Indiana Presumption of Innocence

State:
Multi-State
Control #:
US-00888
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample jury instruction regarding the Presumption of Innocence in a criminal trial. The language is for model purposes only and may not comply with your state's jury instruction law, which is heavily governed by case law. You must confirm that the language in the jury instruction is acceptable in your state. Available in Word and Rich Text formats.

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FAQ

Once the trial begins, however, the presumption of innocence becomes a ?rebuttable? presumption, meaning that the prosecution can overcome the presumption by introducing evidence at trial tending to show that the defendant is indeed guilty of the alleged crime.

Presumption of Innocence; Proof Beyond a Reasonable Doubt. It is a cardinal principle of our system of justice that every person accused of a crime is presumed to be innocent unless and until his or her guilt is established beyond a reasonable doubt.

3.02 Presumption of Innocence; Proof Beyond a Reasonable Doubt. It is a cardinal principle of our system of justice that every person accused of a crime is presumed to be innocent unless and until his or her guilt is established beyond a reasonable doubt.

In the American criminal justice system, if you are charged with a crime, you are presumed innocent. Under the Fifth Amendment, you cannot ?be deprived of life, liberty, or property without due process of law.? That means you must go through the proper legal proceedings before being subject to any penalties.

The Fifth Amendment guarantees that a person cannot be ?deprived of life, liberty, or property without the due process of law,? while the Fourteenth Amendment extends the idea to each of the states.

Innocent until proven guilty amendment: The 5th, 6th, and 14th amendments are the parts of the Constitution that create the legal basis for "innocent until proven guilty."

The prosecutor must present evidence to establish, beyond a reasonable doubt, that the defendant committed the crime of which they are accused. If not for the presumption of innocence, the government would not have to prove anything, and the defendant's due process rights would be taken away.

"Innocent until proven guilty" (aka, presumption of innocence) is a principle that means that people may not be considered guilty of a crime until a trial has been conducted. This concept dates back to the signing of the Magna Carta in 1215.

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Indiana Presumption of Innocence