The Presumption of Innocence (VCE SSCE Legal Studies): Flashcards
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Presumption of innocence
Presumption of innocence
Treated as not guilty until proven guilty beyond reasonable doubt
'Accused' vs 'Offender' distinction
'Accused' vs 'Offender' distinction
Accused before conviction; offender after guilty verdict/plea
Beyond reasonable doubt
Beyond reasonable doubt
Criminal standard of proof - very high degree of certainty required
Burden of proof in criminal cases
Burden of proof in criminal cases
Prosecution must prove guilt; accused never proves innocence
International protection of presumption of innocence
International protection of presumption of innocence
International Covenant on Civil and Political Rights (1966)
Victorian protection of presumption of innocence
Victorian protection of presumption of innocence
Charter of Human Rights and Responsibilities Act 2006 (Vic)
Right to silence protection
Right to silence protection
Silence cannot be interpreted as evidence of guilt
Previous convictions during trial
Previous convictions during trial
Cannot be revealed until after guilty verdict and sentencing
Decision-makers for summary vs indictable offences
Decision-makers for summary vs indictable offences
Magistrates for summary; juries for indictable offences
Counter-Terrorism Act 2019 effect on presumption
Counter-Terrorism Act 2019 effect on presumption
Reverses burden of proof - accused must prove they're not a threat