CRIMINOLOGY | Criminal Justice

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Running head: CRIMINOLOGY
CRIMINOLOGY
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Introduction
There is a proverb in the system of criminal justice in all over the world that a person is
considered to be innocent until he has been proven guilty. There are many countries who have
made this presumption of innocence as one of the legal rights of an accused in any criminal trial.
Article 11 of the Universal Declaration of Human Rights under the United Nations has declared
this presumption of innocence as a human right of the accused (Baderin, and Ssenyonjo 2016).
The burden of proof of this to make an accused as a guilty is on the prosecution to prove
reasonable doubt of any criminal activity o that accused. This paper aims to critically analysis
such a principle of 'innocent until proven guilty' and its public acceptability in the system of
criminal justice.
Discussion
The principle of presumption of an accused as an innocent person until he is not proven
as a guilty is a chance for that accused to prove him innocent in that criminal case against him. It
has served to emphasize the prosecution as his responsibility to verify every element of criminal
activity of the accused beyond any reasonable doubt (Hoodridge, and Strom 2016). The accused
person of a criminal case does not bear any burden of proof to prove himself as not guilty. It has
been declared as an international human right by the United Nations, as well as by the
International Covenant on Civil and Political Rights.
Doreen J McBarnet in his thesis on "DECISION-MAKING IN MAGISTRATES'
COURTS: Law, Procedure and the Construction of Conviction" has also discussed the principle
of presumption of innocence of an accused in the system of criminal justice. In the chapter of

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'two tires of justice,' he has discussed this topic. The practical approaches of any principle and its
theoretical approaches are deferred in many times (McBarnet 1980). It has always been seen that
the accused persons have appealed to the Appellate Court for justice. Then it can be presumed
that he did not get justice from the lower court. The accused person is again can be regarded as
an innocent person in the Appellate Court. According to the author of this thesis that it has
seemed to be a new world of those legal systems in the practical field what a person has earnt
from the journals, books, televisions and films. The statistics of such systems have told a similar
story. Reliability in the philosophy or ideology of such system that the measures of justice have
been slanted to acquit ten guilty persons rather than sentencing or to convict one guiltless or
innocent man has been struggling to break such a point by the exertion of those lower courts in a
country. The conviction rates of the courts will be decreased for such non-indictable offences, as
well as in a high percentage of indictable crimes (McBarnet 1980). If a person violates the rules
and regulations of a system of criminal justice, then he should be punished. The punishment is
necessary, as it can make fear to the other persons for not to do any such crime; otherwise, he
will also be punished by the law enforcement officials, as well as by the court of law. However,
this right of an accused person is necessary as he may be trapped by the other person to do such
criminal activity. This right is a safeguard any innocent person to be caught by the original
criminal of the crime. It s a moral of the system or structure of the criminal justice that any
honest and innocent person should not be convicted and the prosecutor should be acted for the
best interest of the public at large.
Video conferencing, as well as the other related digital for communication machinery,
have been dispersed throughout various police stations, criminal courtrooms, as well as prisons
within the territory of Australia and the other countries in this advanced world (Balogh and