美国刑事司法制度中重复使用最多的格言就是“无罪推定”。“无罪推定”是指被告人在被证明有罪前视为无罪。历史上,这种推定在审前和审判过程中都具有重要意义。然而,由于各州和联邦在审前实践中发生的变化,以及最高院的判例将无罪推定的适用范围局限于审判阶段。而在审前阶段,无罪推定不再保护被告人。而这些对无罪推定的限制与其宪法渊源极为不符。无罪推定的减弱也导致了审前羁押的被告人数量不断增加,以至于我国监狱中羁押的人大部分都不曾被定罪。如今,几乎没有法 The most common motto for repeated use in the criminal justice system in the United States is “presumption of innocence.” “Presumption of innocence ” means that the accused was regarded as innocent until proved guilty. Historically, this presumption has been of great significance both before and during the trial. However, due to changes in state and federal pre-trial practices, as well as the Supreme Court’s jurisprudence, the scope of application of presumption of innocence is limited to the trial phase. In the pre-trial phase, the presumption of innocence no longer protects the accused. And these restrictions on the presumption of innocence and its constitutional origin is extremely inconsistent. The reduction in the presumption of innocence has also led to a steady increase in the number of accused in pretrial detention, so that most of those in custody in our prisons have not been convicted. Today, there is almost no law