ABSTRACT
In order to fully understand the presumption of innocence, some background and contextual issues are discussed in this chapter. The chapter starts by considering the word ‘innocence.’ It examines both factual and legal innocence and guilt and argues that while both are relevant to criminal justice, the presumption of innocence as a legal concept is largely concerned with legal innocence. Next, the chapter moves on to evaluate the word ‘presumption.’ There are several different types of presumption, and this chapter argues that the presumption of innocence is a mandatory rebuttable legal presumption. The chapter then starts to focus on where and how the presumption of innocence fits within legal structures. It explains that the presumption of innocence is found in both national and international law and that within international law it is a human right and included in treaties, general principles, and customary law. Finally, the chapter discusses what the presumption of innocence is meant to protect. It argues that the presumption of innocence prevents people who have not been found legally guilty of a crime from being treated as if they have been convicted. This purpose helps support the rest of the chapters going forward.
