"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.

1616 words - 6 pages

Before discuss, I have built a plan which helped me to organise my essay:A. What is a Presumption of InnocenceB. Four examples why presumption of innocence matters:1. Burden of Proof:(a) Evidential Burden of Proof(b) Exceptional reversal of the Legal Burden (Insanity)2. Standard of Proof3. Miscarriages of Justice4.BailC. Right to SilencePresumption of Innocence.The presumption of innocence is not explicitly stated in the Constitution but is implict in the requirement of Art. 38.1 that 'no person shall be tried 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 proved guilty according to law'#As Ireland and England are parties to the ECHR# the Act 6(2) is relating to it's 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 right to be innocent till he found guilty.If a person committed any crime but the 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. The burden of proof means the obligation to prove a fact. The general principle is that the party who establish 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 shifting nature 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 on the circumstances on each case. The judge or jury can decide a case only by considering the truth and values of the several facts alleged and roved by the parties and as the facts are unknown to both judge and jury, they must be establish by evidence. The question arises: "Which party must adduce evidence?" The responsibility for adducing such evidence as will establish any allegation is called the 'burden of proof'. The law requires the affirmative to be proved instead of the negative, because:The man who brings another before a judical tribunal must rely on the strength of his own rights and the clearness of his own proofA simple negative by reason of its indefiniteness is difficult if is not impossibleIn case O'Leary # where the plaintiff was convicted in the Special Criminal Court on 19 November 1987 of membership of an unlawful organisation, namely the IRA#, contrary to s.21 of the 1939 Act (as amended) and possession of incriminating documents contrary to s 12 of the same Act. We can see from this case that burden of proof might be evidential burden only, where 'the Supreme Court held that the s 24 did not pass a legal burden of proof onto the accused to proof that he was not guilty of the offence, but an evidential burden only. The section merely provides that where...

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