Presumption of innocence - wikipedia Presumption of innocence Criminal procedure Criminal trials and convictions Rights of the accused Fair trial Pre-trial Speedy trial Jury trial Counsel Presumption of innocence Exclusionary rule Self - incrimination Double jeopardy Verdict Conviction Acquittal Not proven Directed verdict Sentencing Mandatory Suspended Custodial Discharge Guidelines Totality Dangerous offender Capital punishment Execution warrant Cruel and unusual punishment Imprisonment Life imprisonment Indefinite imprisonment Post-sentencing Parole Probation Tariff Life licence Miscarriage of justice Exoneration Pardon Sex offender registration Sexually violent predator legislation Related areas of law Criminal defenses Criminal law Evidence Civil procedure Portals Law Criminal justice US courts Not in English / Welsh courts Scottish courts English / Welsh courts Canadian courts UK courts The presumption of innocence is the principle that one is considered innocent unless proven guilty. It was traditionally expressed by the Latin maxim ei incumbit probatio qui dicit, non qui negat ( `` the burden of proof is on the one who declares, not on one who denies '' ). In many states, presumption of innocence is a legal right of the accused in a criminal trial, and it is an international human right under the UN 's Universal Declaration of Human Rights, Article 11. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must collect and present compelling evidence to the trier of fact. The trier of fact ( a judge or a jury ) is thus restrained and ordered by law to consider only actual evidence and testimony presented in court. The prosecution must, in most cases prove that the accused is guilty beyond reasonable doubt. If reasonable doubt remains, the accused must be acquitted. Under the Justinian Codes and English common law, the accused is presumed innocent in criminal proceedings, and in civil proceedings ( like breach of contract ) both sides must issue proof. Contents 1 History 1.1 Roman law 1.2 Islamic law 1.3 Middle Ages in Europe 1.4 Civil law 2 Meaning 3 The fundamental right 4 Modern practices 5 See also 6 Notes 7 References 8 External links History Roman law The sixth century Digest of Justinian ( 22.3. 2 ) provides, as a general rule of evidence : Ei incumbit probatio qui dicit, non qui negat -- `` Proof lies on him who asserts, not on him who denies ''. It is there attributed to the second and third century jurist Paul. It was introduced in Roman criminal law by emperor Antoninus Pius. Islamic law Similar to that of Roman Law, Islamic law also holds the principle that the onus of proof is on the accuser or claimant based on a hadith documented by Imam Nawawi. ' Suspicion ' is also highly condemned, this also from a hadith documented by Imam Nawawi as well as Imam Bukhari and Imam Muslim. After the time of Muhammad, the fourth Caliph Ali ibn Abi Thalib has also been cited to say ' Avert the prescribed punishment by rejecting doubtful evidence. ' Middle Ages in Europe After the fall of the Roman Empire, Europe fell back on feudal law. This included some Germanic customs, including presumed guilt. The accused could prove his innocence by having, for example, twelve people swear that he could not have done what he was accused of. This tended to favor the nobility over the lower classes. '' Civil law The maxim or its equivalent has been adopted by many civil law systems, including Brazil, China, France, Italy, Philippines, Poland, Romania and Spain. Meaning Sir William Garrow coined the phrase `` presumed innocent until proven guilty '', insisting that defendants ' accusers and their evidence be thoroughly tested in court `` Presumption of innocence '' serves to emphasize that the prosecution has the obligation to prove each element of the offense beyond a reasonable doubt ( or some other level of proof depending on the criminal justice system ) and that the accused bears no burden of proof. This is often expressed in the phrase innocent until proven guilty, coined by the English lawyer Sir William Garrow ( 1760 -- 1840 ). Garrow insisted that accusers be robustly tested in court. An objective observer in the position of the juror must reasonably conclude that the defendant almost certainly committed the crime. The presumption of innocence was originally expressed by the French cardinal and jurist Jean Lemoine in the phrase `` item quilbet presumitur innocens nisi probetur nocens ( a person is presumed innocent until proven guilty ) '', based on the legal inference that most people are not criminals. However, this referred not merely to the fact that the burden of proof rests on the prosecution in a criminal case, but the protections which a defendant should be given - prior notice of the accusation being made against them, the right of confrontation, right to counsel, etc. It is literally considered favorable evidence for the accused that automatically attaches at trial. It requires that the trier of fact, be it a juror or judge, begin with the presumption that the state is unable to support its assertion. To ensure this legal protection is maintained a set of three related rules govern the procedure of criminal trials. The presumption means : With respect to the critical facts of the case -- whether the crime charged was committed and whether the defendant was the person who committed the crime -- the state has the entire burden of proof. With respect to the critical facts of the case, the defendant does not have any burden of proof whatsoever. The defendant does not have to testify, call witnesses or present any other evidence, and if the defendant elects not to testify or present evidence, this decision can not be used against them. The jury or judge is not to draw any negative inferences from the fact the defendant has been charged with a crime and is present in court and represented by an attorney. They must decide the case solely on evidence presented during the trial. This duty on the prosecution was famously referred to as the `` golden thread '' in the criminal law by Lord Sankey LC in Woolmington v DPP : Throughout the web of the English criminal law one golden thread is always to be seen -- that it is the duty of the prosecution to prove the prisoner 's guilt subject to what I have already said as to the defence of insanity and subject also to any statutory exception... The Fundamental right This right is so important in modern democracies, constitutional monarchies and republics that many have explicitly included it in their legal codes and constitutions : The Universal Declaration of Human Rights, article 11, states : `` Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence. ''. The Convention for the Protection of Human Rights and Fundamental Freedoms of the Council of Europe says ( art. 6.2 ) : `` Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law ''. This convention has been adopted by treaty and is binding on all Council of Europe members. Currently ( and in any foreseeable expansion of the EU ) every country member of the European Union is also member to the Council of Europe, so this stands for EU members as a matter of course. Nevertheless, this assertion is iterated verbatim in Article 48 of the Charter of Fundamental Rights of the European Union. In Canada, section 11 ( d ) of the Canadian Charter of Rights and Freedoms states : `` Any person charged with an offence has the right to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal ''. In the Colombian constitution, Title II, Chapter 1, Article 29 states that `` Every person is presumed innocent until proven guilty according to the law ''. In France, article 9 of the Declaration of the Rights of Man and of the Citizen 1789, which has force as constitutional law, begins : `` Any man being presumed innocent until he has been declared guilty... ''. The Code of Criminal Procedure states in its preliminary article that `` any person suspected or prosecuted is presumed innocent for as long as their guilt has not been established '' and the jurors ' oath repeats this assertion ( article 304 ). However, there exists a popular misconception that under French law, the accused is presumed guilty until proven innocent. In Iran, Article 37 of the Constitution of the Islamic Republic of Iran states : `` Innocence is to be presumed, and no one is to be held guilty of a charge unless his or her guilt has been established by a competent court ''. In Italy, the second paragraph of Article 27 of the Constitution states : `` A defendant shall be considered not guilty until a final sentence has been passed. '' In Romania, article 23 of the Constitution states that `` any person shall be presumed innocent until found guilty by a final decision of the court. '' The Constitution of Russia, in article 49, states that `` Everyone charged with a crime shall be considered not guilty until his or her guilt has been proven in conformity with the federal law and has been established by the valid sentence of a court of law ''. It also states that `` The defendant shall not be obliged to prove his or her innocence '' and `` Any reasonable doubt shall be interpreted in favor of the defendant ''. In the South African Constitution, section 35 ( 3 ) ( h ) of the Bill of Rights states : `` Every accused person has a right to a fair trial, which includes the right to be presumed innocent, to remain silent, and not to testify during the proceedings. '' Although the Constitution of the United States does not cite it explicitly, presumption of innocence is widely held to follow from the 5th, 6th, and 14th amendments. The case of Coffin v. United States ( 1895 ) established the presumption of innocence of persons accused of crimes. See also In re Winship. In New Zealand, the New Zealand Bill of Rights 1990 provides inter alia at section 25 ( c ) `` Everyone who is charged with an offence has, in relation to the determination of the charge, the following minimum rights : ( c ) the right to be presumed innocent until proved guilty according to law '' Modern practices This section contains weasel words : vague phrasing that often accompanies biased or unverifiable information. Such statements should be clarified or removed. ( May 2014 ) Article 48 of the Charter of Fundamental Rights of the European Union affirms the right to the presumption of innocence Some legal systems have employed de jure presumptions of guilt, such as at an order to show cause criminal proceeding. Otherwise, accusations of presumption of guilt generally do not imply an actual legal presumption of guilt, but rather denounce failures to ensure that suspects are treated well and are offered good defence conditions. Typical infringements could include : Suspects held at Guantanamo Bay have been detained for long periods while inquiries proceed. Such long imprisonment constitutes, in practice, a hardship and a punishment for the suspect, even though they have not been sentenced. ( See speedy trial ) Courts may prefer the testimonies of persons of certain class, status, ethnicity, sex, or economic or political standing over those of others, regardless of actual circumstances. Until relatively recently, it was common for the justice system to have suspects tortured to extract confessions from them, since circumstantial evidence was rarely analyzed or admitted in those times. Although in the west this practice has generally been disallowed in the more recent past, except during 20th - century fascist governments, there have been attempts to introduce evidence obtained from suspects tortured elsewhere. In the United Kingdom changes have been made affecting this principle. Defendants ' previous convictions may in certain circumstances be revealed to juries. Although the suspect is not compelled to answer questions after formal arrest, failure to give information may now be prejudicial at trial. Statute law also exists which provides for criminal penalties for failing to decrypt data on request from the Police. If the suspect is unwilling to do so, it is an offence. Citizens can therefore be convicted and imprisoned without any evidence that the encrypted material was unlawful. Furthermore, in sexual offence cases such as rape, where the sexual act has already been proved beyond reasonable doubt, there are a limited number of circumstances where the defendant has an obligation to adduce evidence that the complainant consented to the sexual act, or that the defendant reasonably believed that the complainant was consenting. These circumstances include, for example, where the complainant was unconscious, unlawfully detained, or subjected to violence. Scottish law provides for a third verdict : `` not proven. '' In some jurisdictions, state - funded defences may not match the quality of state - funded prosecutions. Further, where a defendant funds his or her own defence, the cost is borne solely by the individual, whereas the burden of funding a prosecution is collectively borne by the state. Individual defence resources in finances, information, equipment, expertise, research, and personnel may not match the resources of a government, especially if the defendant is imprisoned. Guaranteeing the presumption of innocence extends beyond the judicial system. For instance, in many countries journalistic codes of ethics state that journalists should refrain from referring to suspects as though their guilt is certain. For example, they use `` suspect '' or `` defendant '' when referring to the suspect, and use `` alleged '' when referring to the criminal activity that the suspect is accused of. Failure to adhere to these practices may result in lawsuits in the event that the suspect is cleared of wrongdoing. More subtly, publishing of the prosecution 's case without proper defence argumentation may in practice constitute presumption of guilt. Publishing a roster of arrested suspects may constitute undeserved punishment as well, since in practice it damages the reputation of innocent suspects. Private groups fighting certain abuses may also apply similar tactics, such as publishing the real name, address, and phone number of suspects, or even contacting the suspects ' employer, friends and neighbors. Modern practices aimed at curing social ills may run against presumption of innocence. Some civil rights organizations, such as the Canadian Civil Liberties Association consider pre-employment drug testing, while legal, as violating this principle, as potential employees are presumed to be users of illegal drugs, and must prove themselves innocent through the test. Similarly, critics argue that prevailing policies of zero tolerance toward sexual harassment or racial discrimination show a strong presumption of guilt. These dispositions were meant to ease the burden of proof on the victim, since in practice harassment or discrimination practices are hard to prove. Civil rights activists note that the well - meaning practices so adopted may have a deleterious effect on justice being served. Consider the use of a screen in sexual assault cases, which is set up to prevent the complainant from being distressed at the sight of the accused. Where a victim was in fact victimized by the accused, this may be argued to serve the principles of therapeutic justice. But, on the other hand, how does it affect matters if the accused is innocent ? Does it influence how other people viewing the situation perceive the accused ? See also Blackstone 's formulation Due process Habeas corpus Null hypothesis Presumption of guilt Rebuttable presumption Right to a fair trial Right to silence Trial by media Presumption of supply in New Zealand Notes Jump up ^ `` Digesta seu Pandectae 22.3. 2 ''. Grenoble : Université Pierre - Mendés - France. Retrieved 2010 - 10 - 13. Jump up ^ Watson, Alan, ed. ( 1998 ) ( 1985 ). `` 22.3. 2 ''. The Digest of Justinian. Philadelphia : University of Pennsylvania Press. ISBN 0 - 8122 - 1636 - 9. Jump up ^ See Bury, p. 527 Jump up ^ Imam Nawawi. 1977. An - Nawawi 's Forty Hadith ( Second Edition English Translation by Ezzedin Ibrahim ). Damascus : Holy Koran Pub. House, Hadith No. 33 Jump up ^ Riyaadus Shaaliheen, Hadith No. 1573 Jump up ^ Sahih Al - Bukhari ( English Version ), Vol. 8, Book 73, Hadith 90 Jump up ^ Sahih Muslim ( English Version ), Book 32, Hadith 6214 Jump up ^ Imam ibn Hajar 's Bulugh al - Maram ( English Version ), Book 10, Hadith 1260 Jump up ^ `` Law in the Middle Ages ''. The Finer Times. Retrieved January 16, 2018. Jump up ^ Decree - Law 3689 date = August 2012 Jump up ^ CRIMINAL PROCEDURE LAW OF THE PEOPLE 'S REPUBLIC OF CHINA date = August 2001 ^ Jump up to : Code de procédure pénale, article préliminaire ( in French ) Jump up ^ `` ForoEuropo Italia ''. Foroeuropeo.it. Archived from the original on 2010 - 06 - 11. Retrieved 2010 - 10 - 13. Jump up ^ `` Assomedici.It ''. Assomedici.It. 1993 - 01 - 29. Retrieved 2010 - 10 - 13. Jump up ^ People vs. Masalihit, decision of the Supreme Court of The Philippines Archived 2007 - 09 - 29 at the Wayback Machine. Jump up ^ `` National Constitutional Law Related to Article 48 -- Presumption of Innocence and Right to Defence ''. European Union Agency for Fundamental Rights. Archived from the original on 2012 - 07 - 11. Retrieved 2011 - 05 - 16. Jump up ^ `` Constitution of Romania, Article 23 ''. Retrieved 2013 - 06 - 13. Jump up ^ Valentin Anders ( 2010 - 09 - 08 ). `` Latin legal maxims in Spanish ''. Latin.dechile.net. Retrieved 2010 - 10 - 13. ^ Jump up to : Mueller, Christopher B. ; Laird C. Kirkpatrick ( 2009 ). Evidence ; 4th ed. Aspen ( Wolters Kluwer ). ISBN 978 - 0 - 7355 - 7968 - 2. pp. 133 -- 34. Jump up ^ Moore, Christopher ( 1997 ). The Law Society of Upper Canada and Ontario 's lawyers, 1797 -- 1997. University of Toronto Press. ISBN 0 - 8020 - 4127 - 2. Jump up ^ Rembar, Charles ( 1980 ). The Law of the Land. New York : Simon & Schuster. ^ Jump up to : Words and Phrases 1914, p. 1168 Jump up ^ Innocent Until Proven Guilty : The Origins of a Legal Maxim Kenneth Pennington A Ennio Cortese ( 3 Volumes. Roma : Il Cigno Galileo Galilei Edizioni, 2001 ) Jump up ^ Coffin v. United States, 156 U.S. 432 ( 1895 ) `` the presumption of innocence is evidence in favor of the accused, introduced by the law in ( their ) behalf '' Jump up ^ Code de procédure pénale, article 304 ( in French ). Jump up ^ Davis, Michael H. ( 23 May 1992 ). `` French Law Presumes Accused Innocent ''. New York Times. Retrieved 10 May 2017. Jump up ^ `` The Italian Constitution '' ( PDF ). The official website of the Presidency of the Italian Republic. Archived from the original on 2016 - 11 - 27. Jump up ^ New Zealand Bill of Rights Act 1990 No 109 ( as at 01 July 2013 ), Public Act 25 Minimum standards of criminal procedure -- New Zealand Legislation Jump up ^ `` OPSI.gov.uk ''. OPSI.gov.uk. Retrieved 2010 - 10 - 13. Jump up ^ `` legislation.gov.uk ''. legislation.gov.uk. Retrieved 2011 - 04 - 27. Jump up ^ `` Drug Testing : A Bad Investment '' ( PDF ). American Civil Liberties Union. 1999. Retrieved 2014 - 05 - 08. Jump up ^ `` Law.arizona.edu ''. Law.arizona.edu. Retrieved 2010 - 10 - 13. References `` Judicial and Statutory Definitions of Words and Phrases ''. St. Paul : West Publishing Co. 1914. Bury, J.B. ( 1893 ). A History of the Roman Empire from its Foundation to the Death of Marcus Aurelius. External links The Presumption of Innocence in the French and Anglo - American Legal Traditions The History of Presumed Innocence The effects of presuming innocence Substantive human rights Note : What is considered a human right is controversial and not all the topics listed are universally accepted as human rights. Civil and political Cannabis rights Equality before the law Freedom from arbitrary arrest and detention Freedom of assembly Freedom of association Freedom from cruel and unusual punishment Freedom from discrimination Freedom from exile Freedom of information Freedom of movement Freedom of religion Freedom from slavery Freedom of speech Freedom of thought Freedom from torture Legal aid Liberty LGBT rights Nationality Personhood Presumption of innocence Right of asylum Right to die Right to a fair trial Right to family life Right to keep and bear arms Right to life Right to petition Right to privacy Right to protest Right to refuse medical treatment Right of self - defense Security of person Universal suffrage Economic, social and cultural Digital rights Equal pay for equal work Fair remuneration Labor rights Right to an adequate standard of living Right to clothing Right to development Right to education Right to food Right to health Right to housing Right to Internet access Right to property Right to public participation Right of reply Right of return Right to science and culture Right to social security Right to water Right to work Trade union membership Sexual and reproductive Abortion Family planning Freedom from involuntary female genital mutilation Intersex human rights LGBT rights Reproductive health Right to sexuality Violations Corporal punishment War and conflict Civilian Combatant Freedom from genocide Prisoner of war Wartime sexual violence Miscarriage of justice Types of misconduct Prosecutorial misconduct Police misconduct Selective prosecution Malicious prosecution Selective enforcement Abuse of process Attorney misconduct Abuse of discretion Entrapment False arrest Gaming the system Legal malpractice Kangaroo court Sharp practice Jury tampering Witness tampering Brady disclosure Spoliation of evidence False evidence Forced confession False accusation of rape False allegation of child sexual abuse Police perjury False accusation Mistaken identity Eyewitness memory Misinformation effect Tampering with evidence Wrongful convictions List of wrongful convictions in the United States List of exonerated death row inmates Miscarriage of justice List of miscarriage of justice cases Overturned convictions in the United States Wrongful execution Advocacy Innocence Project National Registry of Exonerations Investigating Innocence Related concepts Legal ethics Exculpatory evidence Right to a fair trial Race in the United States criminal justice system Capital punishment in the United States Innocent prisoner 's dilemma Racial profiling Loophole Ineffective assistance of counsel Show trial Actual innocence Cross-race effect Eyewitness memory Eyewitness identification Equal Protection Clause Batson v. Kentucky List of United States death row inmates Prosecutor 's fallacy Innocence Protection Act Retrieved from `` https://en.wikipedia.org/w/index.php?title=Presumption_of_innocence&oldid=863642324 '' Categories : Criminal procedure Legal doctrines and principles Doubt Human rights Hidden categories : Articles with French - language external links Webarchive template wayback links Articles with weasel words from May 2014 All articles with specifically marked weasel - worded phrases Articles with specifically marked weasel - worded phrases from July 2012 Articles with specifically marked weasel - worded phrases from October 2016 All articles with unsourced statements Articles with unsourced statements from March 2017 Articles with unsourced statements from August 2014 Talk Contents About Wikipedia Afrikaans Azərbaycanca Беларуская Български Català Čeština Dansk Deutsch Eesti Español فارسی Français Galego 한국어 Հայերեն Bahasa Indonesia Italiano עברית Кыргызча Latina Lietuvių Magyar Nederlands 日本 語 Occitan Oʻzbekcha / ўзбекча Polski Português Română Русский Shqip Simple English Slovenčina Suomi Svenska Татарча / tatarça Türkçe Українська Tiếng Việt 粵語 中文 33 more Edit links This page was last edited on 12 October 2018, at 02 : 07 ( UTC ). Text is available under the Creative Commons Attribution - ShareAlike License ; additional terms may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia ® is a registered trademark of the Wikimedia Foundation, Inc., a non-profit organization. About Wikipedia

Question: where did the phrase innocent until proven guilty come from
Answer: English lawyer Sir William Garrow