THE PRESUMPTION OF INNOCENCE: MATERIAL OR PROBATORY?

In all cases of penal procedure, the declared supposition is, that the party accused is innocent; and for this supposition, mighty is the laud bestowed upon one another by judges and law- writers. This supposition is at once contrary to fact, and belied by their own practice.... The defendant is not in fact treated as if he were innocent, and it would be absurd to deal by him as if he were. The state he is in is a dubious one, betwixt non- delinquency and delinquency: supposing him non- delinquent, the[n] immediately should that procedure against him drop; everything that follows is oppression and injustice. - Jeremy Bentham(1) If the presumption of innocence is not sacred in our system then what is to become of us? - Judge Reta Strubhar (Oklahoma Court of Criminal Appeals)(2)