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The Presumption of Innocence: Material or Probatory?

36 Pages Posted: 1 Jul 2008  

Larry Laudan

University of Texas School of Law

Date Written: June 29, 2008

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.

Keywords: presumption of innocence, proof, guilt

Suggested Citation

Laudan, Larry, The Presumption of Innocence: Material or Probatory? (June 29, 2008). Available at SSRN: https://ssrn.com/abstract=1152886 or http://dx.doi.org/10.2139/ssrn.1152886

Larry Laudan (Contact Author)

University of Texas School of Law ( email )

727 East Dean Keeton Street
Austin, TX 78705
United States

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