The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty . Under the presumption of innocence, the legal burden of proof is thus on the prosecution , which must present compelling evidence to the trier of fact (a judge or a jury ). If the prosecution does not prove the charges true, then the person is acquitted of the charges. The prosecution must in most cases prove that the accused is guilty beyond a reasonable doubt . If reasonable doubt remains, the accused must be acquitted. The opposite system is a presumption of guilt .
65-429: Presumed Innocent may refer to: Presumption of innocence , a legal principle Presumed Innocent (novel) , a 1987 novel by Scott Turow Presumed Innocent (film) , a 1990 adaptation of the novel, directed by Alan J. Pakula Presumed Innocent (TV series) , a 2024 miniseries adaptation of the novel, created by David E. Kelley "Presumed Innocent" ( The Bill ) ,
130-465: A criminal trial . It is also an international human right under the UN 's Universal Declaration of Human Rights , Article 11. The sixth-century Digest of Justinian (22.3.2) provides, as a general rule of evidence: Ei incumbit probatio qui dicit, non qui negat —"Proof lies on him who asserts, not on him who denies". It is there attributed to the second and third century jurist Julius Paulus . It
195-469: A reverse onus : that is, if an accused wishes to make that defence, they had to prove the facts of the defence to a balance of probabilities , rather than the Crown having to disprove the defence beyond a reasonable doubt. This meant that an accused in some circumstances might be convicted even if a reasonable doubt existed about their guilt. In several cases , various reverse onus provisions were found to violate
260-588: A 1996 TV episode "Presumed Innocent" ( Judging Amy ) , a 1999 TV episode Presumed Innocent (album) , by Marcia Ball, 2001 Topics referred to by the same term [REDACTED] This disambiguation page lists articles associated with the title Presumed Innocent . If an internal link led you here, you may wish to change the link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Presumed_Innocent&oldid=1222453006 " Category : Disambiguation pages Hidden categories: Short description
325-526: A collection of parallel systems within Islam. Much of the early Islamic history available today is also based on the hadith, although it has been challenged for its lack of basis in primary source material and the internal contradictions of available secondary material. The hadith have been called by American- Sunni scholar Jonathan A. C. Brown as "the backbone" of Islamic civilization. Hadith may be hadith qudsi (sacred hadith)—which some Muslims regard as
390-751: A companion say, 'I heard the Prophet. ' " The one after him would then say, "I heard someone say, 'I heard a Companion say, 'I heard the Prophet ;...''" and so on. Different branches of Islam refer to different collections of hadith, although the same incident may be found in hadith from different collections. In general, the difference between Shi'a and Sunni collections is that Shia give preference to hadiths attributed to Muhammad's family and close companions ( Ahl al-Bayt ), while Sunnis do not consider family lineage in evaluating hadith and sunnah narrated by any of twelve thousand companions of Muhammad. Traditions of
455-416: A defendant should be given: prior notice of the accusation being made against them, the right of confrontation , right to counsel , etc. It is literally considered favorable evidence for the accused that automatically attaches at trial. It requires that the trier of fact , be it a juror or judge, begin with the presumption that the state is unable to support its assertion. To ensure this legal protection
520-425: A hadith differently. Historically, some hadiths deemed to be unreliable were still used by Sunni jurists for non-core areas of law. Western scholars are generally skeptical of the value of hadith for understanding the true historical Muhammad, even those considered sahih by Muslim scholars, due to their first recording centuries after Muhammad's life, the unverifiability of the claimed chains of transmission, and
585-492: A line or two) recording what an early figure, such as a companion of the prophet or Muhammad himself, said or did on a particular occasion, preceded by a chain of transmitters". However, she adds that "nowadays, hadith almost always means hadith from Muhammad himself." In contrast, according to the Shia Islam Ahlul Bayt Digital Library Project, "... when there is no clear Qur'anic statement, nor
650-494: A long-held part of Islamic practice and belief are not mentioned in the Quran, but are reported in hadiths. Therefore, Muslims usually maintain that hadiths are a necessary requirement for the true and proper practice of Islam, as it gives Muslims the nuanced details of Islamic practice and belief in areas where the Quran is silent. An example is the obligatory prayers, which are commanded in the Quran, but explained in hadith. Details of
715-634: A manuscript dated 844. A collection of hadiths dedicated to invocations to God, attributed to a certain Khālid ibn Yazīd, is dated 880–881. A consistent fragment of the Jāmiʿ of the Egyptian Maliki jurist 'Abd Allāh ibn Wahb (d. 813) is finally dated to 889. Sunni and Shia hadith collections differ because scholars from the two traditions differ as to the reliability of the narrators and transmitters. Narrators who sided with Abu Bakr and Umar rather than Ali , in
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#1732848444900780-535: A particular community or people. ... A 'Sunna' is a practice which has been passed on by a community from generation to generation en masse, whereas the hadith are reports collected by later compilers often centuries removed from the source. ... A practice which is contained within the Hadith may well be regarded as Sunna, but it is not necessary that a Sunna would have a supporting hadith sanctioning it. Some sources ( Khaled Abou El Fadl ) limit hadith to verbal reports, with
845-535: A profound and controversial influence on tafsir (commentaries of the Quran). The earliest commentary of the Quran known as Tafsir Ibn Abbas is sometimes attributed to the companion Ibn Abbas. The hadith were used the form the basis of sharia (the religious law system forming part of the Islamic tradition), and fiqh (Islamic jurisprudence). The hadith are at the root of why there is no single fiqh system, but rather
910-549: A topic of debate. This duty on the prosecution was famously referred to as the "golden thread" in the criminal law by Lord Sankey LC in Woolmington v DPP : Throughout the web of the English criminal law one golden thread is always to be seen—that it is the duty of the prosecution to prove the prisoner's guilt subject to what I have already said as to the defence of insanity and subject also to any statutory exception... This right
975-537: Is based on spoken reports in circulation after the death of Muhammad. Hadith were not promptly written down during Muhammad's lifetime or immediately after his death. Hadith were evaluated orally to written and gathered into large collections during the 8th and 9th centuries, generations after Muhammad's death, after the end of the era of the Rashidun Caliphate , over 1,000 km (600 mi) from where Muhammad lived. "Many thousands of times" more numerous than
1040-639: Is considered important enough in modern democracies , constitutional monarchies and republics that many have explicitly included it in their legal codes and constitutions: In the United Kingdom changes have been made affecting this principle. Defendants' previous convictions may in certain circumstances be revealed to juries. Although the suspect is not compelled to answer questions after formal arrest, failure to give information may now be prejudicial at trial. Statute law also exists which provides for criminal penalties for failing to decrypt data on request from
1105-399: Is different from Wikidata All article disambiguation pages All disambiguation pages Presumption of innocence In many countries and under many legal systems, including common law and civil law systems (not to be confused with the other kind of civil law , which deals with non-criminal legal issues), the presumption of innocence is a legal right of the accused in
1170-413: Is fundamental to Islamic law where the principle that the onus of proof is on the accuser or claimant is strongly held, based on a hadith documented by Imam Nawawi . "Suspicion" is also highly condemned, this also from a hadith documented by Imam Nawawi as well as Imam Bukhari and Imam Muslim . After the time of Muhammad , the fourth Caliph Ali ibn Abi Talib has also been cited to say, "Avert
1235-425: Is innocent until proved guilty. Hence, the infliction of unusual rigours on the accused must be delayed until his innocence has been successfully challenged. Thus, in the early stages of the trial, arguments in his defence are as elaborate as with any other man on trial. Only when his guilt has become apparent were the solicitous provisions that had been made to protect defendants waived". The presumption of innocence
1300-571: Is maintained, a set of three related rules govern the procedure of criminal trials. The presumption means: Blackstone's ratio as expressed by the English jurist William Blackstone in his seminal work, Commentaries on the Laws of England , published in the 1760s, said that: It is better that ten guilty persons escape than that one innocent suffer. The idea subsequently became a staple of legal thinking in Anglo-Saxon jurisdictions and continues to be
1365-642: Is the Arabic word for things like a report or an account (of an event). For many, the authority of hadith is a source for religious and moral guidance known as Sunnah , which ranks second only to that of the Quran (which Muslims hold to be the word of God revealed to Muhammad). While the number of verses pertaining to law in the Quran is relatively small, hadith are considered by many to give direction on everything from details of religious obligations (such as Ghusl or Wudu , ablutions for salat prayer), to
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#17328484449001430-620: Is the hadith of Abu Hurairah who said that Muhammad said: When God decreed the Creation He pledged Himself by writing in His book which is laid down with Him: My mercy prevails over My wrath. In the Shia school of thought, there are two fundamental viewpoints of hadith: The Usuli view and the Akhbari view. The Usuli scholars emphasize the importance of scientific examination of hadiths through ijtihad while
1495-604: Is there a Hadith upon which Muslim schools have agreed. ... Shi'a ... refer to Ahlul-Bayt [the family of Muhammad] to derive the Sunnah of the Prophet"—implying that while hadith is limited to the "Traditions" of Muhammad, the Shi'a Sunna draws on the sayings, etc. of the Ahlul-Bayt i.e. the Imams of Shi'a Islam. The word sunnah is also used in reference to a normative custom of Muhammad or
1560-480: The Criminal Code , some of which had previously been found unconstitutional, and others pre-emptively in order to avoid further Charter challenges. Hadith Hadith ( Arabic : حديث , romanized : ḥadīṯ ) or athar ( Arabic : أثر , ʾaṯar , lit. ' remnant ' or ' effect ' ) is a form of Islamic oral tradition containing the sayings, actions, and approvals of
1625-550: The Fourth Lateran Council and trials by fire and water specifically were forbidden. This was during the period of development of the jus commune , the canon law of the Catholic Church influenced the common law during the medieval period In the early 13th century, Louis IX of France banned all trials by ordeal and introduced the presumption of innocence to criminal procedures. This did not last for long and
1690-588: The Abbasid period sought to authenticate hadith. Scholars had to decide which hadith were to be trusted as authentic and which had been fabricated for political or theological purposes. To do this, they used a number of techniques which Muslims now call the science of hadith . The earliest surviving hadith manuscripts were copied on papyrus. A long scroll collects traditions transmitted by the scholar and qadi 'Abd Allāh ibn Lahīʻa (d. 790). A Ḥadīth Dāwūd ( History of David ), attributed to Wahb ibn Munabbih , survives in
1755-462: The Akhbari scholars consider all hadiths from the four Shia books as authentic . The two major aspects of a hadith are the text of the report (the matn ), which contains the actual narrative, and the chain of narrators (the isnad ), which documents the route by which the report has been transmitted. The isnad was an effort to document that a hadith actually came from Muhammad, and Muslim scholars from
1820-554: The Prophet is the command of God.” In 851 the rationalist Mu`tazila school of thought fell out of favor in the Abbasid Caliphate . The Mu`tazila, for whom the "judge of truth ... was human reason," had clashed with traditionists who looked to the literal meaning of the Quran and hadith for truth. While the Quran had been officially compiled and approved, hadiths had not. One result was the number of hadiths began "multiplying in suspiciously direct correlation to their utility" to
1885-495: The Quran, proving that some hadith are a source of corruption and not a complement to the Quran. Joseph Schacht quotes a hadith of Muhammad that is used "to justify reference" in Islamic law to the companions of Muhammad as religious authorities—"My companions are like lodestars." According to Schacht, (and other scholars) in the very first generations after the death of Muhammad, use of hadith from Sahabah ("companions" of Muhammad) and Tabi'un ("successors" of
1950-455: The companions) "was the rule", while use of hadith of Muhammad himself by Muslims was "the exception". Schacht credits Al-Shafi'i —founder of the Shafi'i school of fiqh (or madh'hab )—with establishing the principle of the using the hadith of Muhammad for Islamic law, and emphasizing the inferiority of hadith of anyone else, saying hadiths: "... from other persons are of no account in
2015-473: The complainant consented to the sexual act, or that the defendant reasonably believed that the complainant was consenting. These circumstances include, for example, where the complainant was unconscious, unlawfully detained, or subjected to violence. In Canadian law , the presumption of innocence has been reinforced in certain instances. The Criminal Code previously contained numerous provisions according to which defences to certain offences were subject to
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2080-399: The correct forms of salutations and the importance of benevolence to slaves. Thus for many, the "great bulk" of the rules of Sharia are derived from hadith, rather than the Quran. Among scholars of Sunni Islam the term hadith may include not only the words, advice, practices, etc. of Muhammad, but also those of his companions . In Shia Islam , hadith are the embodiment of the sunnah,
2145-413: The deeds of Muhammad and reports about his companions being part of the sunnah , but not hadith. Islamic literary classifications similar to hadith (but not sunnah ) are maghazi and sira . They differ from hadith in that they are organized "relatively chronologically" rather than by subject. Other "traditions" of Islam related to hadith include: The hadith literature in use today
2210-490: The different branches of the Islamic faith. A minority of Muslims believe that Islamic guidance should be based on the Quran only , thus rejecting the authority of hadith; some further claim that many hadiths are fabrications ( pseudepigrapha ) created in the 8th and 9th centuries AD, and which are falsely attributed to Muhammad. Historically, some sects of the Kharijites also rejected the hadiths, while Mu'tazilites rejected
2275-423: The disputes over leadership that followed the death of Muhammad, are considered unreliable by the Shia; narrations attributed to Ali and the family of Muhammad, and to their supporters, are preferred. Sunni scholars put trust in narrators such as Aisha , whom Shia reject. Differences in hadith collections have contributed to differences in worship practices and shari'a law and have hardened the dividing line between
2340-405: The early Muslim community . Joseph Schacht describes hadith as providing "the documentation" of the sunnah . Another source (Joseph A. Islam) distinguishes between the two saying: Whereas the 'Hadith' is an oral communication that is allegedly derived from the Prophet or his teachings, the 'Sunna' (quite literally: mode of life, behaviour or example) signifies the prevailing customs of
2405-411: The eighth century to the present have never ceased to repeat the mantra "The isnad is part of the religion—if not for the isnad, whoever wanted could say whatever they wanted." The isnad literally means "support", and it is so named because hadith specialists rely on it to determine the authenticity or weakness of a hadith . The isnad consists of a chronological list of the narrators, each mentioning
2470-541: The face of a tradition from the Prophet, whether they confirm or contradict it; if the other persons had been aware of the tradition from the Prophet, they would have followed it". This led to "the almost complete neglect" of traditions from the Companions and others. Collections of hadith sometimes mix those of Muhammad with the reports of others. Muwatta Imam Malik is usually described as "the earliest written collection of hadith" but sayings of Muhammad are "blended with
2535-470: The final authority of a hadith of Muhammad , so that even the Quran was "to be interpreted in the light of traditions (i.e. hadith), and not vice versa." While traditionally the Qur'an has traditionally been considered superior in authority to the sunna, Al-Shafi'i "forcefully argued" that the sunna was "on equal footing with the Quran", (according to scholar Daniel Brown) for (as Al-Shafi'i put it) “the command of
2600-399: The five salat (obligatory Islamic prayers) that are not found in the Quran, as well as everyday behavior such as table manners, dress, and posture. Hadith are also regarded by Muslims as important tools for understanding things mentioned in the Quran but not explained, a source for tafsir (commentaries written on the Quran). Some important elements, which are today taken to be
2665-639: The hadiths as the basis for Islamic law, while at the same time accepting the Sunnah and Ijma . Because some hadith contain questionable and ambiguous statements, the authentication of hadith became a major field of study in Islam. In its classic form a hadith consists of two parts—the chain of narrators who have transmitted the report (the isnad ), and the main text of the report (the matn ). Individual hadith are classified by Muslim clerics and jurists into categories such as sahih ("authentic"), hasan ("good"), or da'if ("weak"). However, different groups and different scholars may classify
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2730-638: The hands of aggrieved soldiers, in 656. No direct sources survive directly from this period so we are dependent on what later writers tell us about this period. According to British historian of Arab world Alfred Guillaume, it is "certain" that "several small collections" of hadith were "assembled in Umayyad times." In Islamic law, the use of hadith as it is understood today (hadith of Muhammad with documentation, isnads, etc.) came gradually. According to scholars such as Joseph Schacht , Ignaz Goldziher , and Daniel W. Brown, early schools of Islamic jurisprudence used
2795-469: The institutional use of torture, called "question préalable" and subdivided into "question ordinaire" (light torture) and "question extraordinaire" (severe torture), applied at the judge's discretion against individuals suspected of a crime, was to last up to the eve of the French Revolution. "Presumption of innocence" serves to emphasize that the prosecution has the obligation to prove each element of
2860-601: The life of Muhammad and the early history of Islam were passed down mostly orally for more than a hundred years after Muhammad's death in AD 632. Muslim historians say that Caliph Uthman ibn Affan (the third khalifa (caliph) of the Rashidun Caliphate , or third successor of Muhammad, who had formerly been Muhammad's secretary), is generally credited with urging Muslims to record the hadith just as Muhammad had suggested that some of his followers to write down his words and actions. Uthman's labours were cut short by his assassination, at
2925-461: The number of hadith grew enormously. While Malik ibn Anas had attributed just 1720 statements or deeds to the Muhammad, it was no longer unusual to find people who had collected a hundred times that number of hadith. Faced with a huge corpus of miscellaneous traditions supporting different views on a wide variety of controversial matters—some of them flatly contradicting each other—Islamic scholars of
2990-531: The offense beyond a reasonable doubt (or some other level of proof depending on the criminal justice system) and that the accused bears no burden of proof. This is often expressed in the phrase "presumed innocent until proven guilty", coined by the British barrister Sir William Garrow (1760–1840) during a 1791 trial at the Old Bailey . Garrow insisted that accusers be robustly tested in court. An objective observer in
3055-431: The one from whom they heard the hadith, until mentioning the originator of the matn along with the matn itself. The first people to hear hadith were the companions who preserved it and then conveyed it to those after them. Then the generation following them received it, thus conveying it to those after them and so on. So a companion would say, "I heard the Prophet say such and such." The Follower would then say, "I heard
3120-444: The people of the desert. According to the scholars Harald Motzki and Daniel W. Brown the earliest Islamic legal reasonings that have come down to us were "virtually hadith-free", but gradually, over the course of second century A.H. "the infiltration and incorporation of Prophetic hadiths into Islamic jurisprudence" took place. It was Abū ʿAbdullāh Muhammad ibn Idrīs al-Shāfiʿī (150-204 AH), known as al-Shafi'i , who emphasized
3185-409: The police. If the suspect is unwilling to do so, it is an offence. Citizens can therefore be convicted and imprisoned without any evidence that the encrypted material was unlawful. Furthermore, in sexual offence cases such as rape, where the sexual act has already been proved beyond reasonable doubt, there are a limited number of circumstances where the defendant has an obligation to adduce evidence that
3250-478: The position of the juror must reasonably conclude that the defendant almost certainly committed the crime. In 1935, in its judgment of Woolmington v Director of Public Prosecutions , the English Court of Appeal would later describe this concept as being 'the golden thread' running through the web of English criminal law. Garrow's statement was the first formal articulation of this. The presumption of innocence
3315-449: The prescribed movements and words of the prayer (known as rak'a ) and how many times they are to be performed, are found in hadith. However, hadiths differ on these details and consequently salat is performed differently by different hadithist Islamic sects. Quranists, on the other hand, believe that if the Quran is silent on some matter, it is because God did not hold its detail to be of consequence; and that some hadith contradict
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#17328484449003380-514: The prescribed punishment by rejecting doubtful evidence." After the collapse of the Western Roman Empire , the West began to practice feudal law, which was a synthesis of aspects of Roman law as well as some Germanic customs according to the new elite, including presumed guilt. For instance, the accused could prove his innocence by having twelve people swear that he could not have done what he
3445-755: The presumption of innocence provision of the Canadian Charter of Rights and Freedoms . They were replaced with procedures in which the accused merely had to demonstrate an "air of reality" to the proposed defence, following which the burden shifted to the Crown to disprove the defence. Bill C-51, An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act , received Royal Assent in December 2018. Among other things, it eliminated several reverse onus provisions from
3510-472: The prophet Muhammad as relayed through a sequentially corroborated chain of narrators (multiple linkages of attested individuals who heard and repeated the hadith, from which the source of the hadith can be traced). Compilations of hadith were aggregated into distinct collections by Islamic scholars (known as Muhaddiths ) in the centuries after Muhammad's death. Hadith are widely respected in mainstream Muslim thought and are central to Islamic law . Ḥadīth
3575-504: The quoter of the hadith ( Traditionists quoted hadith warning against listening to human opinion instead of Sharia; Hanafites quoted a hadith stating that "In my community there will rise a man called Abu Hanifa [the Hanafite founder] who will be its guiding light". In fact one agreed upon hadith warned that, "There will be forgers, liars who will bring you hadiths which neither you nor your forefathers have heard, Beware of them." In addition
3640-547: The rulings of the Prophet's Companions , the rulings of the Caliphs , and practices that “had gained general acceptance among the jurists of that school”. On his deathbed, Caliph Umar instructed Muslims to seek guidance from the Quran, the early Muslims ( muhajirun ) who emigrated to Medina with Muhammad, the Medina residents who welcomed and supported the muhajirun (the ansar ) and
3705-619: The sayings of the companions", (822 hadith from Muhammad and 898 from others, according to the count of one edition). In Introduction to Hadith by Abd al-Hadi al-Fadli, Kitab Ali is referred to as "the first hadith book of the Ahl al-Bayt (family of Muhammad) to be written on the authority of the Prophet". However, the acts, statements or approvals of Muhammad are called "Marfu hadith" , while those of companions are called "mawquf (موقوف) hadith" , and those of Tabi'un are called "maqtu' (مقطوع) hadith" . The hadith had
3770-476: The term hadith refers to reports of statements or actions of Muhammad, or of his tacit approval or criticism of something said or done in his presence. Classical hadith specialist Ibn Hajar al-Asqalani says that the intended meaning of hadith in religious tradition is something attributed to Muhammad but that is not found in the Quran. Scholar Patricia Crone includes reports by others than Muhammad in her definition of hadith: "short reports (sometimes just
3835-434: The verses of the Quran, hadith have been described as resembling layers surrounding the "core" of Islamic beliefs (the Quran). Well-known, widely accepted hadith make up the narrow inner layer, with a hadith becoming less reliable and accepted with each layer stretching outward. The reports of Muhammad's (and sometimes his companions') behavior collected by hadith compilers include details of ritual religious practice such as
3900-452: The widespread creation of fraudulent hadiths. Western scholars instead see hadith as more valuable for recording later developments in Islamic theology. In Arabic, the noun ḥadīth ( حديث IPA: [ħæˈdiːθ] ) means "report", "account", or "narrative". Its Arabic plural is aḥādīth ( أحاديث [ʔæħæːˈdiːθ] ). Hadith also refers to the speech of a person. In Islamic terminology, according to Juan Campo,
3965-497: The words and actions of Muhammad and his family, the Ahl al-Bayt ( The Twelve Imams and Muhammad's daughter, Fatimah ). Unlike the Quran, not all Muslims believe that all hadith accounts are divine revelation; in fact, scholars have thoroughly examined hadith to sort them into accuracy categories ever since the early period following the Prophet Muhammad's death. Different collections of hadīth would come to differentiate
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#17328484449004030-412: The words of God —or hadith sharif (noble hadith), which are Muhammad's own utterances. According to as-Sayyid ash-Sharif al-Jurjani, the hadith qudsi differ from the Quran in that the former are "expressed in Muhammad's words", whereas the latter are the " direct words of God ". A hadith qudsi need not be a sahih (sound hadith), but may be da'if or even mawdu' . An example of a hadith qudsi
4095-460: Was accused of. In practice, this tended to favor the nobility over the lower classes, whose witnesses risked being seen as less credible. Trials by ordeal were common from the 6th century until the early 13th century, and were known to continue into the 17th century in the form of witch-hunts. Whilst common in early Germanic law, compurgation was formally adopted in Rome by Pope Innocent III in 1215 at
4160-541: Was introduced in Roman criminal law by emperor Antoninus Pius . A civil law system is a modern legal system derived from the ancient Roman legal system (as opposed to the English common law system ). The maxim and its equivalents have been adopted by many countries that use a civil law system, including Brazil , China , France , Italy , Philippines , Poland , Romania and Spain . According to Talmud , "every man
4225-458: Was originally expressed by the French cardinal and canonical jurist Jean Lemoine in the phrase " item quilbet presumitur innocens nisi probetur nocens (a person is presumed innocent until proven guilty)", based on the legal inference that most people are not criminals. This referred not merely to the fact that the burden of proof rests on the prosecution in a criminal case, but the protections which
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