NCJ Number
75730
Journal
Pretrial Services Annual Journal Volume: 3 Dated: (1980) Pages: 52-69
Date Published
1980
Length
18 pages
Annotation
The development and rationale for the concept of the presumption of innocence are discussed, and future trends in this area are explored.
Abstract
The concept of innocence in the absence of contrary proof dates back to English common law of the ninth century. Questions about the validity of the innocence presumption revolve around the issues of whether criminals should be allowed to escape through efforts to avoid punishing noncriminals, and the numbers of criminals permitted to escape in relation to the numbers of the innocent. Rationales supporting the concept of innocence presumption include the desirability of placing the burden of proof on the accuser, the belief in the probability of innocence of most persons charged with crime, innocence presumption as an extension of basic humanitarian principles and basic human rights, the need to reduce the substantive and procedural harshness of criminal law, and innocence as an extension of the concept of due process established by the Magna Carta. The presumption of innocence has increasingly been incorporated into statutory law, in the States, the military, and international declarations. The principle appears to be gaining additional support despite the current concern about excess legal system protection for criminals. Footnotes and 72 references are included.