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)
“It was modesty that invented the word “philosopher” in Greece and left the magnificent overweening presumption in calling oneself wise to the actors of the spirit—the modesty of such monsters of pride and sovereignty as Pythagoras, as Plato.”
—Friedrich Nietzsche (1844–1900)
“There is an innocence in lying which is the sign of good faith in a cause.”
—Friedrich Nietzsche (1844–1900)