2021 Georgia Code
Title 16 - Crimes and Offenses
Chapter 1 - General Provisions
§ 16-1-5. Presumption of Innocence; Standard of Proof for Conviction

Every person is presumed innocent until proved guilty. No person shall be convicted of a crime unless each element of such crime is proved beyond a reasonable doubt.

(Code 1933, § 26-501, enacted by Ga. L. 1968, p. 1249, § 1.)

- For comment on Rehak v. Mathis, 239 Ga. 541, 238 S.E.2d 81 (1977), see 12 Ga. L. Rev. 361 (1978).

ANALYSIS

• General Consideration
• Proof Beyond Reasonable Doubt

RESEARCH REFERENCES

Am. Jur. 2d.

- 16B Am. Jur. 2d, Constitutional Law, § 1016. 29 Am. Jur. 2d, Evidence, §§ 185 et seq., 227 et seq.

- 23 C.J.S., Criminal Procedure and Rights of the Accused, §§ 981, 982. 23A C.J.S., Criminal Procedure and Rights of the Accused, § 1562.

- Propriety of instructions as to the significance of evidence concerning the defendant's good character as an element bearing upon the question of reasonable doubt, 10 A.L.R. 8; 68 A.L.R. 1068.

Degree of proof necessary in contempt proceedings, 49 A.L.R. 975.

Instruction applying rule of reasonable doubt specifically to particular matter or defense as curing instruction placing burden of proof upon defendant in that regard, 120 A.L.R. 591.

Rule of reasonable doubt as applicable to reasonable doubt on part of individual juror, 137 A.L.R. 394.

Use of term "actual doubt" in instruction on reasonable doubt, 147 A.L.R. 1046.

Presumption of innocence as evidence, 152 A.L.R. 626.

Conviction of possession of illicit drugs found in premises of which defendant was in nonexclusive possession, 56 A.L.R.3d 948.

Burden of proof as to lack of license in criminal prosecution for carrying or possession of weapon without license, 69 A.L.R.3d 1054.

Admissibility of evidence of subsequent criminal offenses as affected by proximity as to time and place, 92 A.L.R.3d 545.