One of the most sacred principles in the American criminal justice system, holding that a defendant is innocent until proven guilty. In other words, the prosecution must prove, beyond a reasonable doubt, each element of the crime charged.
It is a long-standing principle of English criminal law that a defendant is “innocent until proven guilty”. That is, it is the job of the state (technically the Crown) to prove all the facts of the case against the defendant. The presumption of innocence has two facets. First, in that, the burden of proof falls on the prosecution. It must prove guilt; it is not for the defendant to prove his innocence. Second, the standard of proof is ‘beyond reasonable doubt.
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This glossary post was last updated: 29th March 2024.
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