The Presumption Of Innocence

Author : Michelle Coleman
Publisher : Routledge
Page : 148 pages
File Size : 41,9 Mb
Release : 2021-03-03
Category : Law
ISBN : 9781000352337

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The Presumption of Innocence in International Human Rights and Criminal Law by Michelle Coleman Pdf

This book provides a comprehensive analysis of the presumption of innocence from both a practical and theoretical point of view. Throughout the book a framework for the presumption of innocence is developed. The book approaches the right to presumption of innocence from an international human rights perspective using specific examples drawn from international criminal law. The result is a framework for understanding the right that is grounded in human rights law. This framework can then be applied across different national and international systems. When applied, it can help determine when the presumption of innocence is being infringed upon, eroded, violated, and ensure that the presumption of innocence is protected. The book is an essential resource for students, academics and practitioners working in the areas of human rights, criminal law, international criminal law, and evidence. The themes also have a more general application to national jurisdictions and legal theory.

Author : Pamela-Jane Schwikkard
Publisher : Juta and Company Ltd
Page : 212 pages
File Size : 40,8 Mb
Release : 1999
Category : Law
ISBN : 0702151440

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Presumption of Innocence by Pamela-Jane Schwikkard Pdf

The presumption of innocence is widely accepted as a fundamental principle of criminal justice. This work is an attempt to secure consensus, and to present some constructive solutions to the various theoretical and practical problems which exist in respect of the presumption of innocence.

Author : Richard L. Lippke
Publisher : Oxford University Press
Page : 289 pages
File Size : 46,7 Mb
Release : 2016
Category : Law
ISBN : 9780190469191

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Taming the Presumption of Innocence by Richard L. Lippke Pdf

Taming the Presumption of Innocence provides a comprehensive account of the presumption of innocence in criminal law and procedure. It maintains that the presumption is a vital component of the proof structure of criminal trials.

Author : Anthony Gray
Publisher : Lexington Books
Page : 209 pages
File Size : 52,6 Mb
Release : 2017-11-08
Category : Political Science
ISBN : 9781498554114

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Presumption of Innocence in Peril by Anthony Gray Pdf

This book explains the historical significance and introduction of the presumption of innocence into common law legal systems. It explains that the presumption should be seen as reflecting notions of moral comfort around judgment of others. Specifically, when one is asked to make a judgment about the guilt or otherwise of a person accused of wrongdoing, the default position should be to do nothing. This reflects the very serious consequences of what we do when we decide someone is guilty of wrongdoing and is not a step to be taken lightly. Traditionally, decision makers have only taken it when they are morally comfortable with that decision. It then documents how legislators in a range of common law jurisdictions have undermined the presumption of innocence, through measures such as reverse onus provisions, allowing or requiring inferences to be made against an accused, redefining offenses and defenses in novel ways to minimize the burden on the prosecutor, and by dressing proceedings as civil when they are in substance criminal. Courts have too easily acceded to such measures, in the process permitting accused persons to be convicted although there is reasonable doubt as to their guilt, and where they are not guilty of sufficiently blameworthy conduct to attract criminal sanction. It finds that the courts must be prepared to re-assert the prime importance of the presumption of innocence, only permitting criminal sanctions to be imposed where they are morally certain that the accused did that of which they have been accused, and morally comfortable that the conduct being addressed is worthy of the kind of criminal sanction which prosecutors seek to impose. Courts must be morally comfortable about the finding of guilt, and the imposition of the criminal penalty in a given case. They have lost sight of this moral underpinning to criminal law process and substance, and it must be regained.

Author : Aistė Mickonytė
Publisher : BRILL
Page : 248 pages
File Size : 41,5 Mb
Release : 2018-12-03
Category : Law
ISBN : 9789004384651

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Presumption of Innocence in EU Anti-Cartel Enforcement by Aistė Mickonytė Pdf

In this book the author examines the compliance of the European anti-cartel enforcement procedure with the presumption of innocence under Article 6(2) of the European Convention on Human Rights.

Author : Scott Turow
Publisher : Grand Central Publishing
Page : 507 pages
File Size : 40,8 Mb
Release : 2023-01-03
Category : Fiction
ISBN : 9781538757048

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Presumed Innocent by Scott Turow Pdf

COMING IN JUNE AS AN APPLE ORIGINAL SERIES FROM APPLE TV+ STARRING JAKE GYLLENHAAL From #1 New York Times bestselling author and hailed as the most suspenseful and compelling novel in decades, this story brings to life our worst nightmare: that of an ordinary citizen facing conviction for the most terrible of all crimes. Rusty Sabich, family man and the number-two prosecutor of Kindle County, is handed an explosive case--the brutal murder of a woman who happens to be his former lover. A shocking turn of events suddenly transforms him from the accuser into the accused... and plunges him into a nightmare world where nothing seems real and no one can be PRESUMED INNOCENT. It's the stunning portrayal of one man's all-too-human, all-consuming fatal attraction for a passionate woman who is not his wife, and the story of how his obsession puts everything he loves and values on trial--including his own life. It's a book that lays bare a shocking world of betrayal and murder, as well as the hidden depths of the human heart. And it will hold you and haunt you...long after you have reached its shattering conclusion.

Author : Andrew Stumer
Publisher : Bloomsbury Publishing
Page : 258 pages
File Size : 45,9 Mb
Release : 2010-06-14
Category : Law
ISBN : 9781847315878

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The Presumption of Innocence by Andrew Stumer Pdf

The presumption of innocence is universally recognized as a fundamental human right and a core principle in the administration of criminal justice. Nonetheless, statutes creating criminal offences regularly depart from the presumption of innocence by requiring defendants to prove specific matters in order to avoid conviction. Legislatures and courts seek to justify this departure by asserting that the reversal of the burden of proof is necessary to meet the community interest in prosecuting serious crime and maintaining workable criminal sanctions. This book investigates the supposed justifications for limitation of the presumption of innocence. It does so through a comprehensive analysis of the history, rationale and scope of the presumption of innocence. It is argued that the values underlying the presumption of innocence are of such fundamental importance to individual liberty that they cannot be sacrificed on the altar of community interest. In particular, it is argued that a test of 'proportionality', which seeks to weigh individual rights against the community interest, is inappropriate in the context of the presumption of innocence and that courts ought instead to focus on whether an impugned measure threatens the values which the presumption is designed to protect. The book undertakes a complete and systematic review of the United Kingdom and Strasbourg authority on the presumption of innocence. It also draws upon extensive references to comparative material, both judicial and academic, from the United States, Canada and South Africa.

Author : Richard L. Lippke
Publisher : Oxford University Press
Page : 288 pages
File Size : 55,8 Mb
Release : 2016-02-01
Category : Social Science
ISBN : 9780190469207

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Taming the Presumption of Innocence by Richard L. Lippke Pdf

The notion that an individual accused of a crime is presumed innocent until proven guilty is one of the cornerstones of the American criminal justice system. However, the presumption of innocence creates a number of practical and theoretical issues, particularly regarding pre-trial and post-trial processes. In Taming the Presumption of Innocence, Richard L. Lippke argues that the presumption of innocence should be contained to the criminal trial. Beyond the realm of the trial, legal professionals, investigators, and the general public should carry out their respective roles in the criminal justice process without making any presumptions about guilt or innocence whatsoever. Rather than eschewing the significance of the presumption of innocence, the book defends its role within its proper context, the criminal trial. According to Lippke, other aspects of the criminal justice system such as investigation, lawmaking, and treatment of ex-offenders should be conducted in such a way that reflects the fallibility and unpredictability of the system without involving the issue of presumed guilt or innocence. Lippke dispels the idea that the presumption of innocence can be used to remedy some of the current issues in the practice of criminal justice, and instead proposes engaging in deeper, more substantive reforms of the American criminal justice system. The first monograph dedicated exclusively to the presumption of innocence, Taming the Presumption of Innocence will be an ideal text for students and scholars of criminology, criminal justice, and legal theory.

Author : Claire Hamilton (Barrister)
Publisher : Justice in Controversy
Page : 276 pages
File Size : 53,6 Mb
Release : 2007
Category : History
ISBN : IND:30000116860028

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The Presumption of Innocence in Irish Criminal Law by Claire Hamilton (Barrister) Pdf

The right to be presumed innocent until proven guilty has been described as the 'golden thread' running through the web of English criminal law and a "fundamental postulate" of Irish criminal law which enjoys constitutional protection. Reflecting on the bail laws in the O'Callaghan case, Walsh J. described the presumption as a 'very real thing and not simply a procedural rule taking effect only at the trial'. The purpose of this book is to consider whether the reality matches the rhetoric surrounding this central precept of our criminal law and to consider its efficacy in the light of recent or proposed legislative innovations. Considerable space is devoted to the anti-crime package introduced by the government in the period of heightened concern about crime which followed the murder of journalist Veronica Guerin. Described by the Bar Council as "the most radical single package of alterations to Irish criminal law and procedure ever put together, " the effect of the package was an amendment of the bail laws and the introduction of preventative detention; a curtailment of the right to silence for those charged with serious drugs offences and the introduction of a novel civil forfeiture process to facilitate the seizure of the proceeds of crime, a development which arguably circumvents the presumption. Given these developments, the question posed in the book is whether we can lay claim to a presumption that is more than merely theoretical or illusory.

Author : Alan Uzelac,C. H. van Rhee
Publisher : Unknown
Page : 0 pages
File Size : 41,6 Mb
Release : 2017
Category : Civil law
ISBN : 1780685335

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Revisiting Procedural Human Rights by Alan Uzelac,C. H. van Rhee Pdf

The idea of human rights as fundamental rights of every person is certainly one of the most powerful ideas of our modern age. Since the American and French revolutions, human rights have been the strongest link between law and democracy. They have played a crucial role when defining notions of constitutionalism and the rule of law. While some human rights have been made famous in national mottos such as the French libertU+fffde, U+fffdegalitU+fffde et fraternitU+fffde, other human rights have not attracted such attention. Generally, substantive human rights have been discussed and appreciated more than procedural human rights. Yet, without an effective and well-balanced set of procedural rights, the substantive rights and freedoms of almost any person or business would not enjoy effective protection before the courts of law. Based on the wish to reopen an international comparative discussion on fundamental notions of civil procedure, this book offers a number of insights into procedural human rights from different jurisdictions and different points of view. While some previous studies focused on Northern Europe, many of the authors in this book come from Southern and Eastern Europe, areas where a common understanding of procedural human rights may be an even more pressing necessity.

Author : John D. Jackson,Sarah J. Summers
Publisher : Cambridge University Press
Page : 443 pages
File Size : 43,5 Mb
Release : 2012-01-19
Category : Law
ISBN : 9781107018655

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The Internationalisation of Criminal Evidence by John D. Jackson,Sarah J. Summers Pdf

An examination of international attempts to develop common principles for regulating criminal evidence across different legal traditions.

Author : Ludovic Kennedy
Publisher : Unknown
Page : 304 pages
File Size : 51,9 Mb
Release : 1976
Category : Electronic
ISBN : 058604633X

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A Presumption of Innocence by Ludovic Kennedy Pdf

Author : James Cooper Morton,Scott C. Hutchison
Publisher : Carswell Legal Publications
Page : 154 pages
File Size : 48,5 Mb
Release : 1987-01-01
Category : Burden of proof
ISBN : 0459305816

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The Presumption of Innocence by James Cooper Morton,Scott C. Hutchison Pdf

Release. Crimes of specific intent.

Author : Stephen Penner
Publisher : Unknown
Page : 246 pages
File Size : 43,9 Mb
Release : 2012-07
Category : Fiction
ISBN : 061566461X

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Presumption of Innocence by Stephen Penner Pdf

LEGAL THRILLER. Homicide prosecutor David Brunelle faces the most difficult case of his career. An innocent young girl is murdered in a heinous, unforgivable way. The only evidence against the killer is the full confession of his accomplice--another young girl he also victimized. But the accomplice is charged with the murder as well, which means she has the right to remain silent. And she's so scared of the killer, she refuses to take a deal to testify against him. Brunelle can't just let the murderer walk, but how can he get a conviction when he has no admissible evidence and the killer is protected by the PRESUMPTION OF INNOCENCE?

Author : United States
Publisher : Unknown
Page : 66 pages
File Size : 41,9 Mb
Release : 1893
Category : Electronic
ISBN : PRNC:32101050870540

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Constitution by United States Pdf