Where does the saying 'Innocent until proven Guilty' come from?

Question

I've been looking on-line for ages now, but can't find where it comes from! Lol

Answer 1

It's difficult to say exactly where this maxim came from.  However, from my research it appears to have first appeared in the 13th century in Europe as part of Common Law or Jus Commune, probably in France and in part to the Catholic Church's prosecution of witches and heretics.

In the 16th and 17th centuries the maxim began to become more ingrained in the legal system and were used as arguments against torture.  By the 18th and 19th centuries the saying was fairly well ingrained in Europe and the Americas in regards to criminal trials.

In 1949 the United Nations incorporated the principle in their Human Rights declaration.

Answer 2

England

Answer 3

Once upon a time as in all good fairy stories it was the law in this country. However the evil Ogre Brown and his gang are doing their best to overturn this ancient right of the British people.

Answer 4

It's the basis of English Law that has been exported throughout the empire. Saxon law and the Norse laws bought to England by the Normans had a presumption of innocence until proven guilty before a jury of your male peers.

The aristocracy could only be judged by the aristocracy etc.

Church Law, from the Holy Roman Empire had different presumption, hence the inquisition.

Answer 5

The key word is; Presumption of Innocence.

http://en.wikipedia.org/wiki/Presumption...

http://www.answers.com/topic/presumption...

The US Constitution holds this and  is based off of " Common Law "; http://en.wikipedia.org/wiki/Common_Law

Answer 6

The phrase is "presumed innocent until proven guilty" and it simply describes the burden of proof at a criminal trial.  If the prosecutor fails to prove that the defendant is guilty, then the jury must acquit.  

Answer 7

As others have said, the words or versions can be traced various legal jurisdictions. It refers to the burden of proof which lies upon the accuser and not the accused to prove his innocence.

The Magna Carta of 1215, when the  bad English King John was forced to sign the 'great document' acknowledging rights and freedoms is often taken as a starting point.



However then, as now, words mean whatever those mouthing them want them to mean. After 1215 it became recognised that silence did not mean guilt. An accused could try to remain silent thereby avoiding the trial, and the consequential confiscation of his lands and property. But it was still legal to imprison the 'innocent' and as yet 'unconvicted person' under a process: 'en le prison forte & dure', enthusiastically applied by the goalers with plenty of harshness, little food, stale water and torture. Some held out even dying to preserve their lands and property for their family and depriving the King of its confiscation which couldn't happen if they held silent and therefeore hadn't been tried. This continued for a good 50 - 60 yrs even after Magna Carta.

Modern day we have Guantanomo - with the 'water boarding'  of supposedly innocent until Guilty detainees, we have CCTV everywhere,  in the Uk even innocent people, inc. juveniles,  have their finger prints and DNA retained merely because they were once arrested on suspicion and no charges ever laid against them.

Add in media speculation pushing as far as possible pre the trial of people. Yes there are laws of defamation but only the rich can afford to enforce action - consider the Daily Mail once accusing some youths point blank of killing a person, with 'Sue us if you dare' challenge. The UK Govt continues attempts, of even up to 90 days, of detention without charge.

So where does the saying come from, words can mean whatever their utterer wants or more importantly has the power or is forced to conceed.

I think you will search for ever.

Edit: The 'sue us if you dare' refers to the murder in 1993 of Steve Lawrence. The suspects had a bad reputation but various prosecution attempts, inc a private prosecution, all failed for various reasons and the suspects are therefeore innocent under English Law. The only point I make by ref. to it is to show that  'innocent until proven Guilty' can sometimes appear a meaningless or negotiable expression. The suspects were effectively found Guilty by trial by newspaper. 'Google' Steve Lawrence murder for various details & information.