Presumption of Innocence

Before evidence is presented, is someone considered innocent or guilty in America?

Destroyed tissue roll into pieces when home alone

A young girl holding a roll of toilet paper, isolated against a white background

If you saw this mess and a girl holding a roll of toilet paper in her hand, what would you think?

One right of all Americans is the presumption of innocence. This means that you are presumed, or supposed to be, innocent until you are proven guilty.

innocent or guilty presumption of innocence until proven guilt as charged in a fair trial for crime suspect

The presumption of innocence is not stated in these words in the U.S. Constitution, but it is an understood right that goes along with the Fifth, Sixth, and Fourteenth Amendments.

If an American is believed to have broken the law, he or she is considered innocent until enough evidence proves the person's guilt. The Latin phrase, "Ei incumbit probatio qui dicit, non qui negat" means the burden of proof is on the person who declares someone guilty; it is not up to the accused person to prove his or her innocence.

This is an important right that not all countries enjoy. Look at that mess again. If you had come home five minutes earlier, you would have seen this:

Remorseful, naughty and bored dog destroyed tissue roll into pieces when home alone

Aha! The girl was innocent. She was trying to clean up the mess the dog had made.