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CNSNews
CNSNews.com
31 Mar 2023


NextImg:Pelosi Writes That Trials Are About 'Proving Innocence' (Rather Than Proving Guilt)

News of Donald Trump's indictment prompted a slew of reaction on Thursday evening, including a faulty tweet from former House Speaker and Trump foe Nancy Pelosi:

"The Grand Jury has acted upon the facts and the law," Pelosi tweeted:

"No one is above the law, and everyone has the right to a trial to prove innocence.

"Hopefully, the former President will peacefully respect the system, which grants him that right."

Uh, trials are not about "proving innocence." In our system of justice, defendants are presumed innocent until they are proven guilty.

Twitter added a footnote to Pelosi's tweet, saying:

"Readers added context they thought people might want to know. Ms. Pelosi mistakenly says that Trump can prove his innocence at trial. Law in the US assumes the innocence of a defendant and the prosecution must prove guilt for a conviction."

The note links to an article at Cornell Law School's Legal Information Institute, which explains:

"A presumption of innocence means that any defendant in a criminal trial is assumed to be innocent until they have been proven guilty. As such, a prosecutor is required to prove beyond a reasonable doubt that the person committed the crime if that person is to be convicted. To do so, proof must be shown for every single element of a crime.

"That being said, a presumption of innocence does not guarantee that a person will remain free until their trial has concluded. In some circumstances, a person can be held in custody.

"The presumption of innocence is not guaranteed in the U.S. Constitution. However, through statutes and court decisions–such as the U.S. Supreme Court case of Taylor v. Kentucky–it has been recognized as one of the most basic requirements of a fair trial."