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This principal is not in the Constitution, Declaration of Independence, or any other founding document of the United States. It was already an unwritten tenant of English Common Law. The phrase entered US law through a Supreme Court decision which reversed a lower court because the jury had not been instructed "The law presumes that persons charged with crime are innocent until they are proven by competent evidence to be guilty" in 1894.

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15y ago
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13y ago

the Fifth Amendment

It is very important for you to know your rights if you are ever charged with a crime. You have the right to obtain legal representation and, if you are questioned, you have the right to remain silent until you have spoken with an attorney. If you cannot afford an attorney, your rights also guarantee that one will be appointed to you by the government. In addition, you have the right to know the charges against you.

Once you are notified of your charges, the Fifth Amendment of the Constitution protects you from self-incrimination, which allows you to refuse to testify during your trial. You may also confront any witnesses who are testifying against you and collect your own witnesses and evidence.

Your rights also protect you from unreasonable search and seizure-meaning the government must have a search warrant in order to search your private property. If evidence was collected illegally, it cannot be used against you in court.

Finally, you have the right to be tried by a jury of your peers if you desire. Individuals who are charged with serious crimes also must be indicted by a grand jury before their case goes before the court.

Because you are innocent until proven guilty, the prosecution must prove your guilt beyond a reasonable doubt. In other words, once all of the evidence against you is considered, no reasonable person should be able to question your guilt-otherwise, you cannot be found guilty. You also cannot be charged with the same crime twice.

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13y ago

Not the actual phrase, "innocent until proven guilty"

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12y ago

The 5th and 6th amendments. But it is not actually stated...

you are innocent till proven guilty

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Q: Is innocent until proven guilty in the Constitution?
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