Kentucky 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

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.

Coffin v. United States, 156 U.S. 432 (1895), was an appellate case before the United States Supreme Court in 1895 which established the presumption of innocence of persons accused of crimes.

The presumption of innocence is not guaranteed in the U.S. Constitution. However, through statutes and court decisions?such as the U.S. Supreme Court case of Taylor v. Kentucky?it has been recognized as one of the most basic requirements of a fair trial.

Media reporting on criminal cases frequently violate the presumption of innocence: suspects are commonly presented as though they are guilty, particularly through attention-grabbing headlines, and reporting is often unbalanced against them.

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. The presumption is not a mere formality. It is a matter of the most important substance.

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Kentucky Presumption of Innocence