Presumption Of Innocence Definition and Legal Meaning
On this page, you'll find the legal definition and meaning of Presumption Of Innocence, written in plain English, along with examples of how it is used.
What is Presumption Of Innocence?
The legal right that the accused defendant is bestowed upon , by the judicial system. Under this principle of presumption of innocence, the defendant have no burden to prove his innocence. It is burden of the prosecution or the victim and his lawyer to bring a substantial proof to the court which can prove the accuse defendant as guilty. thus under this rule, no person can be convicted as guilty of certain crime, till the court convicts him/her of such crime after the prosecution has presented a substantial proof of it.
History and Meaning of Presumption Of Innocence
The presumption of innocence is a legal principle that holds that a person is innocent until proven guilty in a court of law. This principle has its roots in Roman law, which held that no one should be punished without a fair trial. The principle was eventually incorporated into English common law, and has since been adopted by many other legal systems around the world.
The principle of presumption of innocence places the burden of proof on the prosecution in criminal cases. This means that it is the responsibility of the prosecution to prove beyond a reasonable doubt that the accused is guilty of the crime they are charged with. The accused has no obligation to prove their innocence.
Examples of Presumption Of Innocence
-
In a criminal trial, the prosecution must present evidence that is strong enough to convince the jury of the accused's guilt beyond a reasonable doubt. If the evidence presented by the prosecution is not strong enough, the accused may be acquitted.
-
A person who has been arrested for a crime is still considered innocent until they have been found guilty in a court of law. This means that their reputation should not be tarnished by the fact that they have been arrested.
-
The presumption of innocence also extends to the treatment of the accused by the police and other law enforcement officials. The accused should be treated with respect and dignity, and should not be subjected to harsh treatment or abuse.
Legal Terms Similar to Presumption Of Innocence
-
Burden of proof - The obligation to provide sufficient evidence to prove a disputed fact in a legal case.
-
Beyond a reasonable doubt - The standard of proof required in a criminal case, which means that the evidence presented must be strong enough to leave no room for reasonable doubt in the minds of the jury.
-
Due process - The legal requirement that the government must provide a fair and impartial trial to anyone accused of a crime. This includes the presumption of innocence and the right to a defense.