First, the presumption is not a true presumption at all.
[1] An objective observer in the position of the juror would reasonably conclude that the defendant probably committed the crime.
[2] The observable facts clearly support such an inference - the defendant has been charged with a crime, is present in court, represented by an attorney and all the participants in a criminal trial are also present and ready to proceed.
[3]
The presumption of innocence is in fact a legal instrument created by the law to favor the accused based on the legal inference that most people are not criminals.
[4] It is literally considered favorable evidence for the accused that automatically attaches at trial.
[5] 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.
[4] To ensure this legal protection is maintained a set of three related rules govern the procedure of criminal trials. The presumption means:
[1]
- 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 cannot 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.
The concept of innocent until proven guilty refers to legal, as opposed to factual guilt. In every case, the defendant either committed the offence or did not, a fact that remains true regardless of whether the jury acquits or convicts. The phrase means simply that a person is not legally guilty until a jury returns a verdict of guilty, which is little more than a tautology.
