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The presumption of not guilty?

By Shawn Matlock

About a week or so ago a friend and I were discussing various things we found important to stress at trial. One of them happened to be the presumption of innocence. I then asked, rather tongue-in-cheek I suppose, that if it really was the presumption of innocence then why don't our verdict forms read "Innocent" and "Guilty" instead of "Not Guilty." His response was simply that the Framers got it wrong. (And yes, I know there is no place in the Constitution that guarantees the presumption of innocence.) As with many of things he said, I dismissed it. But over the last week or so, it has puzzled me. Why do we have the presumption of innocence if that presumption isn't reaffirmed when the government fails to meet it's burden? I suppose we have all used the voir dire tactic I've heard referred to as "The Choice...continue to full post

Full post as published by The Matlock Blog on February 11, 2008 (boomark / email).