presumption of innocence 无罪推定 刑法中的一项基本原则，它的基本含义是受到犯罪指控的被告人应当被假定为是无罪的，除非他自己承认有罪或者有合法的证据能够排除合理怀疑地证明他是有罪的。依据该原则，如果没有证据证明被告人有罪，应将被告人释放；控诉方承担证明被告人有罪的责任，且证明应该达到排除合理怀疑的程度；被告人不承担证明自己无罪的责任，但是如果被告人提出不在犯罪现场〔alibi〕、行为时精神失常、正当防卫等辩护理由的，应当提供证据证明其辩护理由成立。但是，制定法也会规定在某些特定的情况下推定某种行为(例如，持有毒品)构成犯罪，并要求被告人承担证明自己无罪的责任。
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innocence, n. The absence of guilt; esp., freedom from guilt for a particular offense. Cf. GUILT. actual innocence. Criminal law. The absence of facts that are prerequisites for the sentence given to a defendant. • In death-penalty cases, actual innocence is an exception to the cause-and-prejudice rule, and can result in a successful challenge to
Criminal law. The absence of one or more procedural or legal bases to support the sentence given to a defendant. • In the context of a petition for writ of habeas corpus or other attack on the sentence, legal innocence is often contrasted with actual innocence. Actual innocence, which focuses on the facts underlying the
presumption of innocence. Criminal law. The fundamental principle that a person may not be convicted of a crime unless the government proves guilt beyond a reasonable doubt, without any burden placed on the accused to prove innocence. [Cases: Criminal Law 308; Evidence 60. C.J.S. Criminal Law § 697; Evidence §§ 146, 150, 179.]
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Criminal law. The absence of facts that are prerequisites for the sentence given to a defendant. • In death-penalty cases, actual innocence is an exception to the cause-and-prejudice rule, and can result in a successful challenge to the death sentence on the basis of a defense that was not presented to the trial court. The
finding of fact. A determination by a judge, jury, or administrative agency of a fact supported by the evidence in the record, usu. presented at the trial or hearing (he agreed with the jury’s finding of fact that the driver did not stop before proceeding into the intersection). — Often shortened to finding. See FACT-FINDER.
appeal of felony. Hist. A procedure by which a person accused another of a crime, demanded proof of innocence by wager of battle, or informed against an accomplice. — Also termed appellum de felonia.
A proceeding instituted to determine a person’s guilt or innocence or to set a convicted person’s punishment; a criminal hearing or trial.
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infirmative hypothesis. Criminal law. An approach to a criminal case in which the defendant’s innocence is assumed, and incriminating evidence is explained in a manner consistent with that assumption.
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