The terms “presumption of innocence” and “innocent until proven guilty” have become a critical part of the American criminal justice system. As entwined as these terms may be with our justice system, many people don’t know what they actually mean or where the laws associated with these terms can be found.
Your rights if you’re charged with a crime
If you ever find yourself in a situation where you’re charged with a crime, it’s crucial that you understand your rights. For instance, you’re entitled to legal representation. You also have the right to remain silent until you’re able to speak with a lawyer before being questioned by law enforcement. In the event you don’t have the financial resources to obtain legal representation, you also have the right to have a lawyer appointed to you. Additionally, you’re entitled to know which charges have been levied against you.
Once you’ve received notification of the charges against you, you’re entitled to protection from self-incrimination. This means you cannot be compelled to testify if you’re brought to trial. You also have the right to collect evidence, present witnesses and question any witnesses that testify against you during a trial.
In the American justice system, you’re protected against searches and seizures that are deemed to be unreasonable. This means that before the government can search your private property, a search warrant must be obtained. In the event that evidence is not collected legally, that evidence can’t be used against you.
When charged with a crime, you’re also entitled to a trial by a jury of your peers. Furthermore, before your case can even go to court, a grand jury must indict you.
Finally, the prosecution has the responsibility of proving that you’re guilty beyond what is termed a “reasonable doubt.” But what exactly does this mean? It means that once all the evidence presented against you has been taken into consideration, that evidence is sufficient enough that a rational person could not reasonably believe you’re innocent.
Where to find the “innocent until proven guilty” amendment
One important thing to understand regarding your right to be presumed innocent until proven guilty is that this right is not specifically outlined anywhere in the Constitution or Bill of Rights in the same way other laws can be found. However, the concept of “innocent until proven guilty” is referenced in multiple amendments and has long been established by the U.S. Supreme Court.
The 5th Amendment
Although there isn’t a direct mention of the term “innocent until proven guilty” in the 5th Amendment, this amendment does serve as an important step in providing a fair legal system.
The primary clause of this amendment states, “No person shall be compelled in any criminal case to be a witness against himself.” This means that the prosecution is responsible for obtaining witness statements against the defendant. This amendment also states that individuals cannot be “deprived of life, liberty, or property, without due process of law.”
The 6th Amendment
The 6th Amendment also helped establish a fair legal system for the accused. Under this amendment, individuals are granted the right to receive legal aid. This amendment emphasizes that individuals are granted this right regardless of the nature of the accusations against them.
The 14th Amendment
Under the 14th Amendment, individuals are assured the right to “a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed.” This amendment goes on to state, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.”
Landmark Supreme Court cases
Beyond the Constitution and Bill of Rights, important historical cases have also contributed to the presumption of innocence in our judicial system.
In the 1895 case, Coffin vs. the U.S., the Supreme Court determined that the prosecution has the burden of proof to establish guilt against the accused, meaning that the accused is presumed innocent until sufficient evidence is presented to prove otherwise.
To this day, Coffin vs. the U.S. is considered 1 of the most critical cases in establishing this concept in the American criminal justice system.
How does the principle of “innocent until proven guilty” actually play out in criminal law?
In the U.S., individuals who are accused of a crime are assured due process. During this process, the suspect in a crime is found either not guilty or guilty. The term due process appears twice in the Constitution. Under the concept of due process, courts are required to adhere to certain procedural standards designed to ensure that personal freedom is preserved.
The idea of due process dates back to the early 13th century in the Magna Carta, which established that individuals were not to be seized, harmed or dispossessed of their own property with the exception of that which was covered under the law of the land. This means that the government did not have the right to act in any manner outside the law.
What are the difficulties with ensuring this standard is upheld?
Perhaps the biggest barrier to upholding the standard of “innocent until proven guilty” is sensationalism in the media. Because dramatic stories are often more compelling and attract people’s attention, it’s not uncommon for the media to present a biased view of an individual accused of a crime. This bias inadvertently impacts public perception and can even influence trial outcomes.
One study by Fair Trials, a criminal justice watchdog group, found that the most significant threats to the presumption of innocence are the “content and tone of press coverage and the use of restraints in courtrooms or in public settings.”
Their research found that showing images of an accused person in handcuffs greatly increased the public’s perception of that person’s guilt. In order to combat these issues, Fair Trials suggests enacting new rules and standards for media reporting on criminal cases.
What should you do if you’re facing charges?
If you’ve been charged with a crime and believe you haven’t received due process, it’s important to understand that you have the right to legal representation, regardless of your ability to pay. An experienced attorney can make sure your rights are protected under the law.