Presumption of innocence in the context of "Burden of proof (law)"

Play Trivia Questions online!

or

Skip to study material about Presumption of innocence in the context of "Burden of proof (law)"

Ad spacer

⭐ Core Definition: Presumption of innocence

The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must present compelling evidence to the trier of fact (a judge or a jury). If the prosecution does not prove the charges true, then the person is acquitted of the charges. The prosecution must in most cases prove that the accused is guilty beyond a reasonable doubt. If reasonable doubt remains, the accused must be acquitted. The opposite system is a presumption of guilt.

In many countries and under many legal systems, including common law and civil law systems (not to be confused with the other kind of civil law, which deals with non-criminal legal issues), the presumption of innocence is a legal right of the accused in a criminal trial. It is also an international human right under the UN's Universal Declaration of Human Rights, Article 11.

↓ Menu

>>>PUT SHARE BUTTONS HERE<<<

πŸ‘‰ Presumption of innocence in the context of Burden of proof (law)

In a legal dispute, one party has the burden of proof to show that they are correct, while the other party has no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute. It is also known as the onus of proof.

The burden of proof is usually on the person who brings a claim in a dispute. It is often associated with the Latin maxim semper necessitas probandi incumbit ei qui agit, a translation of which is: "the necessity of proof always lies with the person who lays charges." In civil suits, for example, the plaintiff bears the burden of proof that the defendant's action or inaction caused injury to the plaintiff, and the defendant bears the burden of proving an affirmative defense. The burden of proof is on the prosecutor for criminal cases, and the defendant is presumed innocent. If the claimant fails to discharge the burden of proof to prove their case, the claim will be dismissed.

↓ Explore More Topics
In this Dossier

Presumption of innocence in the context of Hammurabi

Hammurabi (/ˌhΓ¦mʊˈrɑːbi/; Old Babylonian Akkadian: π’„©π’„ π’ˆ¬π’Šπ’‰, romanized:Β αΈͺammu-rāpi; Akkadian: [xammuˈraːpΚ°i]; c. 1810 – c. 1750 BC), also spelled Hammurapi, was the sixth Amorite king of the Old Babylonian Empire, reigning from c. 1792 to c. 1750 BC. He was preceded by his father, Sin-Muballit, who abdicated due to failing health. During his reign, he conquered the city-states of Larsa, Eshnunna, and Mari. He ousted Ishme-Dagan I, the king of Assyria, and forced his son Mut-Ashkur to pay tribute, bringing almost all of Mesopotamia under Babylonian rule.

Hammurabi is best known for having issued his eponymous code, which he claimed to have received from Shamash, the Babylonian god of justice. Unlike earlier Sumerian law codes, such as the Code of Ur-Nammu, which had focused on compensating the victim of the crime, the Law of Hammurabi was one of the first law codes to place greater emphasis on the physical punishment of the perpetrator. It prescribed specific penalties for each crime and is among the first codes to establish the presumption of innocence. They were intended to limit what a wronged person was permitted to do in retribution. The Code of Hammurabi and the Law of Moses in the Torah contain numerous similarities.

↑ Return to Menu

Presumption of innocence in the context of Procedural law

Procedural law, adjective law, in some jurisdictions referred to as remedial law, or rules of court, comprises the rules by which a court hears and determines what happens in civil, lawsuit, criminal or administrative proceedings. The rules are designed to ensure a fair and consistent application of due process (in the U.S.) or fundamental justice (in other common law countries) to all cases that come before a court.

Substantive law, which refers to the actual claim and defense whose validity is tested through the procedures of procedural law, is different from procedural law. In the context of procedural law, procedural rights may also refer not exhaustively to rights to information, access to justice, and right to counsel, rights to public participation, and right to confront accusers,Β as well as the basic presumption of innocence (meaning the prosecution regularly must meet the burden of proof, although different jurisdictions have various exceptions), with those rights encompassing general civil and political rights. In environmental law, these procedural rights have been reflected within the UNECE Convention on "Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters" known as the Aarhus Convention (1998).

↑ Return to Menu

Presumption of innocence in the context of John Adams

John Adams (October 30, 1735 – July 4, 1826) was a Founding Father and the second president of the United States from 1797 to 1801. Before his presidency, he was a leader of the American Revolution that achieved independence from Great Britain. During the latter part of the Revolutionary War and in the early years of the new nation, he served the Continental Congress of the United States as a senior diplomat in Europe. Adams was the first person to hold the office of vice president of the United States, serving from 1789 to 1797. He was a dedicated diarist and regularly corresponded with important contemporaries, including his wife and advisor Abigail Adams and his friend and rival Thomas Jefferson.

A lawyer and political activist prior to the Revolution, Adams was devoted to the right to counsel and presumption of innocence. He defied anti-British sentiment and successfully defended British soldiers against murder charges arising from the Boston Massacre. Adams was a Massachusetts delegate to the Continental Congress and became a leader of the revolution. He assisted Jefferson in drafting the Declaration of Independence in 1776 and was its primary advocate in Congress. As a diplomat, he represented the United States in France and the Netherlands during the war. He helped negotiate the peace treaty with Great Britain, secured Dutch loans for the American government, and was the first United States ambassador to Great Britain. Adams was the primary author of the Massachusetts Constitution in 1780, which, with his other political writings, influenced the United States Constitution.

↑ Return to Menu

Presumption of innocence in the context of Article 6 of the European Convention on Human Rights

Article 6 of the European Convention on Human Rights is a provision of the European Convention which protects the right to a fair trial in criminal law cases and in cases to determine civil rights. It protects the right to a public hearing before an independent and impartial tribunal within a reasonable time, the presumption of innocence, right to silence and other minimum rights for those charged in a criminal case (adequate time and facilities to prepare their defence, access to legal representation, right to examine witnesses against them or have them examined, right to the free assistance of an interpreter).

↑ Return to Menu