The Presumption of Innocence: Material or Probatory?

Abstract:     
The presumption of innocence is not, and cannot be, a doctrine enjoining triers-of-fact to believe that the defendant did not commit the crime with which he is charged. It is, rather, a message that jurors must begin a trial believing that defendant's guilt has not been proven and that defendant must be acquitted unless the state proves his guilt to the relevant standard.

Number of Pages in PDF File: 36

Keywords: presumption of innocence, proof, guilt

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