n South African Law Journal - Four threats to the presumption of innocence

Abstract

The presumption of innocence, which places the burden of proof in criminal proceedings on the prosecution, is to be found in most declarations of human rights and constitutional bills of rights. But it is under attack, and the purpose of the lecture was to examine the justifications for confining the presumption, for eroding it through exceptions, for evading it, and for side-stepping it. How strong are the various arguments of public policy and crime control that are often said to support these threats to the presumption of innocence?