Presumption of innocence
The presumption of innocence is a foundational principle of the American legal system, asserting that individuals accused of crimes are considered innocent until proven guilty in a court of law. This tenet places the burden of proof solely on the prosecution, which must establish the accused's guilt beyond a reasonable doubt. Before a trial, the accused must be properly informed of the charges against them, typically during a proceeding called an arraignment, which also addresses bail and the rights of the accused.
A judge plays a critical role in determining bail, assessing whether the accused is likely to appear for trial. If there is a significant risk of flight, the accused may be held without bail. In the event of a trial, the accused has the right to be informed of evidence against them and can contest the prosecution's case. If reasonable doubt about guilt arises, the judge or jury is required to find the accused innocent. Overall, the presumption of innocence serves to protect individuals from unlawful punishment and to ensure a fair judicial process.
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Presumption of innocence
SIGNIFICANCE: A fundamental tenet of the American system of justice, the presumption of innocence places the burden of proof in criminal trials upon the prosecution.
It is a violation of basic law for people to be punished unless they have been convicted of crimes in courts of law. The greatest restraint that can be placed on an accused individual before conviction is the restraint considered necessary to ensure that the person shows up for trial. A judge sets bail based on the probability that the person will appear for trial. If the judge believes that the accused person will attend the trial, there is often no bail or bail is set at a reasonable level. If the judge concludes that an accused person is likely to flee if released on bail, regardless of the amount, that accused person might be held without bail.
The accused person must be indicted by a grand jury, held for trial as a result of a preliminary hearing, or sometimes both. The grand jury is always a secret proceeding, while the preliminary hearing may be secret. The purpose of secrecy is to prevent the state from publicly claiming that a person has committed a crime unless a panel of citizens or a judge first declares that this is possible.
Preferably at the time of arrest, accused persons must be informed of the exact charges against them. The proceeding at which charges are specified is known as an arraignment. Arraignments serve four purposes: to notify the accused persons of the exact charges against them, to notify the accused persons of their rights, to set bail, and to accept pleas. If a case goes to trial, accused persons are entitled to have trials before juries or judges, whichever the accused prefer.
The judicial body must begin the trial by making the case against the accused, or defendant. The accused is entitled to know all or most of the evidence before the trial begins. If the prosecution fails during trial to make any important point required by law, the defendant cannot be convicted of the crime to which the point is relevant. Only when and if the prosecution has established a case must the accused respond to that case.
If the accused in a criminal trial raises a reasonable doubt in the mind of the judge or jury hearing the case, the judge or jury must find the accused innocent. The criterion is not beyond a shadow of a doubt but beyond a reasonable doubt—a doubt based on the sound thinking of the judge or jury.
It is against the law to arrest a person and hold that person for trial unless the arresting agency genuinely believes that the person committed the crime in question. One should not be surprised that the police or prosecutors behave as if accused persons are guilty—it would be against the law for them to arrest persons if they do not believe in their guilt. However, unless there is a conviction, the defendant is supposed to be considered innocent and is not supposed to be punished.
Bibliography
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Clark, Sherman. “The Juror, the Citizen, and the Human Being: The Presumption of Innocence and the Burden of Judgment.” Criminal Law & Philosophy 8.2 (2014): 421–429.
Lippke, Richard. “The Prosecutor and the Presumption of Innocence.” Criminal Law & Philosophy 8.2 (2014): 337–352.
Pellicciotti, Joseph M. Handbook of Basic Trial Evidence: A College Introduction. Bristol: Wyndham Hall P, 1992.
"Presumption of Innocence." Cornell Law School, August 2020, www.law.cornell.edu/wex/presumption‗of‗innocence. Accessed 9 July 2024.
Stopp, Margaret T. Evidence Law in the Trial Process. Albany: West/Delmar, 1999.