Presumption of Innocence

Written By: David Mckalip  |  Posted: Tuesday, May 25th, 2010

The US constitution and American case law is rich language in defense of individual liberty against the tyranny of rulers. "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury........nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law" (Amendment 5 - 12/15/1791.) In Coffin vs. United States, 1895, the US Supreme court ruled: "The principle that there is a presumption of innocence in favor of the accused is the undoubted law, axiomatic and elementary, and its enforcement lies at the foundation of the administration of our criminal law." The "Presumption of innocence" has a long tradition in English common law which is the basis for American law. Thus, Sir William Blackstone wrote the words latter echoed by Benjamin Franklin: "For the law holds, that it is better that ten guilty persons escape, than that one innocent suffer." (Commentaries on the Laws of England, 9th ed., book 4, chapter 27, p. 358). The practical demonstration of a presumption of innocence is present in the burden of proof in criminal cases required for conviction: a person must be proven guilty "beyond a reasonable doubt", the highest possible standard.