Paralegal Certification PrepLegal Terminology and ConceptsMedium
A paralegal is assisting an attorney who is representing a client accused of theft. The client claims they were mistakenly identified and were elsewhere at the time of the alleged crime. The attorney explains that the prosecution bears the burden of proving every element of the crime beyond a reasonable doubt, and the client does not need to prove their innocence. What fundamental principle of criminal law is the attorney referring to?
- ADouble Jeopardy
- BPresumption of Innocence
- CHabeas Corpus
- DEx Post Facto Law
Show answer & explanationAnswer & explanation
Correct answer: B. Presumption of Innocence
The presumption of innocence is a fundamental principle in criminal law, stating that any person accused of a crime is considered innocent until proven guilty beyond a reasonable doubt by the prosecution. The defendant is not required to prove their innocence.
Why the other options are wrong
- A. Double jeopardy prevents a person from being tried twice for the same crime after acquittal or conviction.
- C. Habeas corpus is a writ requiring a person under arrest to be brought before a judge or into court.
- D. An ex post facto law retroactively makes an act illegal that was legal when committed, or increases the penalties for an infraction after it has been committed.
Presumption of Innocence
A fundamental principle of criminal law stating that a defendant is considered innocent until proven guilty beyond a reasonable doubt by the prosecution.
- Defendant not required to prove innocence
- Burden of proof is on the prosecution
- Requires proof 'beyond a reasonable doubt'
- Cornerstone of fair trials
Memory trick: Criminal Rights are 'PHED': Presumption, Habeas, Ex Post Facto, Double Jeopardy.