How does the principle of presumption of innocence relate to pretrial release?

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The principle of presumption of innocence is a fundamental tenet of criminal law asserting that an individual is considered innocent until proven guilty. This principle directly supports the argument for pretrial release because it emphasizes that pretrial detainees should not be penalized or subjected to incarceration simply based on charges that have not yet been proven in court.

When individuals are awaiting trial, applying the presumption of innocence means that they should be afforded the opportunity to remain free unless there are compelling reasons to restrict their freedom, such as a flight risk or a threat to public safety. Thus, pretrial release aligns with this principle by recognizing that the accused have not yet been found guilty and should therefore be treated as innocent until their case is resolved.

In the context of pretrial decisions, the presumption of innocence fosters a legal environment that seeks to minimize unnecessary detention, advocating for release options that allow individuals to maintain their daily lives while awaiting trial, as long as they do not pose any significant risk.

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