Presumption of innocence

The presumption of innocence is a fundamental legal principle. It states that every person accused of a crime is considered innocent until proven guilty. This principle is vital because it protects individuals from the power of the state. In a legal system using this rule, the burden of proof rests on the prosecution. The prosecution is the side that brings the charges against the accused. They must present compelling evidence to a trier of fact. A trier of fact is usually a judge or a jury. If the prosecution fails to prove the charges, the accused is acquitted. An acquittal means the person is officially found not guilty.

To understand how this works, one must look at the specific mechanisms of a trial. The prosecution must usually prove guilt beyond a reasonable doubt. This means an objective observer must conclude the defendant almost certainly committed the crime. If any reasonable doubt remains, the law requires an acquittal. The defendant carries no burden of proof. They do not have to testify or call witnesses. They do not even have to present any evidence at all. If a defendant chooses to remain silent, the judge or jury cannot use that decision against them. They must decide the case solely on the evidence presented during the trial.

This principle is a cornerstone of many different legal systems. It is a key part of both common law and civil law systems. Civil law systems are modern legal structures derived from ancient Roman law. Many countries follow these systems, including France, Italy, Brazil, and Spain. In these nations, the presumption of innocence is a protected legal right. It is also recognized as an international human right. Article 11 of the United Nations' Universal Declaration of Human Rights protects this right for everyone. This ensures that people facing criminal charges have the necessary guarantees for their defense.

History shows that this idea has deep roots in many cultures. In ancient Rome, Emperor Antoninus Pius introduced this to criminal law. The sixth-century Digest of Justinian recorded a rule by the jurist Julius Paulus. It stated that proof lies with the person who asserts a claim, not the one who denies it. Talmudical law also holds that every man is innocent until proven guilty. Islamic law considers this principle fundamental. It is based on a hadith, which is a record of the traditions of the Prophet Muhammad. The fourth Caliph, Ali ibn Abi Talib, also advised rejecting doubtful evidence to avoid wrongful punishment.

However, history also contains periods where the presumption of innocence was not used. After the Western Roman Empire fell, medieval Europe often practiced feudal law. This system sometimes included a presumption of guilt. In some cases, people used trials by ordeal to decide guilt. These were tests, such as fire or water, used to judge a person. In the early 13th century, Louis IX of France, known as Saint Louis, banned these ordeals. He introduced the presumption of innocence into criminal procedures. Despite this, the use of torture, called "question préalable," continued in France until the French Revolution.

Modern legal language was greatly shaped by the British barrister Sir William Garrow. During a 1791 trial at the Old Bailey, he coined the phrase "presumed innocent until proven guilty." He insisted that the evidence of accusers must be thoroughly tested in court.

In 1935, the English Court of Appeal described this concept as the "golden thread." They meant it is a vital part of the entire web of criminal law. This concept was also expressed earlier by the French jurist Jean Lemoine. He used the phrase "item quilbet presumitur innocens nisi probetur nocens." This means a person is presumed innocent unless proven guilty.

Today, the principle is protected by many international treaties and codes. The International Covenant on Civil and Political Rights also protects this right in Article 14. The Rome Statute of the International Criminal Court includes it in Article 66. In Europe, the Convention for the Protection of Human Rights and Fundamental Freedoms makes it binding for all member states.

This includes all members of the European Union. The principle acts as a guiding standard for how evidence must be assessed. It requires that assessments be rational, objective, and impartial. By doing so, the law seeks to ensure that only the truly guilty are convicted.