The phrase, “innocent until proven guilty” has been tossed around many high school history classrooms and courtrooms alike, but is it really true? What does it mean, exactly? What does it mean in our society? How does it apply to modern court cases? Read on to find out.
What does it mean?
The idea of a defendant being innocent until proven guilty, also called the “presumption of innocence,” basically means that defendant is considered innocent until the prosecutor is able to prove, beyond a reasonable doubt, that he or she has committed the crime they are being charged with.
Why is this principle important in American society?
This principle is essential to America’s free society because if individuals are automatically assumed to be guilty, then just about anyone can be accused of anything, and the likelihood of false convictions would dramatically increase. Defendants are presumed to be innocent in the absence of contrary evidence.
Huh? I don’t get it. How about an example?
Think of it this way – a teenage girl walks into a convenience store, buys some grape gum, declines the receipt, and then walks home, chewing a piece as she goes. A policeman stops her on the street and says, “is that grape gum? A girl just stole some from the store down the street. Can you prove it wasn’t you?” Do you see how that would be absolutely preposterous and impossible? She would have no way of defending her innocence, since she didn’t have the receipt. The good news is that this scenario is pretty unrealistic. Prosecutors need hard evidence to be able to prove someone’s guilt, and there’s no way the policeman’s suspicions would stand up in court.
How could this principle affect you if you get arrested?
The presumption of innocence is the lock the opens the jail cell door if you get arrested. Since defendants are considered innocent until proven guilty in a court of law, the vast majority of those who get arrested are released on bail to await their court date appearances. The Eighth Amendment of the US Constitution states that excessive bail shall not be required to be released.
What if you’re not allowed bail?
If public safety is a concern or the defendant is considered a flight risk, though, they will not be allowed to post bail and will be kept in jail throughout their trial. This can only happen if the police provide evidence that indicates probable cause that they’ve committed the crime and may be dangerous to others. Probable cause is a subjective term, but when the police and judge converse and the judge reviews the police’s case for probable cause, the judge decides if there is probable cause or not.
How could this principle affect your court case?
Let’s start with due process. Presumption of innocence is a facet of due process, which is a course of formal legal proceedings that are carried out in accordance with properly established rules and principles. Due process also prohibits judicial entities from enacting provisions that would result in the unfair, unreasonable, or arbitrary treatment of individuals. Because of due process and the presumption of innocence, most defendants are treated with respect and courtesy during their trials, and many juries are required to read instructions about the presumption of innocence and the requirement of proof beyond a reasonable doubt, especially if there are extraneous circumstances that might sway the jury’s decision on a case, instead of the facts.
Recap
Yes, you are innocent until proven guilty in the American court system. It’s one of the fundamental pillars of our entire judicial system. If you’re being charged with a crime, be sure to get the best lawyer in Southern California to represent you—Dan Chambers. Call 714-760-4088 or click Contact above to set up a free consultation about your case today.
