WORLD HISTORY

HISTORY

ANCIENT ROME

Question [CLICK ON ANY CHOICE TO KNOW THE RIGHT ANSWER]
Which principle of Roman law is still used in the U.S.A. today?
A
Right to a jury of Patricians
B
Right to a lawyer
C
Innocent until proven Guilty
D
A person cannot testify against himself
Explanation: 

Detailed explanation-1: -The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must present compelling evidence to the trier of fact (a judge or a jury).

Detailed explanation-2: -The presumption of innocence, is sometimes referred to by the Latin expression Ei incumbit probatio qui dicit, non qui negat (the burden of proof is on the one who declares, not on one who denies). It is the principle that one is considered innocent unless proven guilty.

Detailed explanation-3: -We’ve all heard the phrase ‘innocent until proven guilty’. This is the assumption that underpins criminal proceedings in the UK. Under Article 6 (2) of the Human Rights Act 1988, it is the prosecution’s job to prove, beyond reasonable doubt, that the person on trial is guilty of the offence they stand accused of.

Detailed explanation-4: -In cases where we assume, ‘Guilty until proven innocent’: We assume that the suspect is guilty. The burden of proof rests with the defense to prove that the suspect is innocent. The prosecution must show why this proof is not good enough.

Detailed explanation-5: -Indian criminal law gives all accused the legal presumption of “innocent unless proven guilty”, which seems to be denied to the undertrials. Regrettably, the period of imprisonment already undergone by many undertrial prisoners is more than the possible sentence imposable on conviction.

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