Understanding the Right to Be Presumed Innocent
Legal scholars have argued that the presumption of innocence dates back to the time of Deuteronomy and that the presumption was embodied in the laws of ancient Greek city-states Athens and Sparta. Today the presumption of innocence is a right guaranteed to those prosecuted in the United States. However, the mental process involved in presuming someone innocent is contrary to how we are taught to think on a daily basis.
Why Do We Assume Guilt Instead of Presuming Innocence?
Consider the last time you were driving on Interstate 80 when you observed in the distance the red and blue flash of police lights. As you drove closer you noticed a car had been pulled-over by the State Patrol. What is the first thing that popped into your head? Did you think why did the State Patrol stop that innocent man? Most potential jurors tell me when they see a person stopped on the interstate they assume he was speeding or committing some other law violation. They assume guilt. After all, why would the State Patrol pull-over an innocent member of the motoring public?
Our first reaction to reading about an arrest in the newspaper is that the person arrested must have broken the law. Where there is smoke there is fire. In school we are taught to trust police and call them when we need help. Surely, Officer Friendly, who is charged with the great responsibility of protecting our citizens doesn’t make mistakes. If a police officer provides sworn testimony against a person, that person must be guilty. We want to believe our government would not charge a man with a crime he did not commit. We trust that our public servants do not seek to incarcerate innocent persons.
The Role of the Jury: Presumed Innocent Until Proven Guilty
When a person is on trial, jurors must start with the assumption that the defendant is presumed innocent. The burden of proof rests entirely on the government. This means:
- Jurors must presume that the prosecution, with all its resources, is trying a presumed innocent citizen.
- No inferences can be drawn from the fact that the accused was arrested, charged, or is in court.
- The defendant has no obligation to prove anything, testify, or call witnesses.
If the prosecution fails to eliminate all reasonable doubt, the presumption of innocence remains intact.
Berry Law’s Team Provides You With Multiple Attorney Perspectives
Cross-Examination and the Burden of Proof
Even if the defendant presents no evidence, government witnesses that testify are forced to endure the crucible of cross-examination by the defendant’s attorney who seeks to expose their motives, mistakes, misconceptions, and fabrications.
The Importance of Presuming Innocence
As a society, we value being tough on crime and holding offenders accountable. However, the presumption of innocence exists to ensure that the government is held to the highest legal standard before depriving someone of their liberty.
This legal safeguard protects you, your family, and every citizen from wrongful accusations. Presuming innocence isn’t just a legal requirement—it’s a fundamental part of American justice.
Rely on Berry Law for strong defense representation and protect your rights and reputation.
