Presumption of innocence. The presumption of innocence is the principle that one is considered innocent unless proven guilty. It was traditionally expressed by the Latin maxim ei incumbit probatio qui dicit, non qui negat (“the burden of proof is on the one who declares, not on one who denies”). Under the Justinian Codes and English common law, the accused is presumed innocent in criminal proceedings, and in civil proceedings (like breach of contract) both sides must issue proof. History[edit] Roman law[edit] Islamic law[edit] Similar to that of Roman Law, Islamic law also holds the principle that the onus of proof is on the accuser or claimant based on a hadith documented by Imam Nawawi.[4] 'Suspicion' is also highly condemned, this also from a hadith documented by Imam Nawawi[5] as well as Imam Bukhari[6] and Imam Muslim.[7] After the time of Muhammad, the fourth Caliph Ali ibn Abi Thalib has also been cited to say 'Avert the prescribed punishment by rejecting doubtful evidence Middle Ages in Europe[edit] Notes[edit]
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Inside the Federal Courts. United States Courts. The U.S. Legal System: A Short Description - U.S._Legal_System_English07.pdf. Supreme Court of the United States. 2013 Interesting Supreme Ct Rulings. Lower Courts. Federal Judicial Center.