Commentary
The presumption of innocence in criminal proceedings, often expressed in the phrase “innocent until proven guilty,” is an ancient tenet of our justice system. Like many legal principles, it has its origins in Christian values of fairness and justice.
Perhaps the first iteration of the principle was expressed in the 6th century AD in the Digest of the Byzantine Emperor Justinian: “Proof lies on him who asserts, not on him who denies.” In the common law, perhaps the best explanation lies in this very famous quote of the English jurist Sir William Blackstone in his “Commentaries on the Laws of England,” published from 1765 to 1770: “It is better that ten guilty persons escape than one innocent suffer.”…