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Flat White

The presumption of innocence? Bah! says ScoMo

12 February 2022

11:00 AM

12 February 2022

11:00 AM

The presumption of innocence in criminal proceedings, often expressed in the phrase ‘innocent until proven guilty’, is an ancient tenet of our justice system.

Like many legal principles, it has its origins in Christian values of fairness and justice. Perhaps the first iteration of the principle was expressed in the 6th century AD in the Digest of the Byzantine Emperor Justinian: ‘Proof lies on him who asserts, not on him who denies’

In the common law, perhaps the best explanation can be found in this very famous quote of the English jurist Sir William Blackstone in his Commentaries on the Laws of...

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