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presumption of innocence

A presumption of innocence means that any defendant in a criminal trial is assumed to be innocent until they have been proven guilty. As such, a prosecutor is required to prove beyond a reasonable doubt that the person committed the crime if that person is to be convicted. To do so, proof must be shown for every single element of a crime. That being said, a presumption of innocence does not guarantee that a person will remain free until their trial has concluded. In some circumstances, a person can be held in custody .

The presumption of innocence is not guaranteed in the U.S. Constitution . However, through statutes and court decisions - such as the U.S. Supreme Court case of _Taylor v. Kentuck_y  - it has been recognized as one of the most basic requirements of a fair trial.

[Last reviewed in August of 2020 by the Wex Definitions Team
]

Keywords

• criminal law

• crime

• litigation

• criminal trial

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• THE LEGAL PROCESS

• criminal law

• criminal procedure

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