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}}
-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.+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]].
-== See also ==+==See also==
-* [[Legal burden of proof]]+* [[Blackstone's formulation]]
-* [[Conclusive presumption|Conclusive (irrebuttable) presumption]]+* [[Trial by media]]
-* [[Prima facie]]{{GFDL}}+* ''[[Presumed Guilty (2009 film)|Presumed Guilty]]'', a 2009 Mexican documentary film
 + 
 +{{GFDL}}

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The presumption of innocence, sometimes referred to by the 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 right of the accused in a criminal trial, recognised in many nations. The burden of proof is thus on the 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 guilty beyond a reasonable doubt. If reasonable doubt remains, the accused is to be acquitted.

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Unless indicated otherwise, the text in this article is either based on Wikipedia article "Presumption of innocence" or another language Wikipedia page thereof used under the terms of the GNU Free Documentation License; or on research by Jahsonic and friends. See Art and Popular Culture's copyright notice.

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