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)
“Who does not know that kings and rulers sprang from men who were ignorant of God, who assumed because of blind greed and intolerable presumption to make themselves masters of other men, their equals, by means of pride, violence, bad faith, murder, and almost every other kind of crime? Surely the devil drove them on.”
—Pope Gregory VII (c. 1020–1085)
“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)