Presumption of innocence" serves to emphasize that the prosecution has the obligation to prove each element of the offense beyond a reasonable doubt (or some other level of proof depending on the criminal justice system) and that the accused bears no burden of proof.[21] This is often expressed in the phrase innocent until proven guilty, coined by the English lawyer Sir William Garrow (1760–1840).[22] Garrow insisted that accusers be robustly tested in court. An objective observer in the position of the juror must reasonably conclude that the defendant almost certainly committed the crime.[23]
The presumption of innocence is in fact a legal instrument created by the French cardinal and jurist Jean Lemoine to favor the accused based on the legal inference that most people are not criminals.[24] It is literally considered favorable evidence for the accused that automatically attaches at trial.[25] It requires that the trier of fact, be it a juror or judge, begin with the presumption that the state is unable to support its assertion.[24] To ensure this legal protection is maintained a set of three related rules govern the procedure of criminal trials. The presumption means:[21]