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Presumption of innocence

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The presumption of innocence is a very important legal rule. It means that anyone accused of a crime is considered innocent at first. This rule changes how a trial works in court. The burden of proof is on the prosecution, which is the side making the accusation. They must show very strong evidence to a judge or a jury. If the evidence is not strong enough, the person is acquitted. This means they are found not guilty of the charges. In most cases, the prosecution must prove guilt beyond a reasonable doubt. If any reasonable doubt remains, the person must be set free.

This rule works by placing the responsibility on the accuser. The person being accused does not have to prove they are innocent. They do not even have to testify or call their own witnesses. If they choose to stay silent, the judge cannot use that against them. The judge or jury must start the trial believing the person is innocent. They cannot assume someone is guilty just because they are in court. They must only decide the case based on the evidence shown during the trial. This ensures that the state must do all the hard work to prove its case.

Many different cultures and religions have used this idea throughout history. In ancient Rome, Emperor Antoninus Pius introduced this to criminal law. A rule from the sixth-century Digest of Justinian said proof lies with the person making the claim. In Islamic law, the idea is fundamental and is based on a hadith. The fourth Caliph, Ali ibn Abi Talib, said to reject doubtful evidence. Talmudical law also teaches that every man is innocent until proven guilty. These traditions show that many people have valued fairness for a very long time.

History also shows times when this rule was not used. In medieval Europe, some systems used a presumption of guilt. People sometimes used trials by ordeal to decide if someone was guilty. This changed in the early 13th century when Louis IX of France banned these trials. Later, a British barrister named Sir William Garrow helped shape the modern rule. During a 1791 trial at the Old Bailey, he insisted that accusers be tested.

William Garrow2
William Garrow2

In 1935, an English court called this rule the "golden thread" of the law.

Today, the presumption of innocence is a recognized human right. It is part of the UN's Universal Declaration of Human Rights in Article 11. Many countries, like France, Italy, and Brazil, use this rule in their legal systems.

07CFREU-Article48
07CFREU-Article48

The Charter of Fundamental Rights of the European Union also protects this right. It is used in many different types of governments, including republics and monarchies. This rule helps make sure that legal systems around the world try to be fair. It remains a guiding principle for justice in many modern nations.

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