Are you familiar with the saying “innocent until proven guilty”? Did you know that it refers to a principle of criminal law known as the presumption of innocence? David Serna believes that it is essential for law enforcement officials and prosecutors always to keep this principle in mind. Doing so will help eliminate any prejudices or biases one may have against a suspect.
The
presumption of innocence is a criminal law principle that presumes that a
person is innocent until proven otherwise. David Serna believes that it is
essential for lawyers to keep in their minds that even if there are charges
against a person with the offense in question, it does not mean that they are
guilty. It means that no one can punish them until the evidence shows they are
guilty and a judge gives them a sentence.
David Serna also believes that trials should
always occur without undue delay, given the impact of criminal proceedings on a
defendant’s life. It is why before conviction, under the principle of the
presumption of innocence, any restrictions on the accused individual’s
fundamental rights should only be imposed where necessary.
The presumption of innocence is also a fundamental
element of an individual’s right to a fair trial. David Serna reminds
prosecutors and law enforcement officers that they cannot, in any way, compel
the defendant to confess guilt or give evidence against self. The defendant
does not have the burden of proving his innocence. Therefore, the state cannot
use their silence as evidence of guilt.
In many countries, this principle is a legal
right of the accused, which David Serna believes should be for every country.
It is also an international human right under the United Nation’s Universal
Declaration of Huma Rights, Article 11. If the prosecution wants a conviction,
they need to prove that the accused is guilty beyond a reasonable doubt, backed
by the legal burden of proof. If reasonable doubt remains, the state must give
the defendant the benefit of the doubt and be acquitted because the state did
not meet the burden of proof.
