Doctrines
Presumption of Innocence
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Origin Traceable in principle to Roman law; articulated as a modern civil right in Article 9 of the French Declaration of the Rights of Man and of the Citizen (1789).
The presumption of innocence is the principle that a person accused of a crime is considered innocent until proven guilty, placing the burden of proof on the prosecution rather than requiring the accused to prove their own innocence. It is traceable in principle to a Roman law maxim that the burden of proof rests on the one who asserts, not the one who denies, and it was articulated as a modern civil right in Article 9 of the French Declaration of the Rights of Man and of the Citizen (1789). It is now recognized across common law, civil law and most mixed legal systems, and is enshrined in international instruments including Article 11 of the Universal Declaration of Human Rights (1948) and Article 14 of the International Covenant on Civil and Political Rights (1966).
Facts
Origin PeriodTraceable in principle to Roman law; articulated as a modern civil right in Article 9 of the French Declaration of the Rights of Man and of the Citizen (1789). 1 Core PrincipleAn accused person is presumed innocent unless and until guilt is proven, with the burden of proof on the prosecution. 1 Cross-Tradition Connections
In Legal System
Named here for its documented Roman law and French Revolutionary lineage, the doctrine own historical origin point. It is equally recognized in common law systems, where it is treated as a foundational right of criminal procedure.
Equally foundational to common law criminal procedure, though the doctrine own documented historical origin traces to Roman law and the French Revolutionary tradition, recorded on its civil law edge.
Sources
1. Black's Law Dictionary
Bryan A. Garner, editor; founded by Henry Campbell Black, Thomson Reuters
Presumption of Innocence (Wikipedia)
WikipediaLead section, definitionQuote, Lead section, definition
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).
Major Legal Systems in the World Today
Rene David and John E.C. Brierley, Stevens and Sons, 1985In Legal System: Civil Law
Major Legal Systems in the World Today
Rene David and John E.C. Brierley, Stevens and Sons, 1985In Legal System: Common Law
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