The presumption of innocence, is sometimes referred to by the Latin expression Ei incumbit probatio qui dicit, non qui negat (the burden of proof is on the one who declares, not on one who denies). It is the principle that one is considered innocent unless proven guilty. In many nations, presumption of innocence is a legal right of the accused in a criminal trial. It is also regarded as an international human right under the UN's Universal Declaration of Human Rights, article 11. and International Covenant on Civil and Political Rights, article 14. This places the burden of proof on the prosecution. They have to collect and present enough compelling evidence to convince the trier of fact (a jury or judge) that the accused is guilty beyond reasonable doubt. If reasonable doubt remains, the accused is to be acquitted. Under Justinian Codes and English Common law, the accused is presumed innocent in criminal proceedings. In civil proceedings (like breach of contract) both sides must issue proof. Under Anglo-American Common Law, the accused is always presumed innocent in all types of proceedings. Proof is always the burden of the accuser. Sharia law, also called Islamic Law, is the third least common type of law in the world. It also has a presumption of innocence.[source?]
Reference[change | change source]
- "Ei incumbit probatio qui dicit". The Free Dictionary/ Farlex, Inc. Retrieved 17 October 2015.
- "presumption of innocence". Cornell University Law School. Retrieved 17 October 2015.
- "The Universal Declaration of Human Rights". UDHR The Universal Declaration of Human Rights. Retrieved 17 October 2015.
- "burden of proof". Law.com. Retrieved 17 October 2015.
- "Shariah Law". Helen Ziegler and Associates. Retrieved 17 October 2015.