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NeCede's

Maxim 9.3.4

All things are presumed in favor of life, liberty, and innocence.

In favorem vitae, libertatis, et innocentiae omnia praesumuntur.

Source: Lofft, 125; Jackson, No. 379 Difficulty 1/5 — Foundational

Explanation

When facts are doubtful, every presumption is made in favor of the accused and against forfeiture of life or liberty — the law will not presume guilt.

Where this applies

  • I'm the accused and I want the court to presume my innocence.
  • The prosecution is treating me as guilty before proving anything.
  • My liberty is at stake and the court should give me every benefit of the doubt.

Topics

Presumptions

Legal domains

constitutionalcriminalevidence

See also

Cite this maxim

NeCede Max. 9.3.4 — All things are presumed in favor of life, liberty, and innocence. — Lofft, 125; Jackson, No. 379 (In favorem vitae, libertatis, et innocentiae omnia praesumuntur.)

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