Understanding the Presumption of Innocence

The presumption of innocence is a bedrock principle of the American legal system. It is rooted in the 5th Amendment right to due process and means anyone accused of a crime is assumed to be innocent until proven guilty beyond a reasonable doubt. To prove a defendant guilty, the prosecution must present evidence so convincing that there is no reasonable doubt in the mind of a rational person that the defendant committed the crime.

A criminal defense attorney plays a crucial role in protecting a person’s right to be presumed innocent. An attorney will remind the jury that the burden of proof is on the prosecution to prove the defendant guilty beyond a reasonable doubt, expose weaknesses in the prosecution’s case, object to unfair and unlawful procedures like illegal searches and coerced confessions, present alternative explanations, and fight to exclude anything that might bias the jury against a defendant.

William Blackstone: “Better that 10 guilty persons escape than one innocent suffer.”

This quote, attributed to English jurist William Blackstone, stands for the proposition that a fair legal system should prioritize protecting innocent people over punishing the guilty. It suggests that the risk of wrongfully punishing even one innocent person is a greater moral and legal failure than allowing multiple guilty people to avoid punishment.

The sentiment was later echoed by Benjamin Franklin, who said “It is better 100 guilty Persons should escape than that one innocent Person should suffer.” Franklin’s version expands on Blackstone’s and emphasizes an even greater caution against wrongful convictions. The presumption of innocence is a foundational principle of the American legal system and is representative of the Enlightenment, which prioritized individual liberty and sought to protect against government overreach.

The Presumption of Innocence Is Part of Due Process

The presumption of innocence is part of the due process guaranteed to every criminal defendant by the Constitution. It means anyone accused of a crime is considered innocent until proven guilty. The 5th Amendment to the US Constitution states that no one will be “deprived of life, property or liberty without following the due process of law.” Due process of law refers to the legal proceedings that protect a person’s legal rights and require that courts and law enforcement officers follow procedural safeguards that protect a person’s freedom.

Can a Person Truly Be Innocent Until Proven Guilty?

The presumption of innocence is not just a legal principle; it is a fundamental human right that protects people from being unjustly punished and ensures everyone receives a fair trial. Its corollary is that the burden of proof lies with the prosecutor, who must present sufficient evidence to prove a defendant guilty beyond a reasonable doubt.

Yet, despite the presumption of innocence and the requirement of proof beyond a reasonable doubt, it is not uncommon for people to assume that if someone was arrested and charged with a crime, they must be guilty. This is especially true in highly-publicized cases where the media can influence a juror’s perception of the defendant’s guilt.

A defense attorney plays a critical role in upholding the presumption of innocence. At trial, a defense attorney will work to identify jurors who may have already formed an opinion about the defendant's guilt. These jurors can be excused from the trial to ensure a fair and impartial jury.

How a Defense Attorney Can Help

Someone accused of a crime is supposed to enjoy the presumption of innocence. But to someone facing criminal charges, it can feel like the police, prosecutors, and even members of the jury assume someone is guilty as soon as they have been arrested.

A criminal defense lawyer holds the prosecution to their burden and requires that they prove every element of their case, beyond a reasonable doubt. And if the prosecutor cannot prove even a single element of the crime, the defense attorney will emphasize that the defendant should be found not guilty and must go free.

Contact Just Criminal Law Today

If you were charged with a crime, the criminal defense team at Just Criminal Law will fight to protect your rights, insist on the presumption of innocence, and hold the prosecution to their burden of proof beyond a reasonable doubt.

Contact our law office today to schedule your personalized case review and strategy session.

DISCLAIMER: The information contained in this article is offered for educational purposes only. This information is not offered as legal advice. A person accused of a crime should always consult with an attorney before making decisions that have legal consequences.