What Is the Presumption of Innocence?

Certain legal principles form the foundation of the American criminal justice system. One of these is the presumption of evidence. This important legal principle helps ensure that defendants are treated fairly and not automatically assumed to be guilty of the crime they are charged with. Here is what you should know about the presumption of innocence and how it can affect your criminal defense case in Indianapolis. 

The Basics of the Presumption of Innocence

The presumption of evidence means that a person is presumed to be innocent of the charges against them. This critical legal principle serves to protect the rights and liberties of the accused. It can help prevent wrongful convictions that can occur when judges or juries assume that someone who is accused of a crime actually did it. Without this presumption of innocence, factfinders may unfairly condemn the accused regardless of evidence or the circumstances. 

To overcome the presumption of innocence, the prosecution must present evidence beyond a reasonable doubt that the defendant is guilty of the crime they are charged with. This typically requires showing that the defendant had the motive and opportunity to commit a crime. 

Fundamentally, the concept of innocent until proven guilty ensures all criminal defendants receive equal treatment under the law and that decisions that are made in criminal cases are based solely on facts rather than assumptions or biases.

Where the Presumption of Innocence Comes From

The presumption of innocence traces back to Roman law to the quote “proof lies with accuser rather than accused party.” 

The concept also dates to English common law when Sir William Blackstone, an English jurist and justice of the peace, stated that ten guilty men should go free than for one innocent one to suffer unjustly.  

This means that the prosecution bears the burden of proof; they have the responsibility to show that the accused committed the crime and protects defendants from unwarranted punishment. By requiring such a high burden of proof, the justice system ensures people are not punished unjustly based solely on accusations or suspicion. 

Application of the Presumption of Innocence

Here is how the presumption of innocence plays out in a criminal case:

A suspect is arrested for a crime. They are arraigned, where the judge automatically enters a plea of not guilty. Bail is set, potentially on the defendant’s own recognizance. The defendant is assumed to be interested in clearing their name and not fleeing the jurisdiction of the court. 

During the voir dire process, criminal defense lawyers can ask potential jurors whether they’ve heard about the case, if they believe the defendant is guilty, and whether they can presume the defendant’s innocence until proven guilty. If the jurors cannot form a fair opinion free from bias, the defendant’s attorney can seek to have the juror dismissed. 

During the trial, the prosecution presents a case against the defendant. The defendant does not have to testify or present a case in their defense. If the prosecution has failed to meet its burden, 

Contact The Criminal Defense Team for Legal Help 

At The Criminal Defense Team of Baldwin Perry & Wiley PC, we understand that just because you are accused of a crime, that does not mean that you are guilty or that you do not have viable defenses to raise. Call us today at  (317) 743-3295 to discuss your case.