis
- Presumption of guilt
- Rebuttable presumption
- Right to a fair trial
- Right to silence
- Trial by media
- Presumption of supply in New Zealand
