Proven Guilty
The principle of "innocent until proven guilty" should not be taken lightly. "Presumption of innocence" means to stress that the prosecution has the duty to prove each charge of the illegal/unlawful act beyond a reasonable doubt and that the accused bears no burden of proof.
However, the notion of being innocent until proven guilty is not a right granted by the Constitution but is a part of common law. Ultimately common law uses former courts cases to make its determinations in regards to innocence or guilt. Therefore, if a similar case was already resolved, the court is usually bound to follow that outcome, however when the court finds that the current issue is ultimately unique from all previous cases, judges have the authority and
duty to make a judgement on the case. Whereas the Constitution does provide provisions allowing for the right to remain silent if under arrest, as well as the right to a speedy trial by. Furthermore, the 14th amendment guarantees to all persons, "equal protection under the law"; ensuring the legal system doesn't violate our basic rights. Article 11 of Universal Declaration of Human Rights states: "Everyone charged with a punitive offense has the right to be presumed innocent until proved guilty according to a law in a public trial at which he has had all the guarantees necessary for his defense"(Lieberman, 116-117). Society finds it unacceptable for those wrongly convicted to sentenced to a life in prison for a crime they did not commit so every single legal bias must be considered so that it is proven beyond a reasonable doubt that a person is guilty before depriving them of liberty or life.
However, the notion of being innocent until proven guilty is not a right granted by the Constitution but is a part of common law. Ultimately common law uses former courts cases to make its determinations in regards to innocence or guilt. Therefore, if a similar case was already resolved, the court is usually bound to follow that outcome, however when the court finds that the current issue is ultimately unique from all previous cases, judges have the authority and
duty to make a judgement on the case. Whereas the Constitution does provide provisions allowing for the right to remain silent if under arrest, as well as the right to a speedy trial by. Furthermore, the 14th amendment guarantees to all persons, "equal protection under the law"; ensuring the legal system doesn't violate our basic rights. Article 11 of Universal Declaration of Human Rights states: "Everyone charged with a punitive offense has the right to be presumed innocent until proved guilty according to a law in a public trial at which he has had all the guarantees necessary for his defense"(Lieberman, 116-117). Society finds it unacceptable for those wrongly convicted to sentenced to a life in prison for a crime they did not commit so every single legal bias must be considered so that it is proven beyond a reasonable doubt that a person is guilty before depriving them of liberty or life.