Essay On Presumption Of Innocence
In 1979, Justice Stewart, Brennan and Marshall insisted that “No principle is more firmly established in our system of criminal justice than the presumption of innocence that is accorded to the defendant in every criminal trial.” Furthermore, the “Blackstone ratio” of 10”:1 that “the law holds that it is better than ten guilty persons escape, than that one innocent suffer” was upheld in Coffin v U.S. where Justice White quoted a Roman official who wrote that “it was better to let the crime of a guilty person go unpunished than to condemn the innocent.” This shows that the presumption of innocence plays a significant role in criminal law as the outcome of wrongful conviction is regarded as a significantly worse harm than wrongful acquittal. Hence, the responsibility falls on the state to produce evidence of guilt, and not for the accused to prove innocent. In Taylor v Kentucky, the presumption of innocence of a criminal defendant is best …show more content…
This presumption protects the liberty of every individuals including the accused. In civil cases, the burden falls on the claimant to prove on the balance of probabilities whereas in criminal cases, the legal burden falls on the prosecution to prove the guilt of accused beyond reasonable doubt. Whereas for defences such as provocation (Mancini v DPP ), self-defence (Rv Lobell ), duress (R v Gill ), non-insane automatism (Bratty v AG for Northern Ireland ) and alibi, the accused has an evidential burden to adduce evidence. Once the defence is valid, the burden is then falls on the prosecution to negative the defence beyond a reasonable
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A Comparison Of West Memphis Three Trial And Casey Anthony Trial
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Arizona Vs Youngblood Case Study
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169 Words | 1 PagesSince the stakes are so high in these cases, there is a high burden of proof on the prosecution. The prosecution must prove the defendant’s guilt “beyond
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Essay On Wrongful Convictions
1225 Words | 5 PagesWrongful convictions are one of the most worrisome and tragic downsides to the Canadian Criminal Justice System. As stated by Campbell & Denov (2016). “cases of wrongful convictions in Canada call into question the ability of our criminal justice system to distinguish between the guilty and innocence” (p. 226). In addition, wrongful convictions can have devastating repercussions on the person, who was found guilty, effecting their personal/public identities, beliefs and family lives. This essay will be examine some of the common factors that apply to the conviction of an innocence person.
Due Process Model And Crime Control Model In The Criminal Justice System
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Trial By Jury Advantages And Disadvantages
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