法律英语：92 Presumption of Innocence

by Michael W. Flynn

First, a disclaimer: Although I am an attorney, the legal information in this podcast is not intended to be a substitute for seeking personalized legal advice from an attorney licensed¹ to practice in your jurisdiction². Further, I do not intend to create an attorney-client relationship with any listener.

Today, I will discuss two topics: the presumption³ of innocence⁴, and witness credibility. These two topics are implicated⁵ in a question from one of my favorite listeners, Nick:

I was recently given a parking ticket while parked in a legal space. I contested the ticket at town hall and got it reversed, but I worried about having to go to court. It seems that in the case of a ticket, defendants⁶ are guilty unless they can prove themselves innocent. My mom, who has taken tickets to court, says that if it just comes down to your word against the officer's, the court will usually trust the officer. Isn't this a reversal of the principle of "innocent until proven guilty?" Or is an officer's word considered proof?
Thanks again Nick. First, I will address the presumption of innocence. Many countries have enacted⁸ laws, or expressly provided in their constitutions that an accused is innocent until proven guilty. But, the U.S. Constitution does not expressly state this maxim⁹. Rather, scholars posit¹⁰ that it has been implied from the Fifth and Fourteenth Amendments¹¹' guarantee of due process of law, and the Sixth Amendment's general guarantee to a fair trial.

The Supreme¹² Court has also interpreted this presumption of innocence to go hand in hand with the prosecution's burden to prove that you are guilty beyond a reasonable doubt. For example, assume you are on trial for stealing a car and driving it across state lines. Before the trial, you are still technically¹³ not guilty because the government has not proven your guilt⁷ beyond a reasonable doubt. At trial, if the government brings forth¹⁴ evidence that you stole the car, but neglects to bring forth evidence that you drove the car across state lines, then the government has failed to prove you are guilty beyond a reasonable doubt. The presumption of innocence remains¹⁵, and you are found not guilty.

Next, let's turn to Nick's question about the parking ticket. First, please note that not all states consider minor¹⁶ traffic offenses¹⁸ to be criminal matters and those states do not require the stringent¹⁹ beyond a reasonable doubt standard. Some states consider parking tickets a civil penalty and use a "preponderance" standard. Under that standard, the government only needs to show that it is more likely than not that you committed the traffic offense¹⁷. Regardless of the standard, the burden remains on the government to show that you indeed committed the offense charged.

The government does this by producing evidence in the form of the police report, the ticket, the officer's testimony²⁰, photographs, or other witnesses' testimony. You may try to defeat the charge against you by introducing your own evidence. Again, this may be your own testimony, photographs you take, other witnesses' testimony, etc. You may also try to show the judge or the jury that the police officer is not credible²¹. That is, that he should not be believed. You can do this by trying to show that the officer does not remember the incident very well, or has bad eyesight, or perhaps holds a personal grudge²² against you and only ticketed you out of spite.

Nick's question hits this issue squarely on the head. When the judge "usually trust[s] the officer," the judge is performing a credibility analysis. The judge is deciding that the officer's version of the story is simply more believable than yours. The judge might base this on the fact that the officer is a professional who is trained in identifying violations²⁴ of the law, or that the officer has no personal stake in the case like you do. While the officer's testimony is not "proof," it is evidence that the judge may consider.

If the judge decides that the officer's testimony is more credible than yours, then there exists enough evidence that you indeed violated the traffic law. The government has put forth enough evidence to meets its burden to show that you violated the law. This is not a reversal of the presumption of innocence, but rather the judge making a credibility finding.

This distinction does not make many people feel better; it still seems that you are presumed guilty. In practice, once an officer thinks you have violated a traffic rule, you are toast because it will be difficult to make the judge think you are more credible than the officer. The best way to proceed in a traffic violation²³ case is to gather as much evidence as you can at the scene. Take photographs, ask nearby witnesses for their thoughts and take their contact information. If you can mount enough evidence, then you have a chance at discrediting²⁵ the officer and winning your case.

Thank you for listening to Legal Lad's Quick and Dirty Tips for a More Lawful²⁶ Life. You can send questions and comments to。。。。。。or call them in to the voicemail line at 206-202-4LAW. Please note that doing so will not create an attorney-client relationship and will be used for the purposes of this podcast only.

Legal Lad's theme music is "No Good Layabout" by Kevin MacLeod.

 

1 licensed   

adj.得到许可的v.许可，颁发执照(license的过去式和过去分词)

参考例句：

• The new drug has not yet been licensed in the US. 这种新药尚未在美国获得许可。
• Is that gun licensed? 那支枪有持枪执照吗？

2 jurisdiction   

n.司法权，审判权，管辖权，控制权

参考例句：

• It doesn't lie within my jurisdiction to set you free.我无权将你释放。
• Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。

3 presumption   

n.推测，可能性，冒昧，放肆，[法律]推定

参考例句：

• Please pardon my presumption in writing to you.请原谅我很冒昧地写信给你。
• I don't think that's a false presumption.我认为那并不是错误的推测。

4 innocence   

n.无罪；天真；无害

参考例句：

• There was a touching air of innocence about the boy.这个男孩有一种令人感动的天真神情。
• The accused man proved his innocence of the crime.被告人经证实无罪。

5 implicated   

adj.密切关联的；牵涉其中的

参考例句：

• These groups are very strongly implicated in the violence. 这些组织与这起暴力事件有着极大的关联。 来自《简明英汉词典》
• Having the stolen goods in his possession implicated him in the robbery. 因藏有赃物使他涉有偷盗的嫌疑。 来自《现代汉英综合大词典》

6 defendants   

被告( defendant的名词复数 )

参考例句：

• The courts heard that the six defendants had been coerced into making a confession. 法官审判时发现6位被告人曾被迫承认罪行。
• As in courts, the defendants are represented by legal counsel. 与法院相同，被告有辩护律师作为代表。 来自英汉非文学 - 政府文件

7 guilt   

n.犯罪；内疚；过失，罪责

参考例句：

• She tried to cover up her guilt by lying.她企图用谎言掩饰自己的罪行。
• Don't lay a guilt trip on your child about schoolwork.别因为功课责备孩子而使他觉得很内疚。

8 enacted   

制定（法律），通过（法案）( enact的过去式和过去分词 )

参考例句：

• legislation enacted by parliament 由议会通过的法律
• Outside in the little lobby another scene was begin enacted. 外面的小休息室里又是另一番景象。 来自英汉文学 - 嘉莉妹妹

9 maxim   

n.格言，箴言

参考例句：

• Please lay the maxim to your heart.请把此格言记在心里。
• "Waste not,want not" is her favourite maxim.“不浪费则不匮乏”是她喜爱的格言。

10 posit   

v.假定，认为

参考例句：

• If she needs salvation,she will posit a savior.如果她需要救助，她就会设想一个救助者。
• Other historians posit that she died of old age around 550 BC.别的史学家则认为她一直活到公元前550年左右才寿终正寝。

11 amendments   

（法律、文件的）改动( amendment的名词复数 )； 修正案； 修改； （美国宪法的）修正案

参考例句：

• The committee does not adequately consult others when drafting amendments. 委员会在起草修正案时没有充分征求他人的意见。
• Please propose amendments and addenda to the first draft of the document. 请对这个文件的初稿提出修改和补充意见。

12 supreme   

adj.极度的，最重要的；至高的，最高的

参考例句：

• It was the supreme moment in his life.那是他一生中最重要的时刻。
• He handed up the indictment to the supreme court.他把起诉书送交最高法院。

13 technically   

adv.专门地，技术上地

参考例句：

• Technically it is the most advanced equipment ever.从技术上说，这是最先进的设备。
• The tomato is technically a fruit,although it is eaten as a vegetable.严格地说，西红柿是一种水果，尽管它是当作蔬菜吃的。

14 forth   

adv.向前；向外，往外

参考例句：

• The wind moved the trees gently back and forth.风吹得树轻轻地来回摇晃。
• He gave forth a series of works in rapid succession.他很快连续发表了一系列的作品。

15 remains   

n.剩余物，残留物；遗体，遗迹

参考例句：

• He ate the remains of food hungrily.他狼吞虎咽地吃剩余的食物。
• The remains of the meal were fed to the dog.残羹剩饭喂狗了。

16 minor   

adj.较小(少)的，较次要的；n.辅修学科；vi.辅修

参考例句：

• The young actor was given a minor part in the new play.年轻的男演员在这出新戏里被分派担任一个小角色。
• I gave him a minor share of my wealth.我把小部分财产给了他。

17 offense   

n.犯规，违法行为；冒犯，得罪

参考例句：

• I hope you will not take any offense at my words. 对我讲的话请别见怪。
• His words gave great offense to everybody present.他的发言冲犯了在场的所有人。

18 offenses   

n.进攻( offense的名词复数 )；（球队的）前锋；进攻方法；攻势

参考例句：

• It's wrong of you to take the child to task for such trifling offenses. 因这类小毛病责备那孩子是你的不对。 来自《简明英汉词典》
• Thus, Congress cannot remove an executive official except for impeachable offenses. 因此，除非有可弹劾的行为，否则国会不能罢免行政官员。 来自英汉非文学 - 行政法

19 stringent   

adj.严厉的；令人信服的；银根紧的

参考例句：

• Financiers are calling for a relaxation of these stringent measures.金融家呼吁对这些严厉的措施予以放宽。
• Some of the conditions in the contract are too stringent.合同中有几项条件太苛刻。

20 testimony   

n.证词；见证，证明

参考例句：

• The testimony given by him is dubious.他所作的证据是可疑的。
• He was called in to bear testimony to what the police officer said.他被传入为警官所说的话作证。

21 credible   

adj.可信任的，可靠的

参考例句：

• The news report is hardly credible.这则新闻报道令人难以置信。
• Is there a credible alternative to the nuclear deterrent?是否有可以取代核威慑力量的可靠办法？

22 grudge   

n.不满，怨恨，妒嫉；vt.勉强给，不情愿做

参考例句：

• I grudge paying so much for such inferior goods.我不愿花这么多钱买次品。
• I do not grudge him his success.我不嫉妒他的成功。

23 violation   

n.违反(行为)，违背(行为)，侵犯

参考例句：

• He roared that was a violation of the rules.他大声说，那是违反规则的。
• He was fined 200 dollars for violation of traffic regulation.他因违反交通规则被罚款200美元。

24 violations   

违反( violation的名词复数 )； 冒犯； 违反（行为、事例）； 强奸

参考例句：

• This is one of the commonest traffic violations. 这是常见的违反交通规则之例。
• These violations of the code must cease forthwith. 这些违犯法规的行为必须立即停止。

25 discrediting   

使不相信( discredit的现在分词 )； 使怀疑； 败坏…的名声； 拒绝相信

参考例句：

• It has also led to the discrediting of mainstream macroeconomics. 它还使得人们对主流宏观经济学产生了怀疑。

26 lawful   

adj.法律许可的，守法的，合法的

参考例句：

• It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
• We don't recognised him to be the lawful heir.我们不承认他为合法继承人。