The presumption of innocence, sometimes referred to by the Latin expression Ei incumbit probatio qui dicit, non qui negat (the burden of proof lies with who declares, not who denies), is the principle that one is considered innocent until proven guilty. Application of this principle is a legal right of the accused in a criminal trial, recognised in many nations. 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. If reasonable doubt remains, the accused is to be acquitted.
Read more about Presumption Of Innocence: Meaning, The Fundamental Right, The Presumption of Innocence in Modern Practice
Famous quotes containing the words presumption of, presumption and/or innocence:
“There are events which are so great that if a writer has participated in them his obligation is to write truly rather than assume the presumption of altering them with invention.”
—Ernest Hemingway (1899–1961)
“In our wildest aberrations we dream of an equilibrium we have left behind and which we naively expect to find at the end of our errors. Childish presumption which justifies the fact that child- nations, inheriting our follies, are now directing our history.”
—Albert Camus (1913–1960)
“We were as twinned lambs that did frisk i’ the sun
And bleat the one at th’ other. What we changed
Was innocence for innocence; we knew not
The doctrine of ill-doing, nor dreamed
That any did. Had we pursued that life,
And our weak spirits ne’er been higher reared
With stronger blood, we should have answered heaven
Boldly “Not guilty,” the imposition cleared
Hereditary ours.”
—William Shakespeare (1564–1616)