Presumption of innocence facts for kids
The presumption of innocence is a very important idea in law. It means that if someone is accused of a crime, they are considered innocent until it is proven that they are guilty. This idea is sometimes called Ei incumbit probatio qui dicit, non qui negat, which is a Latin phrase meaning "the proof is on the one who says it, not on the one who denies it."
This principle is a basic right for anyone accused in a criminal trial in many countries. It's also seen as an international human right by the United Nations. This means it's a right that all people should have, no matter where they live. You can find it mentioned in the UN's Universal Declaration of Human Rights (Article 11) and the International Covenant on Civil and Political Rights (Article 14).
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What Does it Mean?
The presumption of innocence puts the job of proving guilt on the prosecution. The prosecution is the legal team that tries to show someone committed a crime. They must gather and show enough strong evidence to convince a jury or a judge that the accused person is guilty "beyond reasonable doubt."
Beyond Reasonable Doubt
"Beyond reasonable doubt" means that the evidence is so strong that there is no sensible reason to believe the person is innocent. If there is still a reasonable doubt in the minds of the jury or judge, then the accused person must be found not guilty, or acquitted. This means they are set free.
History of This Idea
The idea of being innocent until proven guilty has been around for a long time. It was part of old legal systems like the Justinian Codes and English Common Law. In these systems, if someone was accused of a crime, they were always assumed to be innocent.
Who Has to Prove It?
In criminal cases, the person accusing someone (the prosecution) always has the job of proving guilt. The accused person does not have to prove their innocence. This is different from some other types of legal cases, like when two people argue over a contract. In those cases, both sides might need to show proof.
Around the World
The presumption of innocence is a widely accepted idea. Even Sharia law, which is also known as Islamic Law, includes this principle. It shows how important this idea is for fair trials in many different parts of the world.
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Sir William Garrow was a judge who helped make the idea of "presumed innocent until proven guilty" more common. He believed that accusers and their evidence should be carefully checked in court.
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Article 48 of the Charter of Fundamental Rights of the European Union also says that people have the right to be presumed innocent.
See also
In Spanish: Principio de presunción de inocencia para niños
