Difference between revisions of "Presumption of Innocence"

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== International Sources ==
 
== International Sources ==
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==Background==
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The presumption of innocence is one of the most important trial rights. This presumption remains in effect until the defendant is pronounced guilty by a factfinder. The right to be presumed innocent creates a high burden of proof for the prosecution. As a result of this presumption accused persons should be, except in exceptional circumstances, separated from convicted persons.
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A lawyer should always keep the presumption of innocence in mind when representing a client. If a jurisdiction attempts to reverse or minimize the presumption of innocence, a lawyer must challenge the constitutionality or legitimacy of that provision.
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Counsel should attempt to anticipate weaknesses in the prosecution's proof and consider researching and preparing corresponding motions for judgment of acquittal if the prosecution fails to produce evidence on any element of a crime. In deciding on a defense strategy, the lawyer should consider (with accused) whether the client's interests are best served by not putting on a defense case, and instead relying on the prosecution's failure to meet its constitutional burden of proving each element beyond a reasonable doubt. Finally, the lawyer should enter a plea of not guilty in all but the most extraordinary circumstances where a sound tactical reason exists for not doing so.
  
 
===International Covenant on Civil and Political Rights===
 
===International Covenant on Civil and Political Rights===

Revision as of 16:57, 17 July 2010