The idea of "innocent until proven guilty" is sometimes thrown around as an example of American exceptionalism, but it turns out that this is in fact the standard used in most of the world. There seem to be quite a few countries where there are fewer protections for criminal defendants, but I can't find any where "guilty until proven innocent" is literally the case.
I would define a "guilty until proven innocent" legal regime as incorporating most, if not all, of the following criteria:
- The contents of an indictment or other formal accusation are presumed true unless specifically rebutted in a court of law.
- Defendants in court who plead Not Guilty are required to prove their innocence in order to obtain an acquittal.
- Simply disproving the prosecution's evidence is insufficient for an acquittal unless the defendant also affirmatively proves their innocence.
Are there any jurisdictions anywhere in the world where "guilty until proven innocent" is the rule for criminal cases?
Just to be clear, I'm not asking for examples of jurisdictions that are not as friendly to defendants (e.g. hearsay is admissible, no doctor-patient privilege, trial by jury not guaranteed, expanded authority of judges to issue search warrants, no right to a "speedy" trial, etc.), but something more approaching, "Oh no, John accused me of breaking into his garage. If I can't affirmatively prove to a jury that I was in America all of last month and couldn't have broken into his garage here in Ruritania, I'm going to prison!"