Puerto Rico Presumption of Innocence
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FAQ
It is not the obligation or the duty of the defendant in a criminal case to prove his/her innocence or offer any proof relating to his/her innocence. The prosecution must prove its case by more than a mere preponderance of the evidence, yet not necessarily to an absolute certainty.
Defendants do not have to prove their innocence. Instead, the government must provide evidence to convince the jury of the defendant's guilt.
The presumption of innocence until proven guilty means that the burden of proof is always on the government to satisfy you that [defendant] is guilty of the crime with which [he/she] is charged beyond a reasonable doubt.
The presumption of innocence. The presumption of innocence entails two essential elements, namely (1) that an accused must be proven guilty beyond a reasonable doubt, and (2) that the Crown bears the burden of establishing such guilt (Oakes, supra).
It is the government's responsibility to prove the defendant committed the crime as detailed in the indictment. There is no burden on the defendant to prove that they are innocent. After opening statements, the prosecutor begins direct examination of the government's witnesses.
A presumption of innocence means that any defendant in a criminal trial is assumed to be innocent until they have been proven guilty. As such, a prosecutor is required to prove beyond a reasonable doubt that the person committed the crime if that person is to be convicted.
Proof in Legal Proceedings On their side lies no obligation for defense counsel or defendants themselves to prove innocence until proven otherwise; and an implied presumption exists of being innocent until proven otherwise.
Presumption of Innocence; Proof Beyond a Reasonable Doubt. It is a cardinal principle of our system of justice that every person accused of a crime is presumed to be innocent unless and until his or her guilt is established beyond a reasonable doubt.
