Discussion»Statements»Rosie's Corner» A murder is caught on TV and taped. The killer is clearly identifiable. Does he/she still enjoy the presumption of innocence? How and why?
It might help to think of "presumption of innocence" as a category that people who are suspected of committing a crime are placed until they are officially declared either "not guilty" or "guilty" by a court of law.
Since a defendant is "presumed innocent" (the category), he has certain rights that proceed from being in that category, to wit:
Due to the presumption of innocence, a person cannot be compelled to confess guilt or give evidence against him/herself. It is for the state to produce evidence of guilt, not for the defendant to prove innocence. In general, therefore, a suspect’s silence should not be used as evidence of guilt.