One practical example of the presumption of innocence in action is where the defendant raises the issue of self-defense to a battery charge. Presumption of innocence is defined as “the government always has the burden to justify its use of power even against people who turn out to be guilty. A presumption of innocence instruction may be required if the jury is in danger of convicting the defendant on the basis of extraneous considerations rather than the facts of the case. EXAMPLE: In the state of Alatucky, the newly adopted Rules of Procedure suggest specific language for judges to instruct juries regarding the presumption of innocence and the burden of proof on the prosecution, which mirrors language upheld as adequate in previous Supreme Court cases.
” (Samaha,p481) This basically means that it is the prosecutions responsibility to present evidence and to convince a …
When this occurs, the State must prove beyond a reasonable doubt that the defendant was NOT acting in self-defense in order to secure a conviction. The presumption of innocence principle supports the practice of releasing criminal defendants from jail prior to trial.
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