How the Presumption of Innocence Renders the Innocent Vulnerable to Wrongful Convictions

This article argues, contrary to a straightforward reading, that the presumption of innocence and accompanying principles the burden of proof on the prosecution to prove its case beyond a reasonable doubt acts in reality against the interests of those who might be innocent at every stage of the criminal justice process. This is because the „presumption‟, in effect, renders suspects of crime passive and generally inactive whilst the „burden‟ places pressure on the police and prosecution to chip away at the presumed innocent status and construct cases that might obtain a conviction, rendering innocent victims vulnerable to wrongful convictions. This signals that the presumption of innocence needs to be understood in terms of the distinction between theory and reality. As it currently works in practise the presumption does not protect against wrongful convictions as is widely supposed. In fact, it can actually facilitate them. Alternatively, reflecting on the investigative approach of the University of Bristol Innocence Project, it is argued that the innocent will be better protected against wrongful conviction only when all resources and efforts are orientated towards subjecting the evidence claimed to indicate guilt to critical interrogation to see if it can be substantiated.