Anonymous asked in Politics & GovernmentGovernment · 1 decade ago

what amendment states innocent until pr oven guilty?

2 Answers

  • 1 decade ago
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    The presumption of innocence - being innocent until proven guilty - is a legal right that the accused in criminal trials has in many modern nations. It states that no person shall be considered guilty until finally convicted by a court. The burden of proof is thus on the prosecution, which has to convince the court that the accused is guilty beyond a reasonable doubt. In case of remaining doubts, the accused is to be acquitted; this idea expressed by the latin legal maxim "In dubio pro reo".

    Although the Constitution of the United States does not cite it explicitly, presumption of innocence is widely held to follow from the 5th, 6th and 14th amendments. See also Coffin v. United States.

    Source(s): wiki
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  • 1 decade ago

    Although this principle is generally practiced by most Western nations, the U S Constitution does not speak directly to it. It is presumed from things in the 5th, 6th, and 14th amendments. Some countries, like Canada, have it written into their constitutions, but this was such a deep thread of English common law that I assume the founding fathers didn't see the need to write it down.

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