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Great Vowel Shift
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History and description of
English pronunciation
Historical stages
Old English
Middle English
Modern English
General development
Overview
In Old English
In Scots
Development of vowels
Overview
Great Vowel Shift
High front
A
Low back
High back
Diphthongs
Pre-L
Pre-R
Development of consonants
Single consonants
Clusters
Variable features
Rhoticity
Flapping
L-vocalization
T-glottalization
TH
R
WH
Related topics
History of English
Spelling
v
t
e
The Great Vowel Shift was a major series of changes in the pronunciation of the English language that took place, beginning in southern England, primarily between 1350 and the 1600s and 1700s,[1][2] today influencing effectively all dialects of English. Through this vowel shift, all Middle English long vowels changed their pronunciation. In addition, some consonant sounds changed as well, particularly those that became silent; the term Great Vowel Shift is sometimes used to include these consonant changes as well.
English spelling was first becoming standardized in the 15th and 16th centuries, and the Great Vowel Shift is responsible for the fact that English spellings now often strongly deviate in their representation of English pronunciations.[3] The Great Vowel Shift was first studied by Otto Jespersen (1860–1943), a Danish linguist and Anglicist, who coined the term.[4]
Contents
1 Causes
2 Overall changes
3 Details
3.1 Middle English vowel system
3.2 Changes
3.3 First phase
3.4 Second phase
3.5 Later mergers
4 Northern English and Scots
5 Exceptions
6 Related consonant changes
7 Spelling
8 See also
9 Notes
10 Sources
10.1 References
10.2 Bibliography
11 External links
Causes[edit]
The causes of the Great Vowel Shift have been a source of intense scholarly debate and as yet there is no firm consensus. The greatest changes occurred during the 15th and 16th centuries. Some scholars[who?] have argued that the rapid migration of peoples from northern England to the southeast following the Black Death caused a mixing of accents that forced a change in the standard London vernacular. Others argue that the influx of French loanwords was a major factor in the shift.[5] Yet others assert that because of the increasing prestige of French pronunciations among the middle classes (perhaps related to the English aristocracy's switching from French to English around this time), a process of hypercorrection may have started a shift that unintentionally resulted in vowel pronunciations that were less like French instead of more.[6] An opposing theory states that the wars with France and general anti-French sentiments caused hypercorrection in order to deliberately make English sound less like French.[7]
Overall changes[edit]
This article contains IPA phonetic symbols. Without proper rendering support, you may see question marks, boxes, or other symbols instead of Unicode characters. For an introductory guide on IPA symbols, see Help:IPA.
The main difference between the pronunciation of Middle English in the year 1400 and Modern English (Received Pronunciation) is in the value of the long vowels. Long vowels in Middle English had "continental" values, much like those in Italian and Standard German, but in standard Modern English, they have entirely different pronunciations.[8] These differing pronunciations of English vowel letters do not stem from the Great Shift as such, but from the fact that English spelling failed to be adapted to the changes. In fact, German had undergone vowel changes quite similar to the Great Shift in a slightly earlier period, but the spelling was changed accordingly (e.g. Middle High German bīzen → modern German beißen "to bite").
Word
Vowel pronunciation
Late Middle English
before the GVS
Modern English
after the GVS
bite
/iː/ /aɪ/
meet
/eː/ /iː/
meat
/ɛː/
mate
/aː/ /eɪ/
out
/uː/ /aʊ/
boot
/oː/ /uː/
boat
/ɔː/ /oʊ/
This timeline shows the main vowel changes that occurred between late Middle English in the year 1400 and Received Pronunciation in the mid-20th century by using representative words. The Great Vowel Shift occurred in the lower half of the table, between 1400 and 1600~1700. The changes that happened after 1700 are not considered part of the Great Vowel Shift. Pronunciation is given in the International Phonetic Alphabet:[9]
Details[edit]
Middle English vowel system[edit]
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Before the Great Vowel Shift, Middle English in Southern England had seven long vowels, /iː eː ɛː aː ɔː oː uː/. The vowels occurred in the words bite, meet, meat, mate, boat, boot, out and many more.
Southern Middle English
vowel system
front
back
close
/iː/: bite /uː/: out
close-mid
/eː/: meet /oː/: boot
open-mid
/ɛː/: meat /ɔː/: boat
open
/aː/: mate —
The words had very different pronunciations in Middle English from their pronunciations in Modern English. Long i in bite was pronounced as /iː/ so Middle English bite sounded like Modern English beet /biːt/; long e in meet was pronounced as /eː/ so Middle English meet sounded similar to Modern English mate /meɪt/; long a in mate was pronounced as /aː/, with a vowel like Scottish English ah in father [faːðər] or General American short o in cot /kät/; and long o in boot was pronounced as /oː/, similar to modern oa in General American boat /oʊ/. In addition, Middle English had a long /ɛː/ in beat, like modern short e in bed but pronounced longer, and a long /ɔː/ in boat.
Changes[edit]
After around 1300, the long vowels of Middle English began changing in pronunciation. The two close vowels, /iː uː/, became diphthongs (vowel breaking), and the other five, /eː ɛː aː ɔː oː/, underwent an increase in tongue height (raising).
They occurred over several centuries and can be divided into two phases. The first phase affected the close vowels /iː uː/ and the close-mid vowels /eː oː/: /eː oː/ were raised to /iː uː/, and /iː uː/ became the diphthongs /ei ou/ or /əi əu/.[10] The second phase affected the open vowel /aː/ and the open-mid vowels /ɛː ɔː/: /aː ɛː ɔː/ were raised, in most cases changing to /eː iː oː/.[11]
The Great Vowel Shift changed vowels without merger so Middle English before the vowel shift had the same number of vowel phonemes as Early Modern English after the vowel shift. After the Great Vowel Shift, some vowel phonemes began merging. Immediately after the Great Vowel Shift, the vowels of meet and meat were different, but they are merged in Modern English, and both words are pronounced as /miːt/. However, during the 16th and the 17th centuries, there were many different mergers, and some mergers can be seen in individual Modern English words like great, which is pronounced with the vowel /eɪ/ as in mate rather than the vowel /iː/ as in meat.[12]
This is a simplified picture of the changes that happened between late Middle English and today's English. Pronunciations in 1400, 1500, 1600, and 1900 are shown.[8] To hear recordings of the sounds, click the phonetic symbols.
Word
Vowel pronunciation
Soundfile
late ME
EModE
ModE
1400
1500
1600
1900
bite
/iː/ /ei/ /ɛi/ /aɪ/
meet
/eː/ /iː/ /iː/
meat
/ɛː/ /eː/ /iː/
mate
/aː/ /æː/ /ɛː/ /eɪ/
out
/uː/ /ou/ /ɔu/ /aʊ/
boot
/oː/ /uː/ /uː/
boat
/ɔː/ /oː/ /oʊ/
Before labial consonants and also after /j/,[13] /uː/ did not shift, and /uː/ remains as in soup and room (its Middle English spelling was roum).
First phase[edit]
The first phase of the Great Vowel Shift affected the Middle English close-mid vowels /eː oː/, as in beet and boot, and the close vowels /iː uː/, as in bite and out. The close-mid vowels /eː oː/ became close /iː uː/, and the close vowels /iː uː/ became diphthongs. The first phase was complete in 1500, meaning that by that time, words like beet and boot had lost their Middle English pronunciation, and were pronounced with the same vowels as in Modern English. The words bite and out were pronounced with diphthongs, but not the same diphthongs as in Modern English.[10]
First phase of the Great Vowel Shift
Word
Vowel pronunciation
1400
1550
bite
/iː/ /ɛi/
meet
/eː/ /iː/
out
/uː/ /ɔu/
boot
/oː/ /uː/
Scholars agree that the Middle English close vowels /iː uː/ became diphthongs around the year 1500, but disagree about what diphthongs they changed to. According to Lass, the words bite and out after diphthongization were pronounced as /beit/ and /out/, similar to American English bait /beɪt/ and oat /oʊt/. Later, the diphthongs /ei ou/ shifted to /ɛi ɔu/, then /əi əu/, and finally to Modern English /aɪ aʊ/.[10] This sequence of events is supported by the testimony of orthoepists before Hodges in 1644.
However, many scholars such as Dobson (1968), Kökeritz (1953), and Cercignani (1981) argue for theoretical reasons that, contrary to what 16th-century witnesses report, the vowels /iː uː/ were actually immediately centralized and lowered to /əi əu/.[nb 1]
Evidence from northern English and Scots (see below) suggests that the close-mid vowels /eː oː/ were the first to shift. As the Middle English vowels /eː oː/ were raised towards /iː uː/, they forced the original Middle English /iː uː/ out of place and caused them to become diphthongs /ei ou/. This type of sound change, in which one vowel's pronunciation shifts so that it is pronounced like a second vowel, and the second vowel is forced to change its pronunciation, is called a push chain.[14]
However, according to professor Jürgen Handke, for some time, there was a phonetic split between words with the vowel /iː/ and the diphthong /əi/, in words where the Middle English /iː/ shifted to the Modern English /aɪ/. For an example, high was pronounced with the vowel /iː/, and like and my were pronounced with the diphthong /əi/.[15] Therefore, for logical reasons, the close vowels /iː uː/ could have diphthongized before the close-mid vowels /eː oː/ raised. Otherwise, high would probably rhyme with thee rather than my. This type of chain is called a drag chain.
Second phase[edit]
The second phase of the Great Vowel Shift affected the Middle English open vowel /aː/, as in mate, and the Middle English open-mid vowels /ɛː ɔː/, as in meat and boat. Around 1550, Middle English /aː/ was raised to /æː/. Then, after 1600, the new /æː/ was raised to /ɛː/, with the Middle English open-mid vowels /ɛː ɔː/ raised to close-mid /eː oː/. [11]
Second phase of the Great Vowel Shift
Word
Vowel pronunciation
1400
1550
1640
meat
/ɛː/ /ɛː/ /eː/
mate
/aː/ /aː/, /æː/ /ɛː/
boat
/ɔː/ /ɔː/ /oː/
Later mergers[edit]
During the first and the second phases of the Great Vowel Shift, long vowels were shifted without merging with other vowels, but after the second phase, several vowels merged. The later changes also involved the Middle English diphthong /ai/, as in day, which had monophthongised to /ɛː/, and merged with Middle English /aː/ as in mate or /ɛː/ as in meat.[12]
During the 16th and 17th centuries, several different pronunciation variants existed among different parts of the population for words like meet, meat, mate, and day. In each pronunciation variant, different pairs or trios of words were merged in pronunciation. Four different pronunciation variants are shown in the table below. The fourth pronunciation variant gave rise to Modern English pronunciation. In Modern English, meet and meat are merged in pronunciation and both have the vowel /iː/, and mate and day are merged with the diphthong /eɪ/, which developed from the 16th-century long vowel /eː/.[12]
Second phase of the Great Vowel Shift
Word
Middle
English
16th century pronunciation variants
1
2
3
4
meet
/eː/ /iː/ /iː/ /iː/ /iː/
meat
/ɛː/ /ɛː/ /eː/ /eː/
day
/ai/ /ɛː/ /eː/
mate
/aː/ /æː/
Modern English typically has the meet–meat merger: both meet and meat are pronounced with the vowel /iː/. Words like great and steak, however, have merged with mate and are pronounced with the vowel /eɪ/, which developed from the /eː/ shown in the table above.
Northern English and Scots[edit]
The Great Vowel Shift affected other dialects as well as the standard English of southern England but in different ways. In Northern England, the long back vowels remained unaffected because the long mid back vowel had undergone an earlier shift.[16] Similarly, the Scots language in Scotland had a different vowel system before the Great Vowel Shift, as /oː/ had shifted to /øː/ in Early Scots. In the Scots equivalent of the Great Vowel Shift, the long vowels /iː/, /eː/ and /aː/ shifted to /ei/, /iː/ and /eː/ by the Middle Scots period and /uː/ remained unaffected.[17]
The first step in the Great Vowel Shift in Northern and Southern English is shown in the table below. The Northern English developments of Middle English /iː, eː/ and /oː, uː/ were different from Southern English. In particular, the Northern English vowels /iː/ in bite, /eː/ in feet, and /oː/ in boot shifted, while the vowel /uː/ in house did not:
Word
Vowel
Middle English
Northern
Southern
bite
/iː/ /ɛi/ /ai/
feet
/eː/ /iː/ /iː/
house
/uː/ /uː/ /au/
boot
/oː/ /iː/ /uː/
The vowel systems of Northern and Southern Middle English immediately before the Great Vowel Shift were different in one way. In Northern Middle English, the back close-mid vowel /oː/ in boot had already shifted to front /øː/ (a sound change known as fronting), like the long ö in German hören [ˈhøːʁən] ( listen) "hear". Thus, Southern English had a back close-mid vowel /oː/, but Northern English did not:[14]
Southern Middle English
vowel system
front
back
close
iː uː
close-mid
eː oː
open-mid
ɛː ɔː
open
aː —
Northern Middle English
vowel system
front
back
close
iː uː
close-mid
eː, øː —
open-mid
ɛː ɔː
open
aː —
In both Northern and Southern English, the first step of the Great Vowel Shift raised the close-mid vowels to become close. Northern Middle English had two close-mid vowels – /eː/ in feet and /øː/ in boot – which were raised to /iː/ and /yː/. Later on, Northern English /yː/ changed to /iː/, so that boot has the same vowel as feet. Southern Middle English had two close-mid vowels – /eː/ in feet and /oː/ in boot – which were raised to /iː/ and /uː/.
In Southern English, the close vowels /iː/ in bite and /uː/ in house shifted to become diphthongs, but in Northern English, /iː/ in bite shifted but /uː/ in house did not.
If the difference between the Northern and Southern vowel shifts is caused by the vowel systems at the time of the Great Vowel Shift, /uː/ did not shift because there was no back mid vowel /oː/ in Northern English. In Southern English, shifting of /oː/ to /uː/ could have caused[why?] diphthongisation of original /uː/, but because Northern English had no back close-mid vowel /oː/ to shift, the back close vowel /uː/ did not diphthongise.
Exceptions[edit]
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Not all words underwent certain phases of the Great Vowel Shift. Examples are father, which failed to become /ɛː/, and broad, which failed to become /oʊ/. The word room, which was spelled as roum in Middle English, retains its Middle English pronunciation. It is an exception to the shifting of /uː/ to /aʊ/ because it is followed by m, a labial consonant.
The class ea did not take the step to /iː/ in several words. The presence of /r/ in swear and bear caused the vowel quality to be retained[citation needed] but not in the cases of hear and near. Shortening of long vowels at various stages produced further complications: ea is again a good example by shortening commonly before coronal consonants such as d and th, thus: dead, head, threat, wealth etc. (That is known as the bred–bread merger.)[citation needed] The oo was shortened from /uː/ to /ʊ/, in many cases before k, d and less commonly t: book, foot, good, etc. Some words subsequently changed from /ʊ/ to /ʌ/: blood, flood. Similar but older shortening occurred for some instances of ou: could.
Some loanwords, such as soufflé and umlaut, have retained a spelling from their origin language that may seem similar to the previous examples; but, since they were not a part of English at the time of the Great Vowel Shift, they are not actually exceptions to the shift.
Related consonant changes[edit]
During this same period, there were a number of consonant changes, particularly changes that were in combination with the vowel changes, or cases of silencing of consonants. An often-cited example is the word knight, which in Middle English was pronounced /kni:xt/. The k and the gh were silenced, but additionally the i changed its value to /aɪ/. This vowel shift, of course, was not independent of the consonant shift as it was the combined sound /ix/ that actually made the transition to /aɪ/.
The following are examples of some of the most common consonant-related shifts that occurred:
Word
Vowel pronunciation
Middle English
before the GVS
Modern English
after the GVS
knight
/kniːxt/ /naɪt/
enough
(originally ynough)
/ɪˈnoːx/ /ɪˈnʌf/
gnaw
/gnɑu̯/ /nɔː/
Spelling[edit]
This section needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. (December 2017) (Learn how and when to remove this template message)
Main article: English orthography
The printing press was introduced to England in the 1470s by William Caxton and later Richard Pynson.[18] The adoption and use of the printing press accelerated the process of standardization of English spelling, which continued into the 16th century. The standard spellings were those of Middle English pronunciation, and spelling conventions continued from Old English. However, the Middle English spellings were retained into Modern English while the Great Vowel Shift was taking place, which caused some of the peculiarities of Modern English spelling in relation to vowels.
See also[edit]
Canaanite Shift
Chain shift
Vowel shift
Consonant mutation
History of the English language
International Phonetic Alphabet
Phonological history of English vowels
"The Chaos"
Notes[edit]
Jump up ^ Centralizing to /ɨi ɨu/ and then lowering to /əi əu/ argued by Stockwell (1961).
Sources[edit]
References[edit]
Jump up ^ Stockwell, Robert (2002). "How much shifting actually occurred in the historical English vowel shift?" (PDF). In Minkova, Donka; Stockwell, Robert. Studies in the History of the English Language: A Millennial Perspective. Mouton de Gruyter. ISBN 3-11-017368-9.
Jump up ^ Wyld, H. C. (1957) [1914], A Short History of English
Jump up ^ Denham, Kristin; Lobeck, Anne (2009), Linguistics for Everyone: An Introduction, Cengage Learning, p. 89
Jump up ^ Labov, William (1994). Principles of Linguistic Change. Blackwell Publishing. p. 145. ISBN 0-631-17914-3.
Jump up ^ Millward, C.M.; Hayes, Mary (2011). A Biography of the English Language (3rd ed.). Wadsworth Publishing. p. 250. ISBN 978-0495906414.
Jump up ^ Nevalainen, Terttu; Traugott, Elizabeth Closs, eds. (2012). The Oxford Handbook of the History of English. Oxford University Press. p. 794. ASIN B009UU4P66.
Jump up ^ Asya Pereltsvaig (Aug 3, 2010). "Great Vowel Shift — part 3". Languages of the World.
^ Jump up to: a b Lass 2000, p. 72.
Jump up ^ Wheeler, L Kip. "Middle English consonant sounds" (PDF).
^ Jump up to: a b c Lass 2000, pp. 80–83.
^ Jump up to: a b Lass 2000, pp. 83–85.
^ Jump up to: a b c Görlach 1991, pp. 68–69.
Jump up ^ Labov, William; Ash, Sharon; Boberg, Charles (2006). The Atlas of North American English. Berlin: Mouton-de Gruyter. p. 14. ISBN 3-11-016746-8.
^ Jump up to: a b Lass 2000, pp. 74–77.
Jump up ^ Jürgen Handke (Dec 7, 2012). "PHY117 – The Great Vowel Shift". YouTube. The Virtual Linguistics Campus.
Jump up ^ Wales, K (2006). Northern English: a cultural and social history. Cambridge: Cambridge University. p. 48.
Jump up ^ Macafee, Caroline; Aitken, A. J., A History of Scots to 1700, DOST, 12, pp. lvi–lix
Jump up ^ Olague, Susana Llamas. "Printers, Orthoepists, and Standardized English". CHASS. Retrieved December 30, 2017.
Bibliography[edit]
Baugh, Alfred C.; Cable, Thomas (1993). A History of the English Language (4 ed.). Englewood Cliffs, New Jersey: Prentice-Hall.
Cable, Thomas (1983). A Companion to Baugh & Cable's History of the English Language. Englewood Cliffs, New Jersey: Prentice-Hall.
Cercignani, Fausto (1981). Shakespeare's Works and Elizabethan Pronunciation. Oxford: Clarendon Press.
Dillon, George L., "American English vowels", Studying Phonetics on the Net
Dobson, E. J. (1968). English Pronunciation 1500–1700 (2 vols) (2 ed.). Oxford: Clarendon Press. (See vol. 2, 594–713 for discussion of long stressed vowels)
Freeborn, Dennis (1992). From Old English to Standard English: A Course Book in Language Variation Across Time. Ottawa, Canada: University of Ottawa Press.
Görlach, Manfred (1991). Introduction to Early Modern English. Cambridge University Press.
Kökeritz, Helge (1953). Shakespeare's Pronunciation. New Haven: Yale University Press.
Lass, Roger (2000). "Chapter 3: Phonology and Morphology". In Lass, Roger. The Cambridge History of the English Language, Volume III: 1476–1776. Cambridge University Press. pp. 56–186.
Millward, Celia (1996). A Biography of the English Language (2 ed.). Fort Worth: Harcourt Brace.
Pyles, Thomas; Algeo, John (1993). The Origins and Development of the English Language (4 ed.). Orlando, FL: Harcourt Brace & Co.
Rogers, William 'Bill', A Simplified History of the Phonemes of English, Furman, archived from the original on 2002-08-03
External links[edit]
Great Vowel Shift Video lecture
Menzer, M., "What is the Great Vowel Shift?", Great Vowel Shift, Furman University (archive[1])
"The Great Vowel Shift", Geoffrey Chaucer, Harvard University
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Presumption of innocence
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Criminal procedure
Criminal trials and convictions
Rights of the accused
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Presumption of innocence
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The presumption of innocence, sometimes referred to by the Latin expression ei incumbit probatio qui dicit, non qui negat (the burden of proof is on the one who declares, not on one who denies), is the principle that one is considered innocent unless proven guilty.
In many states, presumption of innocence is a legal right of the accused in a criminal trial, and it is an international human right under the UN's Universal Declaration of Human Rights, Article 11. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must collect and present compelling evidence to the trier of fact. The trier of fact (a judge or a jury) is thus restrained and ordered by law to consider only actual evidence and testimony presented in court. The prosecution must, in most cases prove that the accused is guilty beyond reasonable doubt. If reasonable doubt remains, the accused must be acquitted.
Under the Justinian Codes and English common law, the accused is presumed innocent in criminal proceedings, and in civil proceedings (like breach of contract) both sides must issue proof.
Contents
[hide]
1 History
1.1 Roman law
1.2 Islamic law
2 Middle Ages in Europe
2.1 Common law
2.2 Civil law
3 Meaning
4 The fundamental right
5 Modern practices
6 See also
7 Notes
8 References
9 External links
History[edit]
Roman law[edit]
The sixth century [[ Egyptian law)|Digest]] of Justinian (22.3.2) provides, as a general rule of evidence: Ei incumbit probatio qui dicit, non qui negat[1]—"Proof lies on him who asserts, not on him who denies".[2] It is there attributed to the second and third century jurist Paul. It was introduced in Roman criminal law by emperor Antoninus Pius.[3]
Islamic law[edit]
Similar to that of Roman Law, Islamic law also holds the principle that the onus of proof is on the accuser or claimant based on a hadith documented by Imam Nawawi.[4] 'Suspicion' is also highly condemned, this also from a hadith documented by Imam Nawawi[5] as well as Imam Bukhari[6] and Imam Muslim.[7]
After the time of Muhammad, the fourth Caliph Ali ibn Abi Thalib has also been cited to say 'Avert the prescribed punishment by rejecting doubtful evidence.'[8]
Middle Ages in Europe[edit]
After the fall of the Roman Empire, Europe fell back on a Germanic system that presumed guilt. The accused could prove his innocence by having, for example, twelve people swear that he could not have done what he was accused of. This tended to favor the nobility over the lower classes.[9]
Common law[edit]
In sources from common law jurisdictions, the expression appears in an extended version, in its original form and then in a shortened form (and in each case the translation provided varies). As extended, it is: Ei incumbit probatio, qui dicit, non qui negat; cum per rerum naturam factum negantis probatio nulla sit—"The proof lies upon him who affirms, not upon him who denies; since, by the nature of things, he who denies a fact cannot produce any proof."[10] As found in its original form, it is (as above): Ei incumbit probatio qui dicit, non qui negat—"The proof lies upon the one who affirms, not the one who denies."[11][12] Then, shortened from the original, it is: Ei incumbit probatio qui—"the onus of proving a fact rests upon the man".[13]
Civil law[edit]
The maxim or its equivalent has been adopted by many civil law systems, including Brazil,[14] France,[15] Italy,[16][17] Philippines,[18] Poland,[19] Romania[20] and Spain.[21]
Meaning[edit]
Sir William Garrow coined the phrase "presumed innocent until proven guilty", insisting that defendants' accusers and their evidence be thoroughly tested in court
"Presumption of innocence" serves to emphasize that the prosecution has the obligation to prove each element of the offense beyond a reasonable doubt (or some other level of proof depending on the criminal justice system) and that the accused bears no burden of proof.[22] This is often expressed in the phrase innocent until proven guilty, coined by the English lawyer Sir William Garrow (1760–1840).[23] Garrow insisted that accusers be robustly tested in court. An objective observer in the position of the juror must reasonably conclude that the defendant almost certainly committed the crime.[24]
The presumption of innocence was originally expressed by the French cardinal and jurist Jean Lemoine in the phrase "item quilbet presumitur innocens nisi probetur nocens (a person is presumed innocent until proven guilty)", based on the legal inference that most people are not criminals.[25] However, this referred not merely to the fact that the burden of proof rests on the prosecution in a criminal case, but the protections which a defendant should be given-prior notice of the accusation being made against them, the right of confrontation, right to counsel, etc.[26] It is literally considered favorable evidence for the accused that automatically attaches at trial.[27] It requires that the trier of fact, be it a juror or judge, begin with the presumption that the state is unable to support its assertion.[25] To ensure this legal protection is maintained a set of three related rules govern the procedure of criminal trials. The presumption means:[22]
With respect to the critical facts of the case—whether the crime charged was committed and whether the defendant was the person who committed the crime—the state has the entire burden of proof.
With respect to the critical facts of the case, the defendant does not have any burden of proof whatsoever. The defendant does not have to testify, call witnesses or present any other evidence, and if the defendant elects not to testify or present evidence, this decision cannot be used against them.
The jury or judge is not to draw any negative inferences from the fact the defendant has been charged with a crime and is present in court and represented by an attorney. They must decide the case solely on evidence presented during the trial.
This duty on the prosecution was famously referred to as the “golden thread” in the criminal law by Lord Sankey LC in Woolmington v DPP [1935] AC 462:
“ Throughout the web of the English criminal law one golden thread is always to be seen—that it is the duty of the prosecution to prove the prisoner's guilt subject to what I have already said as to the defence of insanity and subject also to any statutory exception... ”
The fundamental right[edit]
This right is so important in modern democracies, constitutional monarchies and republics that many have explicitly included it in their legal codes and constitutions:
The Universal Declaration of Human Rights, article 11, states: "Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.".
The Convention for the Protection of Human Rights and Fundamental Freedoms of the Council of Europe says (art. 6.2): "Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law". This convention has been adopted by treaty and is binding on all Council of Europe members. Currently (and in any foreseeable expansion of the EU) every country member of the European Union is also member to the Council of Europe, so this stands for EU members as a matter of course. Never the less, this assertion is iterated verbatim in Article 48 of the Charter of Fundamental Rights of the European Union.
In Canada, section 11(d) of the Canadian Charter of Rights and Freedoms states: "Any person charged with an offence has the right to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal".
In the Colombian constitution, Title II, Chapter 1, Article 29 states that "Every person is presumed innocent until proven guilty according to the law".
In France, article 9 of the Declaration of the Rights of Man and of the Citizen 1789, which has force as constitutional law, begins: "Any man being presumed innocent until he has been declared guilty ...". The Code of Criminal Procedure states in its preliminary article that "any person suspected or prosecuted is presumed innocent for as long as their guilt has not been established"[15] and the jurors' oath repeats this assertion (article 304).[28] However, there exists a popular misconception that under French law, the accused is presumed guilty until proven innocent.[29]
In Iran, Article 37 of the Constitution of the Islamic Republic of Iran states: "Innocence is to be presumed, and no one is to be held guilty of a charge unless his or her guilt has been established by a competent court".
In Italy, the second paragraph of Article 27 of the Constitution states: "A defendant shall be considered not guilty until a final sentence has been passed."[30]
In Romania, article 23 of the Constitution states that "any person shall be presumed innocent until found guilty by a final decision of the court."
The Constitution of Russia, in article 49, states that "Everyone charged with a crime shall be considered not guilty until his or her guilt has been proven in conformity with the federal law and has been established by the valid sentence of a court of law". It also states that "The defendant shall not be obliged to prove his or her innocence" and "Any reasonable doubt shall be interpreted in favor of the defendant".
In the South African Constitution, section 35(3)(h) of the Bill of Rights states: "Every accused person has a right to a fair trial, which includes the right to be presumed innocent, to remain silent, and not to testify during the proceedings."
Although the Constitution of the United States does not cite it explicitly, presumption of innocence is widely held to follow from the 5th, 6th, and 14th amendments. The case of Coffin v. United States (1895) established the presumption of innocence of persons accused of crimes. See also In re Winship.
In New Zealand, the New Zealand Bill of Rights 1990 provides inter alia at section 25 (c) "Everyone who is charged with an offence has, in relation to the determination of the charge, the following minimum rights: (c) the right to be presumed innocent until proved guilty according to law"[31]
Modern practices[edit]
This section contains weasel words: vague phrasing that often accompanies biased or unverifiable information. Such statements should be clarified or removed. (May 2014)
Article 48 of the Charter of Fundamental Rights of the European Union affirms the right to the presumption of innocence
Some[which?] legal systems have employed de jure presumptions of guilt, such as at an order to show cause criminal proceeding. Otherwise, accusations of presumption of guilt generally do not imply an actual legal presumption of guilt, but rather denounce failures to ensure that suspects are treated well and are offered good defence conditions. Typical infringements could include:
Suspects held at Guantanamo Bay have been detained for long periods while inquiries proceed. Such long imprisonment constitutes, in practice, a hardship and a punishment for the suspect, even though they have not been sentenced. (See speedy trial)
Courts may prefer the testimonies of persons of certain class, status, ethnicity, sex, or economic or political standing over those of others, regardless of actual circumstances.
Until relatively recently, it was common for the justice system[which?] to have suspects tortured to extract confessions from them, since circumstantial evidence was rarely analyzed or admitted in those times. Although this practice has generally been disallowed in the more recent past, except during 20th-century fascist and Soviet governments, there have been attempts to introduce evidence obtained from suspects tortured elsewhere.
In the United Kingdom changes have been made affecting this principle. Defendants' previous convictions may in certain circumstances be revealed to juries. Although the suspect is not compelled to answer questions after formal arrest, failure to give information may now be prejudicial at trial. Statute law also exists which provides for criminal penalties for failing to decrypt data on request from the Police. If the suspect is unwilling to do so, it is an offence.[32] Citizens can therefore be convicted and imprisoned without any evidence that the encrypted material was unlawful. Furthermore, in sexual offence cases such as rape, where the sexual act has already been proved beyond reasonable doubt, there are a limited number of circumstances where the defendant has an obligation to adduce evidence that the complainant consented to the sexual act, or that the defendant reasonably believed that the complainant was consenting. These circumstances include, for example, where the complainant was unconscious, unlawfully detained, or subjected to violence.[33]
Scottish law provides for a third verdict: "not proven."
In some[which?] jurisdictions, state-funded defences may not match the quality of state-funded prosecutions. Further, where a defendant funds his or her own defence, the cost is borne solely by the individual, whereas the burden of funding a prosecution is collectively borne by the state. Individual defence resources in finances, information, equipment, expertise, research, and personnel may not match the resources of a government, especially if the defendant is imprisoned.
Guaranteeing the presumption of innocence extends beyond the judicial system. For instance, in many countries journalistic codes of ethics state that journalists should refrain from referring to suspects as though their guilt is certain. For example, they use "suspect" or "defendant" when referring to the suspect, and use "alleged" when referring to the criminal activity that the suspect is accused of. Failure to adhere to these practices may result in lawsuits in the event that the suspect is cleared of wrongdoing.
More subtly, publishing of the prosecution's case without proper defence argumentation may in practice constitute presumption of guilt. Publishing a roster of arrested suspects may constitute undeserved punishment as well, since in practice it damages the reputation of innocent suspects. Private groups fighting certain abuses may also apply similar tactics, such as publishing the real name, address, and phone number of suspects, or even contacting the suspects' employer, friends and neighbors.
Modern practices aimed at curing social ills may run against presumption of innocence. Some civil rights organizations, such as the Canadian Civil Liberties Association consider pre-employment drug testing, while legal, as violating this principle, as potential employees are presumed to be users of illegal drugs, and must prove themselves innocent through the test.[34] Similarly, critics argue that prevailing policies of zero tolerance toward sexual harassment or racial discrimination show a strong presumption of guilt. These dispositions were meant to ease the burden of proof on the victim, since in practice harassment or discrimination practices are hard to prove.[citation needed]
Civil rights activists note that the well-meaning practices so adopted may have a deleterious effect on justice being served. An example is the use of a screen in sexual assault cases, which is set up to prevent the complainant from being distressed at the sight of the accused.[citation needed] Where a victim was in fact victimized by the accused, this may be argued to serve the principles of therapeutic justice.[35]
See also[edit]
Blackstone's formulation
Due process
Habeas corpus
Null hypothesis
Rebuttable presumption
Right to a fair trial
Right to silence
Trial by media
Presumption of supply in New Zealand
Notes[edit]
Jump up ^ "Digesta seu Pandectae 22.3.2". Grenoble: Université Pierre-Mendés-France. Retrieved 2010-10-13.
Jump up ^ Watson, Alan, ed. (1998) [1985]. "22.3.2". The Digest of Justinian. Philadelphia: University of Pennsylvania Press. ISBN 0-8122-1636-9.
Jump up ^ See Bury, p. 527
Jump up ^ Imam Nawawi. 1977. An-Nawawi’s Forty Hadith (Second Edition English Translation by Ezzedin Ibrahim). Damascus: Holy Koran Pub. House, Hadith No. 33
Jump up ^ Riyaadus Shaaliheen, Hadith No. 1573
Jump up ^ Sahih Al-Bukhari (English Version), Vol. 8, Book 73, Hadith 90
Jump up ^ Sahih Muslim (English Version), Book 32, Hadith 6214
Jump up ^ Imam ibn Hajar's Bulugh al-Maram (English Version), Book 10, Hadith 1260
Jump up ^ [1]
Jump up ^ F. Nan Wagoner (1917-06-01). "Wagoner's Legal Quotes web page". Wagonerlaw.com. Retrieved 2010-10-13.
Jump up ^ Bouvier's Maxims (1856), citing Roman law and then various treatises, q.v.
Jump up ^ "Just Quotes web site". Just-quotes.com. Retrieved 2010-10-13.
Jump up ^ "Glossary". Clickdocs.co.uk. Retrieved 2010-10-13.
Jump up ^ Decree-Law 3689|date=August 2012
^ Jump up to: a b Code de procédure pénale, article préliminaire (in French)
Jump up ^ "ForoEuropo Italia". Foroeuropeo.it. Retrieved 2010-10-13.
Jump up ^ "Assomedici.It". Assomedici.It. 1993-01-29. Retrieved 2010-10-13.
Jump up ^ People vs. Masalihit, decision of the Supreme Court of The Philippines Archived 2007-09-29 at the Wayback Machine.
Jump up ^ "National Constitutional Law Related to Article 48 – Presumption of Innocence and Right to Defence". European Union Agency for Fundamental Rights. Retrieved 2011-05-16.
Jump up ^ "Constitution of Romania, Article 23". Retrieved 2013-06-13.
Jump up ^ Valentin Anders (2010-09-08). "Latin legal maxims in Spanish". Latin.dechile.net. Retrieved 2010-10-13.
^ Jump up to: a b Mueller, Christopher B.; Laird C. Kirkpatrick (2009). Evidence; 4th ed. Aspen (Wolters Kluwer). ISBN 978-0-7355-7968-2. pp. 133–34.
Jump up ^ Moore, Christopher (1997). The Law Society of Upper Canada and Ontario's lawyers, 1797–1997. University of Toronto Press. ISBN 0-8020-4127-2.
Jump up ^ Rembar, Charles (1980). The Law of the Land. New York: Simon & Schuster.
^ Jump up to: a b Words and Phrases 1914, p. 1168
Jump up ^ http://faculty.cua.edu/Pennington/Law508/InnocentGuilty.htm
Jump up ^ Coffin v. United States, 156 U.S. 432 (1895) “the presumption of innocence is evidence in favor of the accused, introduced by the law in [their] behalf”
Jump up ^ Code de procédure pénale, article 304 (in French).
Jump up ^ Davis, Michael H. (23 May 1992). "French Law Presumes Accused Innocent". New York Times. Retrieved 10 May 2017.
Jump up ^ "The Italian Constitution" (PDF). The official website of the Presidency of the Italian Republic. Archived from the original (PDF) on 2016-11-27.
Jump up ^ http://www.legislation.govt.nz/act/public/1990/0109/latest/DLM225527.html
Jump up ^ "OPSI.gov.uk". OPSI.gov.uk. Retrieved 2010-10-13.
Jump up ^ "legislation.gov.uk". legislation.gov.uk. Retrieved 2011-04-27.
Jump up ^ "Drug Testing: A Bad Investment" (PDF). American Civil Liberties Union. 1999. Retrieved 2014-05-08.
Jump up ^ "Law.arizona.edu". Law.arizona.edu. Retrieved 2010-10-13.
References[edit]
"Judicial and Statutory Definitions of Words and Phrases". St. Paul: West Publishing Co. 1914.
Bury, J. B. (1893). A History of the Roman Empire from its Foundation to the Death of Marcus Aurelius.
External links[edit]
The Presumption of Innocence in the French and Anglo-American Legal Traditions
The History of Presumed Innocence
The effects of presuming innocence
Justice:Denied magazine reports on the miscarriages of justice that occur when the presumption of innocence is not respected.
Coffin v. United States, 156 U.S. 432; 15 S. Ct. 394
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Prosecutor's fallacy
Innocence Protection Act
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values: افتراض البراءة – Arabic

values: Təqsirsizlik prezumpsiyası – Azerbaijani

values: Прэзумпцыя невінаватасці – Belarusian

values: Презумпция за невиновност – Bulgarian

values: Principio de presunción de inocencia – Spanish

values: اصل برائت – Persian

values: 무죄추정의 원칙 – Korean

values: Անմեղության կանխավարկած – Armenian

values: חזקת החפות מפשע – Hebrew

values: Айыпсыздык презумпциясы – Kyrgyz

values: Презумпция невиновности – Russian

values: Presumption of innocence – Simple English

values: Презумпція невинуватості – Ukrainian

values: 无罪推定原则 – Chinese

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