Trial is NOT a Chance “to Prove Your Innocence.”
I heard a judge recently tell someone that a jury trial is your “opportunity to prove your innocence.” The judge is flat-out wrong.
As I waited for my client’s case to be called, I listened as the judge (a district court judge who should know better) explain the rights that were being waived by the person who was about to enter a guilty plea.
The best criminal defense attorneys insist on fair courtroom procedures that respect clients’ rights.
Presumption of Innocence in Criminal Cases
Fundamental constitutional principles of the American criminal justice system require that a jury (or judge if it is a bench trial) begin with the presumption that the person charged is innocent. Judges in Utah criminal trials regularly instruct jurors on the concept.
Rule CR102 of the Model Utah Jury Instructions (MUJI 2d) states clearly, “The prosecution must prove each element beyond a reasonable doubt. Until then, you must presume that the defendant is not guilty. The defendant does not have to prove anything.”
Not Just Fumbling for Words
The concept is so foundational that I was quite surprised to hear what the judge was saying. It didn’t seem like a mere slip of the tongue. The judge did not seem to lose his train of thought or fumble for words. The statement sounded very intentional.
The best attorneys understand that the effects of a criminal charge extend beyond the courtroom.
Phrases like “presumed innocent” and “presumption of innocence” are used so frequently in the criminal courts, that seems hard to imagine someone slipping up and saying “prove your innocence” by accident.
Think of a spouse who gets ready for work one morning, then turns as he opens the door to leave and says “I hate you” rather than the expected “I love you.” It’s hard to chalk it up to just a slip of the tongue.
Just try to imagine a police officer who makes an arrest and then begins the Miranda warnings by saying, “You have an obligation to confess. Any confession you make can and will be used against you.”
A successful defense strategy starts with an understanding of your goals and needs.
This is Really Basic – Criminal Law 101
I am sure that this judge understands, on an intellectual level, the concepts of proof beyond a reasonable doubt, presumption of innocence, burden of proof, and burden of persuasion. But the statement this judge made does raise questions about how firmly this judge accepts and believes in the principles behind the words.
Bench Trial or Jury Trial?
There are lots of judges with good reputations for conducting a fair trial, whether it be a jury trial or a bench trial. But hearing a judge explain that trial is the accused person’s opportunity to prove their innocence makes one appreciate the constitution, and its guarantee of the right to have one’s criminal decided by a jury of one’s peers.
