It is easy for most people to see news of an arrest and immediately assume that the defendant in question is guilty of the crime charged. There is oftentimes a “where there’s smoke there’s fire” quality to any perception of an arrest. However, most people in Virginia know that those who are accused of a crime have protections under the U.S. Constitution and the case law that has developed over the years interpreting its applicability in certain circumstances.
The presumption of innocence for defendants is one of the greatest protections there is – at least in theory. This presumption derives from the constitutional right of criminal defendants to receive a fair trial. After all, how can a trial be fair if a defendant starts from the standpoint of being presumed guilty? It is not the burden of defendants to prove their innocence.
Innocence in your case
Unfortunately, these days it can be hard to get jury members to buy in to the idea of “innocent until proven guilty.” Jury members hear about all the work that must have gone into preparing a criminal case for trial and think that is evidence in itself. They think there has to be something there for the prosecution to devote so much in resources toward a potential conviction, right?
Fortunately, jury members are specifically instructed that the prosecution has the burden to prove every element of each criminal charge. And, the burden that must be reached is quite high: Each charge must proven “beyond a reasonable doubt.” The presumption of innocence is a key factor in any case that goes to trial in Virginia. But it is not something to take for granted.