Presumption of innocence
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+ | The '''presumption of innocence''' is the [[legal principle]] that one is considered "[[innocent]] until proven [[guilt (law)|guilty]]". | ||
- | The '''presumption of innocence''', sometimes referred to by the [[List of legal Latin terms|Latin]] expression '''''Ei incumbit probatio qui dicit, non qui negat''''', is the principle that one is considered '''innocent until proven guilty'''. Application of this principle is a legal [[Rights|right]] of the accused in a [[Criminal procedure|criminal trial]], recognised in many nations. The [[Legal burden of proof|burden of proof]] is thus on the [[Prosecutor|prosecution]], which has to collect and present enough compelling evidence to convince the trier of fact, who is restrained and ordered by law to consider only actual evidence and testimony that is legally admissible, and in most cases lawfully obtained, that the accused is [[Guilt (law)|guilty]] beyond a [[reasonable doubt]]. If reasonable doubt remains, the accused is to be [[Acquittal|acquitted]]. | + | 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]]. |
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+ | 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. | ||
==See also== | ==See also== | ||
+ | * [[Adversarial system]] | ||
* [[Blackstone's formulation]] | * [[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]] | * [[Trial by media]] | ||
- | * ''[[Presumed Guilty (2009 film)|Presumed Guilty]]'', a 2009 Mexican documentary film | + | * [[Presumption of supply in New Zealand]] |
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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