<P> After the fall of the Roman Empire, Europe fell back on feudal law . This included some Germanic customs, including 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 ." </P> <P> The maxim or its equivalent has been adopted by many civil law systems, including Brazil, China, France, Italy, Philippines, Poland, Romania and Spain . </P> <P> "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 . This is often expressed in the phrase innocent until proven guilty, coined by the English lawyer Sir William Garrow (1760--1840). 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 . </P> <P> 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 . 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 . It is literally considered favorable evidence for the accused that automatically attaches at trial . 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 . To ensure this legal protection is maintained a set of three related rules govern the procedure of criminal trials . The presumption means: </P>

Where did the phrase innocent until proven guilty come from