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In other words, unless the prosecutor can prove you committed the crime, you are entitled to be acquitted or found “not guilty”. One way that it protects accused individuals is by preventing them from having to prove their innocence. Not only does the prosecutor have to … A 'presumption of innocence' is required of a judge and/or jury when trying a criminal matter.
The presumption of innocence seems easily forgotten in the so-called “court of public opinion”. Basically it means that if you are accused of a crime, you don’t have to prove you are innocent. When high profile criminal cases capture media attention, the public opinion seems to sway towards presuming the person is guilty – before he even steps foot inside a courtroom to have a judge or jury determine whether or not he is guilty. The presumption of innocence has been described as a “golden thread” running through criminal law. The presumption that accused individuals are innocent until proven guilty serves as an important protection in many ways. If accused individuals had to prove their innocence, it could lead to prosecutorial abuses and an abundance of charges the accused individual would have to disprove. The presumption of innocence is an important part of our criminal law system. In the past it was very important but with the advent of sensationalized media activities and social media all that has changed. Instead, it is the job of the prosecutor to prove you are guilty. Shape Created with Sketch. Now the suspects (victims?)
are plastered in all media and it seems that in many cases it is trial by media. It is a norm of customary international law and is protected by numerous international treaties and in national legal systems.
The presumption of innocence is one of the basic tenets of our legal system, but its particular use within public discourse about sexual assault should give us pause.
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