California, United States of America
The following excerpt is from People v. Vera, (Cal. App. 2013):
The law states that a presumption of innocence instruction merely offers an additional safeguard beyond the required reasonable doubt instruction. (Arizona v. Fulminante, supra, 499 U.S. at p. 291.) At the same time, the law also says the presumption of innocence standard is the bedrock and foundation of the administration of our criminal law, and due process "protects the accused against conviction except upon proof beyond a reasonable doubt." (In re Winship (1970) 397 U.S. 358, 364.) Thus, satisfactory instructions on the presumption of innocence depend upon satisfactory instructions on the burden of proof, and vice versa. Unfortunately the court provided unsatisfactory instructions for both underpinnings of our criminal justice system.
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