Presumption of Innocence

The rule that the accused is innocent until the state proves guilt beyond reasonable doubt

Overview

The presumption of innocence places the burden of proof squarely on the prosecution to the criminal standard, requiring nothing of the accused, described by one law lord as the golden thread of British justice. It allocates the risk of error, directing that doubt resolve for the defendant. International human rights law universalized it, and variations appear in every mature legal system, though reverse burdens creep in through affirmative defenses and regulatory offenses. Its operational core is the rule about who must persuade, not a factual claim of innocence.