Legal expert Warren Cassell has clarified the constitutional foundation behind a fundamental yet often misunderstood aspect of criminal defense: the practice of attorneys advising clients to plead not guilty even when they have privately admitted to an offense. This strategy, frequently perplexing to the public, is not an attempt to circumvent justice but is deeply rooted in the core principles of constitutional law.
Cassell, an attorney-at-law, emphasized the critical role of Section 15(2)(a) of the Antigua and Barbuda Constitution, which enshrines the presumption of innocence—a guarantee that an individual is considered innocent until the state proves their guilt conclusively. He noted that this foundational right is mirrored in legal frameworks across the Caribbean region, including Montserrat’s Constitution Order.
The cornerstone of this practice lies in the distribution of the burden of proof. In criminal proceedings, the entire onus rests on the prosecution to establish each element of the alleged crime beyond a reasonable doubt. A defendant is under no legal obligation to prove their innocence. By entering a not guilty plea, a defendant compels the state to meet this rigorous evidential standard, serving as a crucial safeguard against convictions based on weak, flawed, or insufficient evidence.
Cassell further elaborated that a guilty plea effectively serves as an admission to all charges, eliminating the prosecution’s duty to prove its case and immediately exposing the defendant to the full maximum penalties. Conversely, maintaining a not guilty plea preserves all of an accused person’s constitutional rights and provides essential time for their legal counsel to engage in negotiations with prosecutors. This period can be used to secure more favorable outcomes, such as a reduction in charges or an agreement on a lighter sentence, through plea bargaining.
To promote greater public understanding of these legal rights and criminal procedures, Cassell announced plans to delve deeper into the subject in an upcoming season of his program, *This Is the Law*. The show is scheduled to broadcast on Observer Radio and ZDK in February 2026.