Difference between revisions of "Presumption of Innocence"

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'''Table of Contents'''
 
'''Table of Contents'''
  
===Rights with Police ===
+
== Rights/ Protections from Police ==
 
* [[Arrest]]
 
* [[Arrest]]
 +
* [[Confessions]]
 +
* [[Pretrial Identification]]
 +
* [[Right to Counsel]]
 
* [[Right to Silence]]
 
* [[Right to Silence]]
 
* [[Search and Seizure]]
 
* [[Search and Seizure]]
* [[Right to Counsel]]
 
* [[Confessions]]
 
* [[Pretrial Identification]]
 
  
===Rights at Detention===
+
== Rights during Detention ==
 +
* [[Freedom from Punishment]]
 
* [[Right to Counsel]]
 
* [[Right to Counsel]]
 
* [[Right to Habeas Corpus]]
 
* [[Right to Habeas Corpus]]
* [[Right to be free of punishment]]
 
 
* Right to medical care
 
* Right to medical care
  
===Rights at Trial===
+
== Rights at Trial ==
* [[Right to a Fair Trial]]
+
* [[Double Jeopardy]]
* [[Right to Notice of Charges]]
+
* [[Legality Principle]]
* Right to Trial by Jury
+
* [[Presumption of Innocence]]
 
* [[Right to Compulsory Process]]
 
* [[Right to Compulsory Process]]
 
* [[Right to Confront Witnesses]]
 
* [[Right to Confront Witnesses]]
 +
* [[Right to Counsel (Trial)| Right to Counsel]]
 +
* [[Right to Fair Trial]]
 +
* [[Right to Notice of Charges]]
 
* [[Right to a Speedy Trial]]
 
* [[Right to a Speedy Trial]]
* [[Right to Counsel (Trial)| Right to Counsel]]
+
* Right to Trial by Jury
* [[Presumption of Innocence]]
 
* [[Double Jeopardy]]
 
 
 
===Sentencing===
 
  
* Right to sentence free of torture
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== Sentencing ==
* [[Right to sentence without cruel or unusual punishment]]
 
 
* [[Death Sentence]]
 
* [[Death Sentence]]
* Right to fines that are not excessive
 
 
* [[Ex Post Facto Punishment]]
 
* [[Ex Post Facto Punishment]]
 +
* [[Freedom from Cruel or Unusual Punishment]]
 +
* Freedom from Torture
 
* [[Right to Appeal]]
 
* [[Right to Appeal]]
 +
* Right Not to be Fined Excessively
  
===Rights in Prison===
+
== Rights in Prison ==

Revision as of 13:23, 1 June 2010

International Sources

International Covenant on Civil and Political Rights

Article 14 (2)

Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law.

Universal Declaration of Human Rights

Article 11 (1)

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.

Regional Instruments

American Convention on Human Rights

Article 8 -

2.Every person accused of a criminal offense has the right to be presumed innocent so long as his guilt has not been proven according to law...

European Convention on Human Rights

Article 6 -

2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.

African [Banjul] Charter on Human and Peoples' Rights

Article 7 (1) -

(b) the right to be presumed innocent until proved guilty by a competent court or tribunal;

Examples of Presumption of Innocence

Cambodia

  • The accused shall be considered innocent until the court has judged finally on the case (art. 38 Constitution)

China

  • The client is presumed innocent until judged guilty by a People's Court according to law (art 12 CPL)

India

  • No explicit law on presumption of innocence in domestic law, BUT- Signatory to the UDHR which states:


Kenya

Constitution

  • 77(2) Every person who is charged with a criminal offence
    • (a) shall be presumed to be innocent until he is proved or has pleaded guilty

Rwanda

  • Every person accused of a crime shall be presumed innocent until his or her guilt has been conclusively proved in accordance with the law in a public and fair hearing in which all the necessary guarantees for defence have been made available. (Article 44 CPC, Article 19 Rwandan Constitution)

Tanzania

Constitution

  • 13(6)(b) No person charged with a criminal offence shall be treated as guilty of the offence until proved guilty of that offence.

Uganda

Constitution


    • (a) be presumed to be innocent until proved guilty or until that person has pleaded guilty=

Zimbabwe

  • Every person who is charged with a criminal offence shall be presumed to be innocent until he is proved or has pleaded guilty; (s. (18) (3) (a) Constitution)

Rights of the accused

Table of Contents

Rights/ Protections from Police

Rights during Detention

Rights at Trial

Sentencing

Rights in Prison