Litigation Law

Presumption of Innocence

The foundational principle that an accused person is treated as innocent unless and until proven guilty by the prosecution in a fair trial.

Every person accused of a crime is presumed innocent from the outset, and it is entirely on the prosecution to overcome that presumption with sufficient, credible evidence — the accused is not required to prove their own innocence.

This principle underlies many procedural protections in criminal law, including the standard of "beyond reasonable doubt" and the general availability of bail pending trial.

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