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Friday, April 12, 2013

"Throughout web of English criminal law one golden thread is always to be seen, that is a duty of the prosecution to prove the prisoner's guilt". Woolmington v. DPP (1935) Viscount Shanley.

Before discuss, I have built a plan which helped me to lead my essay:

A. What is a Presumption of Innocence

B. Four examples why trust of innocence matters:

1. effect of Proof:

(a) Evidential Burden of Proof

(b) especial(a) reversal of the Legal Burden (Insanity)

2. Standard of Proof

3. Miscarriages of Justice

4.Bail

C. Right to Silence

Presumption of Innocence.

The impudence of innocence is not explicitly stated in the writing but is implict in the requirement of Art. 38.1 that no person sh all told be try on any criminal charge save in due course of law.

In the Europenion Convention on Human Rights: everyone charged with a criminal offence shall be presumed innocent until turn out guilty according to law#

As Ireland and England are parties to the ECHR# the Act 6(2) is relating to its law.

Defendant is presumed innocent until a jury reaches a guilty verdict based on the evidence against the defendant, in fair trial. The defendant has a accountability to be innocent till he found guilty.

If a person committed any crime but the criminal prosecution can not present any evidence or had presented but not enough of it to a jury, then the defendant can not be acquitted on this crime.

The Burden of Proof leads to the presumption of innocence.

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The burden of proof means the pledge to prove a fact. The general principle is that the party who move over the truth of certain facts must also prove them. In other words the party, who was moved to the court, must prove all facts necessary for the purpose. The burden of proof is an obligation of miscueing disposition and during trial of the case it shifts frequently. The amount of evidence required to shift upon a party, the burden displaing a party, may depend...

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