Proof in canonical criminal law

Basic changes in laws of evidence and systems of proof occurred in the courts of the Western church between the end of the twelfth century and the close of the thirteenth. The system of criminal procedure that emerged during this period included many elements of what would later come to be known as due process of law. This article deals with two of its important features. The first is the principle that judges may sentence a defendant to punishment only upon conviction of a crime or offence, which is the underlying premise of modern ideas of presumption of innocence. The second concerns the standards of proof necessary to convict. Those standards likewise underwent substantial modification and the article examines some of the major changes and the rationale for them.