presumption | Definition

Doc's CJ Glossary by Adam J. McKee
Course: Procedural Law

In law, a presumption refers to an inference or assumption of a fact or legal conclusion based on a certain set of circumstances or evidence, which may or may not be rebuttable.

Presumptions are a fundamental part of the criminal justice system, as they allow certain legal conclusions to be drawn based on the evidence presented in court. There are two types of presumptions: rebuttable and irrebuttable.

A rebuttable presumption can be overcome by presenting evidence to the contrary. For example, if there is a presumption that a defendant acted with intent to commit a crime, the defendant can present evidence to show that they did not have the required intent. If the evidence presented is strong enough, the presumption can be rebutted.

An irrebuttable presumption, on the other hand, cannot be overcome by any amount of evidence to the contrary. For example, in some jurisdictions, there is an irrebuttable presumption that a child under a certain age is incapable of forming the intent to commit a crime.

Presumptions can also be classified as either legal or evidentiary. A legal presumption is established by law, while an evidentiary presumption arises from the presentation of certain evidence. For example, if a person is found in possession of a large quantity of drugs, there may be an evidentiary presumption that they possessed the drugs with the intent to distribute them.

Presumptions are an important part of the criminal justice system, as they allow certain legal conclusions to be drawn based on the evidence presented in court. However, they must be used carefully and fairly, as they can also lead to unfair results if they are applied too broadly or without proper consideration of all the evidence.

Legal professionals, including judges and attorneys, must carefully consider the use of presumptions in criminal cases to ensure that they are used appropriately and fairly. This may involve weighing the strength of the evidence presented, evaluating the credibility of witnesses, and considering any potential biases or other factors that may impact the reliability of the evidence. By doing so, legal professionals can help to ensure that the criminal justice system operates fairly and effectively for all parties involved.

Learn More

On This Site

[ Glossary ]

Last Modified: 03/13/2023


Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Doc's Things and Stuff uses Accessibility Checker to monitor our website's accessibility.