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Frequently Asked Questions

What does "presumed innocent" mean?

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.

Why is the accused presumed to be innocent?

Since disagreements about allegations of criminal wrongdoing are inevitable, the liberal legal order requires a process for determining whether wrongdoing has occurred. In order to preserve the right not to be punished without wrongdoing, the accused person must be presumed innocent throughout this process.

Which country is guilty until proven innocent?

Which country is guilty until proven innocent? Mexico Is Scotland guilty until proven innocent? Scotland is unique in that under Scots law you are effectively guilty until proven innocent. This is because of the presence of a third verdict at the end of a criminal trial – as well as ‘guilty’ and ‘not guilty’, there is also ‘not proven’.

What is the difference between innocent and not guilty?

• In general, the best way to distinguish the two is to think of Not Guilty as a verdict or finding given by a court of law in a criminal case, and Innocent, as a fact or state of being indicating a person’s innocence based on his/her moral beliefs, behaviour, character and conduct in life.

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