Everyone is presumed to be innocent until his guilt is established beyond a reasonable doubt.

Explanation

(English-origin maxim.) The presumption of innocence is a foundational right recognized at common law and secured by the Fifth and Fourteenth Amendments — the sovereign People cannot be deprived of life, liberty, or property by the state unless guilt is proven beyond a reasonable doubt through due process of law.

Where this applies

• A man arrested for robbery is treated as innocent throughout his trial, and the prosecution must prove every element of the crime beyond a reasonable doubt.
• A jury is instructed that the defendant does not have to prove anything — the burden is entirely on the state to establish guilt.
• A suspect held in pretrial detention retains his presumption of innocence, and the judge reminds the jury that an arrest is not evidence of guilt.