The Presumption of Innocence: What Is It All About?

Common law provides the victim and even the accused with some rights so that they may prove themselves before the court. They both face trial, with the victim being the offended, while the accused being the offender, to prove the guilt or innocence of the accused. If found guilty, he or she has to face charges depending on the nature and magnitude of the crime. He or she might be subjected to pay damages, face jail term or go to prison for life, and even face the death penalty.

The Presumption of Innocence

A person who has been accused of any crime is presumed innocent until proven otherwise by the judge or jury. This art is termed as ‘The Presumption of Innocence’. It is one of the most basic human rights existing within the criminal justice system.

This right may be looked at from many different angles, including the fact that the accused not having to prove his or her innocence but rather leave the responsibility with the government lawyer (the prosecutor) to convince or prove to the jury or judge that the crime was committed by the accused.  These prosecutors are officially referred to as “criminal and penal prosecuting attorneys”.

In murder cases, for instance, the prosecutor must prove, “beyond a reasonable doubt”, that the perpetrator is guilty. The accused will be acquitted or found ‘not guilty’ of the crime if the prosecutor fails to produce enough evidence by the end of the trial or if the jury or judge still possess some reasonable doubt as to whether the crime was really committed by the accused.

The jury and judge need to be fair. They must not prejudice against the accused during the proceedings. In this regard, a judge must not be involved in cases where his or her family member is the victim, as this would mean unfair judgment due to conflict of interest. In cases where there seems to be fair judgment and yet the case still involves a judge’s family member as the victim and the accused is found guilty at the end of the trial, it will still be seen as an injustice by the audience.

The accused still gets to enjoy some rights, such as the right to information of evidence tabled against him or her. The accused has a right of representation by a lawyer from the onset to the end of the trial. He or she also has the right to language interpretation in case of a language barrier. The accused enjoys these rights granted by the common law.

The presumption of innocence as a right enjoyed by the accused has made it easier for both the victim and the accused to get justice, as the accused must be proven guilty before being convicted, which makes it easier for ‘set up victims’ who happen to be wrongfully accused to find justice as well. In civil cases, the proceedings and trial will enable the court to establish the extent of damage caused by the accused, thereby ensuring proper compensation packages are given to victims.