Presumption of innocence
A person is presumed innocent until proven guilty.
The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Under this principle, the legal burden of proof is on the prosecution, which must present compelling evidence to the trier of fact, and if the prosecution does not prove the charges true, the person is acquitted. It is a legal right of the accused in criminal trials under many legal systems, including common law and civil law systems, and is also an international human right under the UN's Universal Declaration of Human Rights, Article 11.
The principle has deep historical roots. In Roman law, the sixth-century Digest of Justinian recorded a general rule of evidence attributed to the jurist Julius Paulus: proof lies on the one who asserts, not on the one who denies. This maxim was introduced into Roman criminal law by Emperor Antoninus Pius and later adopted by many civil law systems derived from ancient Roman law, including those of Brazil, China, France, Italy, the Philippines, Poland, Romania, and Spain. In Talmudical law, every person is considered innocent until proven guilty, with protections for the accused in early trial stages only waived once guilt becomes apparent. Islamic law also holds the presumption of innocence as fundamental, based on a hadith documented by Imam Nawawi, emphasizing that the onus of proof is on the accuser and condemning suspicion. The fourth Caliph Ali ibn Abi Talib is cited as saying to avert prescribed punishment by rejecting doubtful evidence.
After the Western Roman Empire collapsed, medieval European feudal law often presumed guilt, with practices like compurgation, where an accused could have twelve people swear to their innocence, favoring the nobility. Trials by ordeal were common from the sixth century until the early thirteenth century, when Pope Innocent III forbade them at the Fourth Lateran Council. In the early thirteenth century, Louis IX of France banned trials by ordeal and introduced the presumption of innocence to criminal procedures, though institutional torture later persisted until the French Revolution. The phrase "presumed innocent until proven guilty" was coined by British barrister Sir William Garrow during an 1791 trial at the Old Bailey, insisting that accusers be thoroughly tested in court. The concept was described in 1935 by the English Court of Appeal in *Woolm
- field
- Law
- known_for
- Legal principle that every accused person is innocent until proven guilty
- earliest_expression
- By French cardinal and canonical jurist Jean Lemoine: 'item quilbet presumitur innocens nisi probetur nocens'
- ancient_origin
- Roman law maxim 'Ei incumbit probatio qui dicit, non qui negat' from the Digest of Justinian (22.3.2)
Lore & Background
The principle has deep historical roots. In Roman law, the sixth-century Digest of Justinian provides the rule 'Proof lies on him who asserts, not on him who denies,' attributed to the jurist Julius Paulus and introduced in Roman criminal law by emperor Antoninus Pius. This maxim has been adopted by many civil law countries, including Brazil, China, France, Italy, Philippines, Poland, Romania and Spain. Talmudical law holds that 'every man is innocent until proved guilty,' and Islamic law also strongly holds the presumption of innocence, based on a hadith documented by Imam Nawawi, with the fourth Caliph Ali ibn Abi Talib cited as saying 'Avert the prescribed punishment by rejecting doubtful evidence.'
Reader's Guide
The presumption of innocence is a cornerstone of modern criminal justice, ensuring that the prosecution bears the entire burden of proof and that the accused has no obligation to testify or present evidence. It is considered a fundamental right in many democracies, constitutional monarchies, and republics, explicitly included in legal codes and constitutions. The principle is enshrined in the Universal Declaration of Human Rights (Article 11), the International Covenant on Civil and Political Rights (Article 14), and the Convention for the Protection of Human Rights and Fundamental Freedoms of the Council of Europe (Article 6.2). In English law, it was famously described by Lord Sankey LC in Woolmington v DPP as 'the golden thread' running through the web of English criminal law. The principle requires that the trier of fact begin with the presumption that the state is unable to support its assertion, and that no negative inferences be drawn from the fact the defendant has been charged. Its significance lies in protecting the accused from wrongful conviction and ensuring a fair trial.
Did You Know?
- The Roman legal maxim 'Ei incumbit probatio qui dicit, non qui negat' ('Proof lies on him who asserts, not on him who denies') is attributed to the jurist Julius Paulus.
- Louis IX of France banned all trials by ordeal and introduced the presumption of innocence to criminal procedures in the early 13th century.
Frequently Asked Questions
What is the presumption of innocence in simple terms?
It is a core legal principle holding that anyone charged with a crime must be treated as not guilty until a court establishes guilt through the prosecution's evidence. Rather than forcing the accused to prove their own innocence, it places the entire obligation to demonstrate guilt on the state.
Where does the presumption of innocence originate historically?
Its roots go back to Roman law, specifically the maxim 'Ei incumbit probatio qui dicit, non qui negat' recorded in Justinian's Digest (22.3.2), which assigned the duty of proof to whoever makes a claim. A later, more explicit articulation came from French cardinal and canonical jurist Jean Lemoine, who stated that a person is presumed innocent unless proven otherwise.
Who carries the burden of proof under the presumption of innocence?
The prosecution must present compelling evidence to the judge or jury to establish the charges against the accused. The defendant never has to demonstrate their own innocence; if the state's case falls short, the accused is acquitted.
Is the presumption of innocence recognized only in one country's legal system?
No—it is a recognized legal right in both common law and civil law jurisdictions worldwide. It is also codified as an international human right in Article 11 of the UN's Universal Declaration of Human Rights.
What is the practical effect of the presumption of innocence at the end of a trial?
It means the accused begins from a position of innocence, and the only route to a conviction is the prosecution's affirmative proof of guilt. If the evidence presented is insufficient or unconvincing, the default legal outcome is acquittal rather than a guilty verdict.
More in Government And Law 1-21
Spotted an error? Know more?
This is a living reference — every entry is fact-audited, and reader corrections feed straight into our audit queue. Suggest an edit · See this site's audit record