Innocent Until Proven Guilty

What Does That Actually Mean?

Elle Beau ❇︎
Inside of Elle Beau

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Image: Pixabay

“Innocent until proven guilty” is seen as one of the cornerstones of our democratic system. But what does that phrase actually mean and in what context does it apply?

“A principle that requires the government to prove the guilt of a criminal defendant and relieves the defendant of any burden to prove his or her innocence.

The presumption of innocence, an ancient tenet of Criminal Law, is actually a misnomer.

According to the U.S. Supreme Court, the presumption of the innocence of a criminal defendant is best described as an assumption of innocence that is indulged in the absence of contrary evidence (Taylor v. Kentucky, 436 U.S. 478, 98 S. Ct. 1930, 56 L. Ed. 2d 468 [1978]). It is not considered evidence of the defendant’s innocence, (empahsis mine) and it does not require that a mandatory inference favorable to the defendant be drawn from any facts in evidence.

In practice the presumption of innocence is animated by the requirement that the government prove the charges against the defendant Beyond a Reasonable Doubt. This due process requirement, a fundamental tenet of criminal law, is contained in statutes and judicial opinions.” -The Free Legal Dictionary.

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Elle Beau ❇︎
Inside of Elle Beau

I'm a bitch, I'm a lover, I'm a child, I'm a mother, I'm a sinner, I'm a saint. I do not feel ashamed. I'm your hell, I'm your dream, I'm nothing in between.