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NeCede's

Maxim 7.6.2

Evil is not presumed.

Malum non praesumitur.

Source: 4 Coke, 72; Branch, Princ.; Weisman, 78c Difficulty 1/5 — Foundational

Explanation

The law's starting presumption is innocence — no man is assumed to harbor evil intent until the evidence compels that conclusion.

Where this applies

  • The police assume the suspect had evil intent — but shouldn't they have to prove it?
  • The court is presuming my client acted maliciously without any evidence.

Topics

Malice

Legal domains

criminalevidence

See also

Cite this maxim

NeCede Max. 7.6.2 — Evil is not presumed. — 4 Coke, 72; Branch, Princ.; Weisman, 78c (Malum non praesumitur.)

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