How do you tell six jurors in a magistrate court criminal trial about the presumption of innocence and what the presumption of innocence means when a person is on trial in America?
In my opening statement in a recent magistrate court trial in Horry County, South Carolina, I told the jurors about the presumption of innocence. I told them that my client was presumed innocent, that they must presume my client was innocent, and that presumption would last throughout the trial until they retired to deliberate and examine the evidence at the end of the trial.
I told them that the presumption of innocence is like the seventh juror, sitting in the jury box with them throughout the trial and in the jury room during deliberations. What does the presumption of innocence have to say?
During the trial, the seventh juror says, “We must listen impartially, knowing that this person is presumed innocent.”
In deliberations, whenever the jurors are attempting to resolve an issue, the seventh juror says, “When there is a reasonable question of guilt, we must resolve it in favor of the defendant and find him or her not guilty.”
What is the Presumption of Innocence?
The presumption of innocence isn’t just an empty idea that defense lawyers talk about. It’s a legal requirement that must be applied in every criminal trial in America, whether it is a speeding ticket, a DUI charge, or a murder prosecution.
It’s a legal requirement that the judge will always explain to jurors, preferably at the start of trial and at the close of trial before deliberations, that the defense lawyer should always explain to jurors at the start of trial, and that the prosecutor is also advised to discuss with the jurors at the start of trial.
It means that every person who is accused of a crime in America is innocent – we must assume they are innocent – unless a prosecutor presents sufficient evidence at trial to prove beyond any reasonable doubt that the accused person is guilty.
Is the Presumption of Innocence in the Constitution?
You won’t find the words “every defendant is afforded the presumption of innocence” in the US Constitution.
The United States Supreme Court has, however, repeatedly recognized that it is a constitutional right and one of the most basic requirements of a fair trial. For example, in Taylor v. Kentucky in 1978, the US Supreme Court found that a trial court’s refusal to give a jury instruction on the presumption of innocence was a violation of due process under the Fourteenth Amendment.
The Constitutional Basis for the Presumption of Innocence
Below, I’ll cover some examples of why the presumption of innocence is a constitutional right and how it applies to criminal proceedings in US and SC courtrooms.
The Fifth Amendment
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
The Bill of Rights provides protections for all persons in America against the abuse of government power.
The Fifth Amendment specifically mandates that the government cannot deprive any person of life, liberty, or property without due process of law. The government’s deprivation of life, liberty, or property must be justified publicly through a legal process that is fair and uniformly applied to all who are accused of crimes.
Under the Fifth Amendment, no one can be forced to testify against themselves. If there is a presumption of innocence, that means the burden of proof is always on the government to prove its case. Jurors cannot even consider the fact that a defendant did not testify or did not provide evidence at trial, because the defendant cannot be required to give evidence against themselves.
The Sixth Amendment
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
The Sixth Amendment includes the right to:
- a speedy trial,
- a public trial,
- a trial by jury,
- notice of the accusations,
- subpoena witnesses,
- cross-examine witnesses, and
- defense counsel.
All of these taken together provide a framework for a fair trial that presupposes innocence and requires strict proof of the accusations before a court can convict a person of a crime.
The Fourteenth Amendment
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
In Taylor v. Kentucky, the Supreme Court held that trial courts must explain the presumption of innocence to jurors, and to refuse a valid jury instruction on the presumption of innocence is a violation of the defendant’s due process rights under the Fourteenth Amendment – no state shall deprive any person of life, liberty, or property without due process.
As part of that jury instruction, the court will explain to jurors that the burden of proof is always on the state, the jurors must not draw any inference of guilt from the fact that the defendant is charged with a crime, the jurors’ decision must be based solely on the evidence presented during the trial, and the jurors must not begin their deliberations until all evidence has been presented and they retire for deliberations.
In my recent magistrate court trial, the judge gave the standard jury instructions, including an explanation of the presumption of innocence.
I also did my best to explain the presumption of innocence, explaining that the presumption of innocence is like a seventh juror, sitting with them throughout the case.
During the trial, the seventh juror says, “We must listen impartially, knowing that this person is presumed innocent.”
In deliberations, whenever the jurors are attempting to resolve an issue, the seventh juror says, “When there is a reasonable question of guilt, we must resolve it in favor of the defendant and find him or her not guilty.”
Maybe taking the time to talk about these issues with the jurors helps, because, in this case, a jury of six good people understood and acquitted my client.
Questions About the Presumption of Innocence?
If you have been charged with DUI, DUAC, or another DUI-related offense in Myrtle Beach, Conway, or anywhere in the Horry County area, you may have valid defenses to the charge, or there may be grounds to get your case dismissed. You may also have strict deadlines to request an administrative hearing if you have an implied consent suspension…
Contact Conway, SC, DUI Lawyer Johnny Gardner now at (843) 248-7135 for a free consultation to find out how we can help.
