where did the presumption of innocence originate in legal history
Presumption of innocence The sixth century Digest of Justinian (22.3.2) provides, as a general rule of evidence: Ei incumbit probatio qui dicit, non qui negat[1]â€”"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]
Thou shalt not bear false witness against thy neighbour The Hebrew Bible contains a number prohibitions of false witness, lying, spreading false reports, etc.[10] For a person who had a charge brought against them and were brought before a religious prosecution, the charge was considered as established only on the evidence of two or three sworn witnesses.[11] In cases where false testimony was suspected, the religious judges were to make a thorough investigation, and if false testimony were proven, the false witness was to receive the punishment he had intended to bring on the person falsely accused.[12] For example, since murder was a capital crime, giving false testimony in a murder case was subject to the death penalty. Those eager to receive or listen to false testimony were also subject to punishment.[13]