Meaning
"Presumption of innocence" serves to emphasize that the prosecution has the obligation to prove each element of the offense beyond a reasonable doubt (or some other level of proof depending on the criminal justice system) and that the accused bears no burden of proof. This is often expressed in the phrase innocent until proven guilty, coined by the English lawyer Sir William Garrow (1760–1840). Garrow insisted that accusers be robustly tested in court. An objective observer in the position of the juror must reasonably conclude that the defendant almost certainly committed the crime.
The presumption of innocence is in fact a legal instrument created by the French cardinal and jurist Jean Lemoine to favor the accused based on the legal inference that most people are not criminals. It is literally considered favorable evidence for the accused that automatically attaches at trial. It requires that the trier of fact, be it a juror or judge, begin with the presumption that the state is unable to support its assertion. To ensure this legal protection is maintained a set of three related rules govern the procedure of criminal trials. The presumption means:
- With respect to the critical facts of the case - whether the crime charged was committed and whether the defendant was the person who committed the crime - the state has the entire burden of proof.
- With respect to the critical facts of the case, the defendant does not have any burden of proof whatsoever. The defendant does not have to testify, call witnesses or present any other evidence, and if the defendant elects not to testify or present evidence, this decision cannot be used against them.
- The jury or judge is not to draw any negative inferences from the fact the defendant has been charged with a crime and is present in court and represented by an attorney. They must decide the case solely on evidence presented during the trial.
This duty on the prosecution was famously referred to as the “golden thread” in the criminal law by Lord Sankey LC in Woolmington v DPP AC 462:
| “ | Throughout the web of the English criminal law one golden thread is always to be seen - that it is the duty of the prosecution to prove the prisoner's guilt subject to what I have already said as to the defence of insanity and subject also to any statutory exception... | ” |
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Famous quotes containing the word meaning:
“He is the essence that inquires.
He is the axis of the star;
He is the sparkle of the spar;
He is the heart of every creature;
He is the meaning of each feature;
And his mind is the sky,
Than all it holds more deep, more high.”
—Ralph Waldo Emerson (1803–1882)
“The nineteenth century is a turning point in history, simply on account of the work of two men, Darwin and Renan, the one the critic of the Book of Nature, the other the critic of the books of God. Not to recognise this is to miss the meaning of one of the most important eras in the progress of the world.”
—Oscar Wilde (1854–1900)
“More significant than the fact that poets write abstrusely, painters paint abstractly, and composers compose unintelligible music is that people should admire what they cannot understand; indeed, admire that which has no meaning or principle.”
—Eric Hoffer (1902–1983)