Siteadmin, Check users, nsTeam1RO, nsTeam1RW, nsTeam1_talkRO, nsTeam1_talkRW, oversight, Administrators
30,650
edits
Changes
Jump to navigation
Jump to search
Line 1:
Line 1: + + − − The presumption of innocence does not apply in all proceedings. Examples of where it does not apply include: administrative proceedings, civil lawsuits, custom and border enforcement issues, and educational institutions processing of sexual assault allegations under [[Title IX]] of the Higher Education Amendments of 1972.
Presumption of innocence (view source)
Revision as of 13:16, November 17, 2017
, 13:16, November 17, 2017move up civil proceedings, et al., where it does not apply
The '''presumption of innocence''' is a principle that places the [[burden of proof]] on the [[prosecution]] to prove [[beyond a reasonable doubt]] that a [[crime|criminal]] [[defendant]] is guilty, not on the defendant to prove his [[innocence]]. The principle is considered to be a fundamental part of [[due process]].<ref>[http://legal-dictionary.thefreedictionary.com/presumption+of+innocence Presumption of innocence]</ref> The presumption of innocence has its origin in the English [[common law]] and is fundamental to legal systems, such as those of the [[United States]], which are derived from common law. The presumption of innocence has also become part of many systems of [[civil law]], and is now seen throughout the world as an essential element of human [[freedom]].
The '''presumption of innocence''' is a principle that places the [[burden of proof]] on the [[prosecution]] to prove [[beyond a reasonable doubt]] that a [[crime|criminal]] [[defendant]] is guilty, not on the defendant to prove his [[innocence]]. The principle is considered to be a fundamental part of [[due process]].<ref>[http://legal-dictionary.thefreedictionary.com/presumption+of+innocence Presumption of innocence]</ref> The presumption of innocence has its origin in the English [[common law]] and is fundamental to legal systems, such as those of the [[United States]], which are derived from common law. The presumption of innocence has also become part of many systems of [[civil law]], and is now seen throughout the world as an essential element of human [[freedom]].
The presumption of innocence does not apply in all proceedings. Examples of where it does not apply include: administrative proceedings, civil lawsuits, custom and border enforcement issues, and educational institutions processing of sexual assault allegations under [[Title IX]] of the Higher Education Amendments of 1972.
The first complete explanation of the presumption of innocence in [[America]]n law was by the [[United States Supreme Court]] in ''[[Coffin v. United States]]'' (1895).
The first complete explanation of the presumption of innocence in [[America]]n law was by the [[United States Supreme Court]] in ''[[Coffin v. United States]]'' (1895).
The presumption of innocence was summarized by Viscount Sankey thus, in the context of a murder trial: "If, at the end of and on the whole of the case, there is a reasonable doubt, created by the evidence given by either the prosecution or the prisoner, as to whether the prisoner killed the deceased with a malicious intention, the prosecution has not made out the case and the prisoner is entitled to an acquittal." <ref>Woolmington v DPP, 1935</ref> In the same speech, he referred to this legal principle as the "golden thread" running "throughout the web of the English Criminal Law", a phrase which has come to be used as a shorthand for the principle itself.
The presumption of innocence was summarized by Viscount Sankey thus, in the context of a murder trial: "If, at the end of and on the whole of the case, there is a reasonable doubt, created by the evidence given by either the prosecution or the prisoner, as to whether the prisoner killed the deceased with a malicious intention, the prosecution has not made out the case and the prisoner is entitled to an acquittal." <ref>Woolmington v DPP, 1935</ref> In the same speech, he referred to this legal principle as the "golden thread" running "throughout the web of the English Criminal Law", a phrase which has come to be used as a shorthand for the principle itself.
==References==
==References==
<references/>
<references/>
[[Category:Legal Terms]]
[[Category:Legal Terms]]