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The presumption of innocence – being considered innocent unless proven guilty – is a legal right that the accused in criminal trials has in many modern countries. The burden of proof is thus on the prosecution, which has to collect and present enough compelling evidence to convince the trier of fact, who is restrained and ordered by law to consider only actual evidence and testimony that is legally admissible, and in most cases lawfully obtained, that the accused is guilty beyond a reasonable doubt. In case of remaining doubts, the accused is to be acquitted. This presumption is seen to stem from the Latin legal principle that ei incumbit probatio qui dicit, non qui negat (the burden of proof rests on who asserts, not on who denies). From Wikipedia under the
GNU Free Documentation License %2011.JPG) cfnews13.com 427px x 640px | 185.40kB [source page] > > > > %206.JPG) cfnews13.com 427px x 640px | 229.00kB [source page] > > > >  digitaljournal.com 480px x 640px | 62.80kB [source page] U S Supreme Court 2009 01 23 20 57 43 This is the Supreme Court of the United States where the ultimate decisions are made with the presumption of innocence wikimedia commons From Yahoo Image Search: "Presumption of innocence"  thoughts.com mnicholson2 hu, 12 Aug 2010 15:11:46 GM Have you noticed in news broadcasts that no one questions whether the asdministration can "try" terrorists; only whether they can "convict" presumed terrorists. No . presumption of innocence. . ... From Google Blog Search: "Presumption of innocence"  youtube.com Thu, 10 Jun 2010 18:15:23 PDT Working Audio lol Video in question: www.youtube.com ... binhthanhvo false flagging ToS Free Speech Presumption of Innocence ... youtube.com.  youtube.com Thu, 04 Dec 2008 17:13:51 PST Lawyer Dennis Edney speaks out on Omar Khadr - Nov. 25/08 - PART II of IV ... Presumption of Innocence PIP Dennis Edney Omar Khadr Civil Liberties ... youtube.com.  youtube.com Thu, 04 Mar 2010 21:59:34 PST should prove they didn't do it otherwise, since they have the right of the presumption of innocence until then. - The right of immunity has a ... youtube.com. From Google Video Search: "Presumption of innocence"  thenewstribune.com Thu, 26 Aug 2010 07:27:31 GMT+00:00 TheNewsTribune.com They are entitled to the presumption of innocence . Due process often casts an entirely different light on seemingly incriminating facts. ...  theregister.co.uk Fri, 20 Aug 2010 09:30:06 GMT+00:00 Register The internet was built on the presumption of innocence . Basic protocols such as email don't inherently contain a way to verify that the sender is legitimate ...  winnipegfreepress.com Sat, 28 Aug 2010 08:25:03 GMT+00:00 Winnipeg Free Press "The presumption of innocence is no consolation in a time of heightened fears and rampant suspicion." Alizadeh was implicated in a terrorist plot in Ottawa ... From Google News Search: "Presumption of innocence" Do you believe the legal "presumption of innocence" should be changed to: Innocent UNLESS proven guilty? Q. Throughout the legal world people are considered innocent UNTIL proven guilty...hmm. UNTIL means up to the point that a condition occurs...hmm. Would that condition go against the presumption of innocence in the first place??? Asked by shorty - Thu Mar 6 20:01:31 2008 - - 1 Answers - 0 Comments A. Means the same thing. Answered by italienne - Thu Mar 6 20:04:56 2008 presumption of innocence? Q. 1) What is the hierarchy in respect of presumption of innocence, burden of proof, & fair trial? How do they inter-relate? 2) To what extent is domestic law compatible with Art 6(2) ECHR? What do the key cases say? Asked by anais k - Sun Nov 1 08:15:14 2009 - - 2 Answers - 0 Comments A. If you choose to think of it in a hierarchical sense, A fair trial occurs when the prosecution meets the burden of proof because a defendant has the presumption of innocence. Article 6 of the ECHR is most directly compatible with the 5th and 6th Amendments to the U.S. Constitution. While the ECHR specifically mentions presumption of innocence that right is not mentioned in those amendments. It and other aspects of proper trial procedure were established by court cases including, Snyder v. Massachusetts (1934), Lisenba v. California, (1941) and Buchalter v. New York (1943) Answered by pure_genius - Sun Nov 1 10:41:49 2009 When did an impartial jury replace a jury of one's peers? And why SHOULD a jury be impartial?
Q. If a particularly heinous crime (ie. the Atlanta courtroom shootings) occurs in front of cameras and many witnesses, why must a bunch of people who don't know much be the jury? We must indeed bend over backward to protect the Constitutional presumption of innocence, and provide A (one)lawyer to protect those rights, but not a whole team of implausible bumblers! You misread! It's the defense team of bumblers. But a "jury of peers" need not be impartial, just fair. Asked by Thorbjorn - Sun May 11 20:24:03 2008 - - 2 Answers - 0 Comments A. Because the founders of our nation wanted to give the presumption of innocence. Our legal system is based on the idea that it is better for a guilty person to go free than for an innocent person to be imprisoned. The jury is filled with people who are blank slates to the facts of the crime, because we want the jurors to come in as free from biases as possible. If they had viewed the incident happening, they may not have seen it from the correct angle, or they could have been too emotionally scarred and render too harsh a verdict. It is up to the advocates to present the story and the evidence accurately to the jurors through the witnesses and the video. Once the jury has all the facts - facts that every witness doesn't have - they make… [cont.] Answered by Yellow B - Sun May 11 20:37:55 2008 From Yahoo Answer Search: "Presumption of innocence" |
